crpc

Case BriefsHigh Courts

Granting or non-granting interim maintenance is not punishing any litigant; Kar HC observes Proviso to S. 125 of CrPC provides discretion to court to order interim maintenance during pendency of proceedings

Karnataka High Court: M Nagaprasanna, J., dismissed the petition and refused to grant prayer as the case is at a pre matured

Case BriefsSupreme Court

“An opinion accompanied by inadequate reasoning would not satisfy the requirements of Section 432 (2), CrPC”, SC directs presiding officer to reconsider remission application

“Section 432 (2) of the CrPC would stand defeated if the opinion of the presiding judge becomes just another factor that may be taken into consideration by the government while deciding the application for remission.”

Case BriefsSupreme Court

POCSO| Is investigation of disclosure of victim’s identity permissible without Magistrate’s permission? SC gives split verdict 

Supreme Court: The bench of Indira Banerjee and JK Maheshwari, JJ has given split verdict on the issue as to whether the

Case BriefsHigh Courts

Whether the maintenance awarded under the Domestic Violence Act can be sought to be enhanced under the CrPC? Kar HC analyses

Karnataka High Court: M. Nagaprasanna, J. allowed the criminal petition and quashed both the orders by the Magistrate and the Sessions Judge.

Case BriefsHigh Courts

[IT Act] AP HC | ”…being an educated man and Software Engineer, he is not justified in making such irresponsible comments against the Judiciary and the High Court”, Bail denied

Andhra Pradesh High Court: Cheekathi Manavendranath Roy J. dismissed the criminal petition and granted bail to the accused advocates and denied bail

Case BriefsHigh Courts

AP HC considered alleged attempt to threatening witness as a vague allegation; Cancellation of bail sought was rejected

Andhra Pradesh  High Court: Cheekati Manavendranath Roy, J., dismissed the criminal petition being devoid of merits. This criminal petition under Section 439(2)

Case BriefsSupreme Court

“Filing of the charge-sheet within stipulated period is sufficient compliance u/s 167 of CrPC”, SC rejects default bail plea of Rahul Modi, MD of Adarsh Group

Supreme Court: In a loan default case, the Division Bench of L. Nageswara Rao* and B.R. Gavai, JJ., rejected pleas of Rahul

Case BriefsHigh Courts

[Right to Maintenance] Jhar HC | What is the effective date of grant of maintenance? Is it the date of judgment or the date of filing of maintenance application?

Jharkhand High Court: Anubha Rawat Choudhary, J., held that right to claim maintenance must date back to the date of filing the

Case BriefsHigh Courts

Kar HC |  While deciding the petition under S. 482 of CrPC evidence cannot be appreciated as it lies within the domain of Trial Court

Karnataka High Court: Sreenivas Harish Kumar J. dismissed the petition being devoid of merits. The facts of the case are such that

Case BriefsHigh Courts

Court can neither be a mute spectator to the whims and fancies of the investigating agency nor be a party to it; Ori HC observes in a case where final form was submitted after 15 years

Orissa High Court: Sashikant Mishra J. allowed the criminal petition and quashed the FIR and the criminal proceeding due to inordinate delay

Case BriefsHigh Courts

Can FIR/ complaint in non compoundable offences pertaining to matrimonial disputes be quashed? HP HC lays down under what circumstances

Himachal Pradesh High Court: Chander Bhusan Barowalia J. disposed of the petition and quashed the FIR/complaint. The facts of the case are

Case BriefsHigh Courts

[Elgar Parishad Case] Bombay High Court grants default bail to activist Sudha Bhardwaj 

Bombay High Court: The Division Bench of S.S. Shinde and N. J. Jamadar, JJ., granted bail to activist Sudha Bhardwaj after three

Case BriefsHigh Courts

[Model Code of Conduct] Kar HC | Mere display of any stickers and flags on vehicles of any particular party will not attract/invoke S. 171 H IPC

Karnataka High Court: H P Sandesh J. allowed the petition and quashed the proceedings initiated against the petitioners. This petition is filed

Case BriefsHigh Courts

J&K and Ladakh HC | Dishonour of cheque; HC advices Criminal Courts to impose fine equivalent to amount of cheque plus at least 6% interest per annum     

Jammu & Kashmir and Ladakh High Court: Sanjeev Kumar, J., held that the sentence of fine under Section 138 of N.I.Act must

Case BriefsHigh Courts

J&K and Ladakh HC | Will a rumourous tweet make one legally liable even when one deletes it on coming to know it to be untrue? HC decides

Jammu & Kashmir and Ladakh High Court: Rajnesh Oswal, J., quashed the FIR against activist Sushil Pandit with regard to one of

Case BriefsHigh Courts

Chh HC | Whether ‘bank account’ can be held to be `property’ within the meaning of S. 102(1) CrPC?  HC explains

Chhattisgarh High Court: Rajendra Singh Samant, J., dismissed the petition being devoid of merits. The facts of the case are such that

Case BriefsHigh Courts

Del HC | Does CrPC allow amendment before taking cognizance and is there any provision to amend criminal complaint? Read Court’s opinion while deciding India Today’s Editor-in-Chief’s application in defamation case

Delhi High Court: Yogesh Khanna, J., reiterated that there is no provision in the Criminal Procedure Code to amend a criminal complaint,

Case BriefsDistrict Court

Ss. 97 & 98 of Code of Criminal Procedure are identical with Art. 32 of the Constitution of India as there are concerns with life & liberty of the person

Court of Sessions Judge, Gondia: Suhas V. Mane, Sessions Judge, remanded the matter to Magistrate on noting no foundation in the Magistrate’s

Case BriefsSupreme Court

Once an order is found to be passed without jurisdiction, all subsequent proceedings automatically come to an end: Supreme Court

Supreme Court: The 3-Judge Bench comprising of Ashok Bhushan*, R. Subhash Reddy and M.R. Shah allowed the instant appeal against the order

Case BriefsHigh Courts

P&H HC | Is there any provision of Negotiable Instruments Act that refers to any pre-condition for availing a valuable right of first appeal? HC elaborates

Punjab and Haryana High Court: Gurvinder Singh Gill, J., observed that, Right to appeal against conviction is an invaluable statutory right vested upon