Search Results for "CrPC 401"

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Supreme Court Reinstates Criminal Proceedings in Land Fraud Case Under IPC and CrPC. High Court's quashing of FIR set aside as allegations of fraud, forgery, and cheating disclosed cognizable offences requiring investigation, irrespective of civil remedies under Specific Relief Act, 1963.

The Supreme Court heard connected criminal appeals arising from special leave petitions challenging a common judgment of the Karnataka High Court that...

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Reforming Sentencing Practices in Indian Criminal Justice: Towards Fairness and Consistency Navigating Legal Precedents and Recommendations for Systematic Change

Compiles excerpts from various legal sources and cases concerning sentencing guidelines and procedures in the Indian criminal justice system. It discu...

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Supreme Court Confirms Death Sentence for Rape and Murder of 7½-Year-Old Mentally Challenged Girl. Circumstantial Evidence Including Last Seen, Recovery, and Medical Reports Established Guilt Beyond Doubt; Aggravating Factors Outweighed Mitigating Factors.

The Supreme Court dismissed the appeals of Manoj Pratap Singh, upholding his conviction and death sentence for the kidnapping, rape, and murder of a 7...

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Supreme Court Allows State Appeal in Army Offence Jurisdiction Dispute, Restoring Sessions Court Trial. Concurrent Jurisdiction Under Section 125 of Army Act, 1950 Upheld, with Commanding Officer's Discretion Exercised Through Cooperation with Civil Investigation.

The appeal arose from a judgment of the High Court of Sikkim, which upheld an order of the Sessions Judge directing that the accused, an Army personne...

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Supreme Court Sets Aside Enhancement of Sentence in POCSO Case Due to Procedural Violation — High Court's Suo Motu Enhancement Without Notice Held Illegal. Enhancement of Sentence from 7 to 10 Years in Accused's Own Appeal Violates Section 386 Proviso CrPC and Principles of Natural Justice.

The appellant, Kumar Ghimirey, was convicted by the Special Judge (POCSO Act, 2012) under Section 9/10 of the Protection of Children from Sexual Offen...

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Bombay High Court Quashes SDM Order Under Section 133 CrPC for Denial of Natural Justice — Remand for Fresh Hearing Ordered. Revisional Court Cannot Exercise Appellate Powers Under Section 401(1) CrPC.

The petitioners, Shyam and Arvind Parate, operated Anushree Agro Industry (Poultry Centre) in Nagbhid, Chandrapur. The Sub-Divisional Magistrate, Bram...

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Bombay High Court Quashes Criminal Complaint for Attempt to Murder and SC/ST Act Due to Lack of Prima Facie Case. Allegations of Caste-Based Insult and Attempt to Murder Found Baseless, Complaint Held to be Abuse of Process Under Section 482 CrPC.

The petitioner, Rustom Irani, filed a writ petition under Article 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, ...