Criminal Lawyer

Private Vehicle belonging to Accused does not fall under "Public Place", compliance of Sec 42 NDPS Act mandatory; SC

By team of Advocate Retainer April 19, 2021 - 08:00

Private Vehicle belonging to Accused does not fall under "Public Place", compliance of Sec 42 NDPS Act mandatory; SC

The SC on April 16, 2021 {BOOTA SINGH & OTHERS vs. STATE OF HARYANA} held that Section 42 of the NDPS Act having not been complied with at all...

Posted in Acquittal by SC, Non-compliance of Sec 42 of NDPS Act, Private Vehicle, Public Place, Recording of information and sending it to higher officers, Sec 42 NDPS Act

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[Food Adulteration] In the absence of the Company, the Nominated Person cannot be convicted: SC

By team of Advocate Retainer January 15, 2021 - 06:55

[Food Adulteration] In the absence of the Company, the Nominated Person cannot be convicted: SC

The SC on November 5, 2020 {HINDUSTAN UNILEVER LIMITED vs. THE STATE OF MADHYA PRADESH } held that in the absence of the Company, the Nominated Pe...

Posted in 2006, Company not convicted or arrayed as party consequences, Conviction maintainable under Older Act, Food Safety and Standards Act, General Clauses Act, Negotiable Instruments Act, Prevention of Food Adulteration Act, Repeal of older act providing harsher punishment, Sec 141, Vicarious Liability

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A witness under cross-examination on oath should be given an opportunity to tender his explanation, if the documents are to be used against him: SC

By team of Advocate Retainer November 03, 2020 - 08:30

A witness under cross-examination on oath should be given an opportunity to tender his explanation, if the documents are to be used against him: SC

The SC on Oct 26, 2020 {Raveen Kumar vs State of Himachal Pradesh} held that interference of an appellate Court against acquittal would be justifi...

Posted in Absence of Independent Witness, Admission, Confrontation of admission during Cross-Examination, Conviction on solitary evidence of Police officers, Perverse Finding, Reversal of Acquittal by HC

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Solitary ground of the complainant also being the investigating officer is not available for acquittal in absence of bias: SC

By team of Advocate Retainer October 28, 2020 - 07:00

Solitary ground of the complainant also being the investigating officer is not available for acquittal in absence of bias: SC

The SC on Oct 26, 2020 {Rajesh Dhiman vs State of Himachal Pradesh} held that reasonable doubt does not mean that proof be so clear that no possibi...

Posted in Complainant as Investigating officer, Independent Witness, Narcotics in backpack, NDPS Act, Reversal of Acquittal by HC, Search of a person

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[Default Bail] Right accruing to the accused under Section 167(2) CrPC does not get extinguished by subsequent filing of an additional complaint or chargesheet by the investigating agency, SC

By team of Advocate Retainer October 27, 2020 - 09:00

[Default Bail] Right accruing to the accused under Section 167(2) CrPC does not get extinguished by subsequent filing of an additional complaint or chargesheet by the investigating agency, SC

The SC on October 26, 2020 {M. Ravindran vs. The Intelligence Officer, Directorate of Revenue Intelligence} held that while computing the per...

Posted in Default Bail, NDPS Act, Sec 167 Cr.P.C., Sec 167(2) Cr.P.C., Subsequent filing of Additional Complaint, Subsequent filing of Chargesheet

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Supreme Court: All Witnesses may not support the prosecution story, in such situation, other available evidence can comprehensively prove the charge

By team of Advocate Retainer October 12, 2020 - 09:00

Supreme Court: All Witnesses may not support the prosecution story, in such situation, other available evidence can comprehensively prove the charge

The SC on Oct 09, 2020 {Karulal & Ors. vs. The State of Madhya Pradesh} held that the testimony of the related witness, if found to be truthful...

Posted in Contradictions in Witnesses testimony, related witness, Sec 302 IPC

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No hard and fast rule that in a case of single injury Section 302 IPC would not be attracted: SC

By team of Advocate Retainer September 10, 2020 - 12:54

No hard and fast rule that in a case of single injury Section 302 IPC would not be attracted: SC

The SC on Sep 09, 2020 {Stalin vs. State represented by the Inspector of Police} held that motive is not an explicit requirement under the Penal Co...

Posted in Culpable homicide not amounting to murder, Sec 302 IPC, Sec 304 IPC

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[Prevention of Food Adulteration Act] Relevant information under Rule 32(e) with regard to the lot/code/batch identification are available in the barcode, criminal proceedings quashed: SC

By team of Advocate Retainer September 07, 2020 - 08:30

[Prevention of Food Adulteration Act] Relevant information under Rule 32(e) with regard to the lot/code/batch identification are available in the barcode, criminal proceedings quashed: SC

The SC on Sep 04, 2020 {RAGHAV GUPTA vs STATE (NCT OF DELHI) AND ANOTHER} held that several grounds have been urged to challenge the...

Posted in Discharge, Prevention of Food Adulteration Act, Rule 32(e), Sec 294 Cr.P.C.

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Court cannot abdicate its duty and has to be uninfluenced by the statements published in various articles, Prashant Bhushan fined Rs. 1 for contempt: SC

By team of Advocate Retainer September 01, 2020 - 14:16

Court cannot abdicate its duty and has to be uninfluenced by the statements published in various articles, Prashant Bhushan fined Rs. 1 for contempt: SC

The SC on August 31, 2020 {IN RE: PRASHANT BHUSHAN AND ANR.} held that the allegations made by the contemnor are scandalous and are capable of sha...

Posted in Contempt, Sentencing, Suo Motu Criminal Contempt

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A stranger cannot be permitted to file an appeal unless he is aggrieved person: Supreme Court

By team of Advocate Retainer August 24, 2020 - 08:30

A stranger cannot be permitted to file an appeal unless he is aggrieved person: Supreme Court

The SC on Aug 21, 2020 {SRI V.N.KRISHNA MURTHY & ANR. vs SRI RAVIKUMAR & ORS.} held that an appeal under Section 96 of the Civil Procedure...

Posted in Appeal by stranger, Appeal by third party, Sec 100 CPC, Sec 96 CPC

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Appellate Courts ought not to routinely re-appreciate the evidence in a criminal case: Supreme Court

By team of Advocate Retainer August 22, 2020 - 10:02

Appellate Courts ought not to routinely re-appreciate the evidence in a criminal case: Supreme Court

The SC on Aug 19, 2020 {Mohd. Anwar vs The State (N.C.T. of Delhi)} held in the present case the crime of robbery with hurt has been established by...

Posted in Appreciation of evidence by Appellate Court in Criminal Case, Juvenility, Refusal for TIP, Robbery, Sec 84 IPC

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[Actor Sushant Singh Death] Transfer of investigation cannot be ordered under Sec 406 Cr.P.C, Jurisdiction of Bihar police to register FIR & transfer of case to CBI appears to be in order: Supreme Court

By team of Advocate Retainer August 20, 2020 - 13:38

[Actor Sushant Singh Death] Transfer of investigation cannot be ordered under Sec 406 Cr.P.C, Jurisdiction of Bihar police to register FIR & transfer of case to CBI appears to be in order: Supreme Court

The SC on August 19, 2020 {Rhea Chakraborty vs State of Bihar & Ors.} held that transfer of investigation to the CBI cannot be a routine occur...

Posted in Actor Sushant Singh Rajput Death, Art 142, CBI investigation, Sec 174 CrPC, Sec 406 Cr.P.C., Transfer of investigation, Transfer Petition

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