Explained| Can Chairman, Directors, Managers, etc. be automatically summoned in a criminal case involving the company?
Summoning of an accused in a criminal case is a serious matter. Criminal law cannot be set into motion as a matter of course.
Criminal Trial
Bail| Man with serious allegations against him cannot claim parity with a woman jailed with an infant: Supreme Court
Supreme Court: In a case where a man was allegedly murdered by his wife and colleague, the bench of Dr. DY Chandrachud*
Explained| Burden of proof: Criminal Proceedings versus Departmental Proceedings
The two proceedings, criminal and departmental, are entirely different. They operate in different fields and have different objectives.
Kar HC | “Chagrined and frustrated litigants should not be permitted to give vent to their frustration by cheaply invoking jurisdiction of the criminal court” Application of judicious mind sine qua non for setting criminal trial in motion
Karnataka High Court: M. Nagaprasanna J. allowed the criminal petition and quashed the impugned order dated 30-07-2016 passed by Additional Civil Judge,
Idiosyncrasies of colloquial terms, used for naming accused, could well be the difference between his conviction and acquittal: Supreme Court
Supreme Court: A Division Bench of Sanjay Kishan Kaul and Hrishikesh Roy, JJ. took the liberty of disagreeing with one of the
J&K HC | Bail cannot be granted on the ground of delay unless the matter was pending for 5 years or more
Jammu and Kashmir High Court: The Division Bench of Dhiraj Singh Thakur and Puneet Gupta, JJ., dismissed the application seeking suspension of
MP HC | District Judiciary is extremely tight-fisted when it comes to granting bail, leads to burden on the High Court; Directions on arrest and bail issued to Police; Judicial Magistrates
Madhya Pradesh High Court: Atul Sreedharan, J., allowed a bail application of the applicant who was charged for offences under sections 420,467,468,471,472,474
“Consent of parties cannot obviate the duty of the High Court to indicate its reasons”; Supreme Court explains the law on Bail
Supreme Court: The Division Bench of Dr. Dhananjaya Y. Chandrachud* and M. R. Shah, JJ., pronounced an important judgment which came out
“Mini Trial not permissible at the stage of framing of charge”; Supreme Court explains the yardsticks of revisional jurisdiction of High Courts
Supreme Court: The Division Bench comprising of Dhananjaya Y. Chandrachud and M.R. Shah*, JJ., recently held in an interesting case that evaluation
Can ossification test held after 38 years of incident be conclusive to prove juvenility on the date of incident? SC answers
“The ossification test can be said to be relevant for determining the approximate age of a person in conflict with law. However, when the person is around 40-55 years of age, the structure of bones cannot be helpful in determining the age.”
Activist with “an urge to positively contribute to the society” files plea u/s 482 CrPC seeking expedition of a criminal trial. ‘You have no locus standi’, holds SC
Supreme Court: The 3-judge bench of Ashok Bhushan*, R. Subhash Reddy and MR Shah, JJ has reiterated that an application by a
Telangana HC | Whether opening of Rowdy Sheet and keeping close surveillance on habitual offender would amount to infringement of his right to privacy? Court unfolds
Telangana High Court: P. Naveen Rao, J., while addressing the instant matter observed that, “When a citizen comes to the High Court alleging
Rules and Principles of Identification under Criminal Justice System
by Sarvesh Kumar Shahi*
Sikk HC | Injured victim’s testimony is more reliable than injured witness; Judgment of Sessions Judge in case under S. 307 IPC, upheld
Sikkim High Court: Bhaskar Raj Pradhan, J., upheld the decision passed by the Sessions Judge while rejecting the present appeal filed. In
SC| Can’t summon additional accused under Section 319 CrPC in the absence of strong and cogent evidence
Supreme Court: In case where a man tried to rope in other relatives of his wife in a criminal proceeding that he
Del HC | Conviction in a dowry death case set aside for being based on ‘inherently contradictory approach’
Delhi High Court: While wondering why the wife committed suicide, R.K. Gauba, J., acquitted the husband who was convicted under Sections 304-B and
Pat HC | Director of a company cannot be made to suffer rigors of criminal trial in the absence of material proving allegations against him
Patna High Court: The Bench of Ahsanuddin Amanullah, J. allowed an application filed under Section 482 of the Code of Criminal Procedure,
Factors guiding exercise of discretion by Judge under Section 231 (2) CrPC, “practice guidelines” for trial court in conducting criminal trial stated: SC
Supreme Court: A Bench comprising of A.M. Sapre and Indu Malhotra, JJ. while allowing an appeal filed against the judgment of Kerala High
Absence of entries in General Diary concerning the preliminary enquiry is not per se illegal: SC
Supreme Court: Holding that the absence of entries in the General Diary concerning the preliminary enquiry is not per se illegal, the bench of NV Ramana and SA Nazeer said: “As the concept of maintaining General Diary has its origin under the Section 44 of Police Act of 1861 as applicable to States, which makes it an obligation for the concerned Police Officer
Not necessary that every eyewitness who had seen the accused hitting the victim should also receive injuries to prove an offence: SC
Supreme Court: Explaining the law on the credibility of the testimony of an interested eye-witness, the bench of NV Ramana and SA