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Supreme Court

Supreme Court Quashes Summoning of Appellants Under Section 319 CrPC in Dowry Death Case — Dying Declaration Only Named One Accused, General Allegations Insufficient. No Prima Facie Case for Section 302 IPC or Dowry Offences Against Appellants.

27 Feb 2019

The Supreme Court allowed the appeals against the order of the High Court of Judicature at Allahabad which had affirmed the trial court's order summon...

Supreme Court

Supreme Court Allows Appeal Against Quashing of Criminal Process in Forgery Case — High Court Exceeded Jurisdiction by Evaluating Merits at Summoning Stage. Criminal proceedings cannot be quashed merely because allegations appear civil if ingredients of offence are prima facie made out.

12 Feb 2019

The appellant, Sau. Kamal Shivaji Pokarnekar, filed a criminal complaint alleging that the respondents committed forgery and prepared false documents,...

Supreme Court

Supreme Court Upholds Magistrate's Summoning Order in Hawala Case — High Court's Revision Order Set Aside. Court holds that at the stage of taking cognizance under Section 190(1)(b) CrPC, the Magistrate need not record detailed reasons; sufficiency of grounds is to be assessed from the charge sheet and accompanying documents.

8 Feb 2019

The Supreme Court allowed the appeal filed by the State of Gujarat against the judgment of the Gujarat High Court which had set aside the order of the...

Supreme Court

Supreme Court Allows Appeal in Criminal Case for Additional Evidence Under Section 391 CrPC — Trust Deed and Resolution Crucial for Defence. The Court held that the appellate court has wide discretion to take additional evidence if necessary for a just decision, and the rejection of applications under Section 391 CrPC was erroneous.

28 Jan 2019

The Supreme Court allowed the appeal filed by Brig. Sukhjeet Singh (Retd.) against the judgment of the Allahabad High Court dated 17.01.2017, which ha...

Supreme Court

Supreme Court Dismisses Appeal Against Summoning Under Section 319 CrPC in Murder Case — Prima Facie Evidence Sufficient for Trial

24 Jan 2019

The appeal arose from a judgment of the Punjab and Haryana High Court upholding the Sessions Court's order allowing an application under Section 319 C...

Supreme Court

Supreme Court Commutes Death Sentence to Life Imprisonment in Acid Attack Murder Case. No Special Reasons for Death Penalty as Crime Not 'Rarest of Rare' Under Section 302 IPC.

17 Jan 2019

The Supreme Court of India heard appeals against the judgment of the Madhya Pradesh High Court confirming the death sentence awarded to Yogendra @ Jog...

Supreme Court

Supreme Court Upholds Cancellation of MBBS Admissions and Debarment of Medical College Due to Gross Deficiencies and Fraud. Regulation 8(3)(1)(b) of Establishment of Medical College Regulations, 1999 applied for bed occupancy below 65% and faculty shortage exceeding 20%.

17 Jan 2019

The case pertains to Sarvepalli Radhakrishnan University and its affiliated medical college, R.K.D.F. Medical College Hospital and Research Centre, wh...

Supreme Court

Supreme Court Quashes CVC Order Divesting CBI Director of Powers — Rule of Law and Institutional Independence Upheld. The court held that the CVC exceeded its powers under Section 8(1)(a) and 8(1)(b) of the CVC Act, 2003 read with Section 4(1) of the DSPE Act, 1946, and that the orders were invalid as they undermined the independence of the CBI Director.

8 Jan 2019

The judgment arises from two writ petitions challenging the legality of three orders dated 23rd October 2018. The first order was passed by the Centra...

Supreme Court

Supreme Court Quashes CVC Order Divesting CBI Director of Powers — Rule of Law and Institutional Independence Upheld. The court held that the CVC exceeded its powers under Section 8(1)(a) and 8(1)(b) of the CVC Act, 2003 read with Section 4(1) of the DSPE Act, 1946, and that the divestment of the CBI Director's functions without due process violated the rule of law.

8 Jan 2019

The judgment arises from two writ petitions challenging the legality of three orders dated 23 October 2018. The first order was passed by the Central ...

Supreme Court

Supreme Court Allows Appeal Against Order Permitting Examination of Handwriting Expert After 13-Year Delay in CBI Case. Section 311 CrPC Cannot Be Used to Perpetuate Prosecution's Laches and Cause Prejudice to Accused.

4 Jan 2019

The Supreme Court allowed the appeal filed by Swapan Kumar Chatterjee against the order of the Calcutta High Court confirming the Trial Court's permis...

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