Principles governing power of Courts to direct Retrial and Joint Trial, as laid down by Supreme Court
Supreme Court: The 3-judge bench of Dr. DY Chandrachud*, Vikram Nath and BV Nagarathna, JJ has lucidly laid down the principles governing
criminal law
Section 138 NI Act| Once settlement has been entered into, the complainant cannot pursue the original complaint: Supreme Court
The settlement agreement subsumes the original complaint.
Explained| Is Preliminary Enquiry mandatory in all corruption cases?
Supreme Court: The 3-judge bench of Dr. DY Chandrachud*, Vikram Nath and BV Nagarathna, JJ has held that a Preliminary Enquiry is
Reprimand for indiscipline does not amount to abetment of suicide of a “hypersensitive” student: SC
‘Spare the rod and spoil the child’ an old saying may have lost its relevance in present days and Corporal punishment to the child is not recognised by law but that does not mean that a teacher or school authorities have to shut their eyes to any indiscipline act of a student.
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.
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*
Compromise cannot be taken to be a solitary basis for reduction of sentence: Supreme Court
In a case where a compromise was reached between parties, 28 years after an incident left the victim crippled for life, the Court said that such a brutality cannot be ignored which is not against the individual but the crime is against the society which has to be dealt with sternly.
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.
More than a prima facie case! Read Supreme Court’s test for invoking power under Section 319 Cr.P.C.
“The power cannot be exercised in a casual and cavalier manner.”
Imprisonment for life is equivalent to rigorous imprisonment for life: Supreme Court
Supreme Court: In a case where a man was convicted for killing his wife on the suspicion of her infidelity and was
Explained| How to know if a homicide is a ‘murder’ or ‘culpable homicide not amounting to murder’?
Supreme Court: The bench of KM Joseph and S. Ravindra Bhat*, JJ has reiterated the factors to be considered while deciding the
No preventive detention on ground of a possible apprehension of breach of law and order; Supreme Court explains true import of ‘public order’
Supreme Court: In a case where the detenu was accused of committing a series of criminal offences from October, 2017 to December,
Elected legislators cannot claim privilege or immunity to stand above sanctions of criminal law: SC rules out withdrawal of criminal case against MLAs in 2015 Kerala Assembly ruckus
Supreme Court: A Division Bench of Dr D.Y. Chandrachud and M.R. Shah, JJ. upheld the order of the Chief Judicial Magistrate, Thiruvananthapuram,
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
“No coercive measures to be taken”| Can High Courts pass such blanket orders while refusing to quash investigation? Here’s the law laid down by the Supreme Court
“Granting of such blanket order would not only adversely affect the investigation but would have far reaching implications for maintaining the Rule of Law.”
“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
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.”
UNH Franklin Pierce | Webinar on Transnational Crime and the International Criminal Law & Justice Graduate Programs [February 10, 2021]
Join Professor Buzz Scherr, Chair of the online International Criminal Law & Justice (ICLJ) graduate programs, on Wednesday, February 10 at 7PM
SC| Courts cannot adopt a rigid or formalistic approach while interpreting Section 167(2) CrPC. Read why
Supreme Court: Interpreting Section 167(2) CrPC, the 3-judge bench of UU Lalit, MM Shantanagoudar and Vineet Sarah, JJ has said that the