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High Court Hears State Appeal Against Acquittal in Murder and Rioting Case; Revisional Power Under Section 401(3) CrPC Cannot Be Used to Convert Acquittal Into Conviction

This matter involves a state appeal under Section 378 of the Code of Criminal Procedure, 1973 and a revision application under Section 397 CrPC filed ...

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Supreme Court Examines Constitutionality of Prohibitory Orders Under Section 144 CrPC Restricting Public Assembly. Judgment Clarifies That Reasonable Restrictions on Speech and Assembly Must Be Just, Fair and Reasonable Under Articles 19 and 21.

The Supreme Court initiated a suo motu criminal writ petition regarding the incident at Ramlila Maidan on 4-5 June 2011, involving the imposition of p...

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Supreme Court Restores Conviction for Aggravated Penetrative Sexual Assault Under POCSO Act Despite Victim's Consent and Cohabitation. Consent of a Minor Is Irrelevant for Offences Under the POCSO Act and Section 376 IPC, and the High Court Exceeded Its Jurisdiction by Acquitting Based on Such Consent.

The Supreme Court of India dealt with a suo motu writ petition and a criminal appeal arising from a judgment of the Calcutta High Court. The backgroun...

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Invalid Service of Demand Notice. Notice sent by speed post but not delivered to correct address; court holds that service of notice is mandatory under Section 138 of Negotiable Instruments Act, 1881.

The petitioner, Salim s/o Jilani Qureshi, filed a criminal writ petition under Article 226 of the Constitution of India read with Section 482 of the C...

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Karnataka High Court Dismisses Bail Petitions and Refers Questions on POCSO Act to Division Bench. Single Judge observes conflicting views on Section 35 compliance and refers issues regarding default bail and evidence recording under Section 164 Cr.P.C., doubting Vinay v. State of Karnataka.

The case involved two criminal petitions filed before the Karnataka High Court by the accused, Hanumantha Mogaveera, seeking bail under Section 439 of...

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Supreme Court Allows Habeas Corpus Petitions in Preventive Detention Case Due to Irrelevant and Vague Grounds. Detention Under Preventive Detention Act Invalidated as Assaults on Solitary Individuals Do Not Constitute Disturbance of Public Order and Vague Grounds Violate Article 22(5) of Constitution.

This was a writ petition under Article 32 of the Constitution for a writ of habeas corpus filed by thirty persons detained under orders passed by the ...

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Supreme Court Dismisses Challenge to Preventive Detention Order; Holds That Representation Made After Advisory Board’s Opinion Does Not Violate Section 7 of Preventive Detention Act, 1950. Acts Affecting Public Order Under Section 3 Must Impact the Community at Large, Not Mere Law and Order.

The petitioner, Shyamal Chakraborty, was arrested and detained under Section 3(2) of the Preventive Detention Act, 1950, by an order of the Commission...

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Bombay High Court Addresses Rampant Illegal Hoardings by Political and Religious Entities Across Maharashtra. Court Interprets Definition of Skysign and Requirement of Written Permission Under Maharashtra Municipal Corporations Act, 1949.

The High Court of Judicature at Bombay was seized with a group of Public Interest Litigations and Writ Petitions raising serious concerns regarding th...