crpc
Right to default bail under S. 167(2) CrPC cannot be denied by filing chargesheet without completing investigation: Supreme Court
The right of default bail under Section 167(2) of the CrPC is not merely a statutory right, but a fundamental right flowing from Article 21 of the Constitution of India, observed the Supreme Court.
Protest by violent means can never be a part of Democracy, Delhi High Court overturns the discharge of accused in the Jamia violence case
“A protest cannot be allowed to endanger others, damage property, restrict essential services and such a protest cannot receive constitutional protection. The acts of violence and violent speech that instigates violence and endangers rule of law, damage public property and peace are not protected under the Indian Constitution.” opined the Delhi High Court
When statutory remedy is created by enactment, exercise of inherent power under S.482 cannot be invoked ignoring statutory dispensation: Allahabad High Court
Allahabad High Court said that the cases relied upon by the accused are not applicable to the present case, as they are silent over the issue of maintainability of the petition under Section 482 Cr.P.C. after insertion of Section 14-A of SC/ST Act, 1989 and unless the said issue is decided consciously, any departure from the statutory provision would be a bad precedent.
164 Statement: A Judicial Cloak of Justice for Victims
by Tanya Agarwal†
Supreme Court grants anticipatory bail to 85% disabled accused in cheating case
Supreme Court in a case pertaining to allegations of cheating and criminal breach of trust, held that the accused is entitled for anticipatory bail, and directed the Investigating Agency to follow the procedure prescribed under CrPC for investigation against the disabled person
Petition filed under Section 156(3) CrPC must satisfy the essential ingredients to attract alleged offences: Supreme Court
The Supreme Court observed that if allegations in the petition are vague and are not specific with respect to the alleged offences, it cannot lead to an order for registration of an FIR and investigation on the accusation of commission of the offences alleged.
High Court January 2023| Revisiting bundle of stories on Live-in relationships; Motor Accident Claims; Trademarks; Yashraj Copyright’s case; Toxic work culture; Medical termination of pregnancy and more
The High Court Roundup brings a curated list of the top stories of the month to ensure that our readers do not miss out any important updates. This month’s roundup covers the stories Live-in relationships; Motor Accident Claims; medical treatment of HIV positive person; Trademarks; Yashraj Copy Rights case; problem of toxic work culture; termination of pregnancy of rape victims; Sexism not accessible, no means no; allowing Sikhs to carry Kirpans on flights….
Putting an End to “Ends” in India: Problems and Approaches
by Yogendra Kumar Srivastava† and Ankit Singh††
Only unmarried major daughter, unable to maintain herself, can claim maintenance under HAMA; Benefit not extended to all unmarried daughters: Kerala High Court
Kerala High Court denied the grant of maintenance to an unmarried Hindu major daughter as she could not prove any disability as required under Hindu Adoptions and Maintenance Act, 1956
25 Landmark Judgments on Constitutional Law by the Supreme Court in 2022 [Part II]
by Siddharth R. Gupta† and Sangam Ghorpade††
Cite as: 2023 SCC OnLine Blog Exp 7
“Fundamental Right to Speedy Trial has been violated”: Allahabad High Court quashes criminal proceedings in electricity theft case, pending for more than 18 years
The Right of speedy trial is a fundamental right, and its violation causes prejudice even to the accused person
Order rejecting Siddique Kappan’s discharge application is against law propounded by SC; Allahabad High Court remits the matter back to the Trial Court to decide afresh
If statute provides for anything to be done in a particular manner, then it must be done in that manner alone and not otherwise and thus, the impugned order rejecting Siddique Kappan's discharge application is against the law propounded by the Supreme Court
Allahabad High Court upholds orders passed by Sultanpur Court refusing Delhi CM Arvind Kejriwal’s application to quash criminal proceedings for making derogatory remarks against BJP and Congress
If during course of investigation some credible evidence have been collected, charge sheet has been filed, cognizance has been taken, discharge application has been rejected by the Trial Court by speaking and reasoned order and that order has been upheld by the Revisional Court, by a speaking and reasoned order, then Arvind Kejriwal must participate in the trial proceedings.
Investigating Agencies deserve reasonable time to conduct investigation, Supreme Court sets aside Madras HC order quashing a criminal proceeding in haste
The Supreme Court noticed that in the case at hand, without giving any reasonable time to the investigating agency to investigate the allegations in the FIR, the Madras High Court has, in haste, quashed the criminal proceedings.
[Chanda Kochhar Case] CBI Court allows addition of the charge of breach of trust in the FIR
The Special Judge of CBI Court reiterated that it is not necessary for the IO to seek prior permission of the Court for adding or deleting Sections , on the basis of material collected by him, and can intimate about it to the Court.
Explained| Can bail be cancelled on merit once the accused is released on default bail?
“The Courts have the power to cancel the bail and to examine the merits of the case in a case where the accused is released on default bail and released not on merits earlier. Such an interpretation would be in furtherance to the administration of justice.”
Allahabad High Court| Application of law should be the same for all, and no special treatment shall be given to any person depending upon his position, power and place in society
Allahabad High Court said that police personnel are not above the law and the application of law and legal provisions should be one and the same for all and no special treatment shall be given to them.
Delhi High Court acquits a man who faced trial for 15 long years without proper legal representation
Absence of cross-examination of witnesses resulted in gross miscarriage of justice. The omission of fair and proper trial is not only a violation of fundamental principles of judicial procedure and constitutional mandate but is also a violation of mandatory provisions of Section 304 CrPC