Criminal Procedure Code 1973 Archives

2024 SCC Vol. 3 Part 4

Arbitration and Conciliation Act, 1996 — Ss. 34 and 5: Principles summarised re scope of interference by Court under S. 34. Supervisory,

Case Briefs High Courts

Court barred from taking cognizance of defamation on police report, it can only be taken on complaint filed by aggrieved party: Delhi High Court

“It is also the case of complainant that the accused persons including the petitioner had been defaming the complaint regularly through social media and the social media posts of the alleged incidents are even available on internet till date.”

Case Briefs High Courts

Victim not necessary party, thus not required to be impleaded as party in bail applications under CrPC: Rajasthan High Court

“Had it been the intention of the Legislature, it would have in unequivocal terms mentioned in the statute itself about impleadment of the victim as a necessary party in all cases.”

Case Briefs High Courts

Trial will have to begin de novo when case is committed by Magistrate to Court of Session: Delhi High Court

“When a case is committed by the Court of Magistrate to the Court of Session, the Magistrate becomes functus officio and any evidence recorded therein cannot be held to be admissible for the purposes of a de novo trial before the committal Court.”

Case Briefs High Courts

No mandate under CrPC for witness to appear before Court only when summoned; Andhra Pradesh HC sets aside conviction considering contradictory evidence of witnesses

“Unless there is any blatant mistake or error on the face of the record which may lead to miscarriage of justice, the Revisional Court shall not exercise its diligence over the matter.”

Cases Reported Never Reported Judgments

Never Reported Judgment | Practice of merely agreeing with lower courts is not satisfactory; Appellate court should give clear indication of evidence it relies on [(1952) 1 SCC 432]

This report covers the Supreme Court's Never Reported Judgment dating back to the year 1952 on duty of appellate court under Criminal Procedure Code, 1898.

Case Briefs High Courts

Delay of nine months in lodging of FIR by wife; Delhi High Court grants anticipatory bail to husband accused of rape, sexual harassment, cruelty

“During the said period of trial, there is no occasion for the applicant to keep him languishing behind the bars, as it would serve no purpose especially in view of the aforesaid and as it is a trite law that no person is presumed guilty until proven otherwise.”