“Death was not pre-meditated”; Allahabad High Court modifies conviction under Section 302 IPC into Section 304 IPC
Allahabad high Court: In an appeal filed against the judgment and order passed by Sessions Judge, convicting and sentencing the
SC & ST Act
Allahabad High Court points out trend of compromise after receiving the compensation from the State; Suggests disbursement only after conviction
Allahabad High Court: Dinesh Kumar Singh, J. in the present case took opportunity to point out a trend that in large number
SC-ST Act is prospective or retrospective? Kar HC quashes criminal proceedings for offences committed in the year 1975
Karnataka High Court: Krishna S Dixit J. quashes the criminal proceedings as the SC-ST act is not retrospective in nature. The petitioners
Explained| Can proceeding under SC/ST Act be quashed on the basis of compromise between accused and victim?
The Courts ought to be vigilant to ensure that the complainant-victim has entered into the compromise on the volition of his/her free will and not on account of any duress. If the Courts find even a hint of compulsion or force, no relief can be given to the accused party.
Telangana HC | Is the power to take cognizance of an offence under SC & ST (Prevention of Atrocities) Act, 1989 vested with Magistrate or is there a Special Court for the purpose? Court answers in light of SC decisions
Telangana High Court: P. Naveen Rao, J., discussed and reiterated the scope of The Scheduled Castes and the Scheduled Tribes (Prevention of
Ker HC | No writ of mandamus can be issued to direct the legislature to enact any law; Court upholds validity of State Commission for SC/ST Act
Kerala High Court: A Division Bench of S. Manikumar and Shaji P. Chaly, JJ., while deciding the Constitutional validity of the Kerala
Bom HC | POCSO Act overrides S. 14-A of SC/ST Act: Court while granting bail to applicant accused of sexual assault/rape on minor victim belonging to scheduled caste
Bombay High Court: Bharati Dangre, J., allowed a bail application and granted bail to the applicant who was accused of committing the
P&H HC | No offence constituted under SC/ST Act where abusive language in the name of caste used over phone call: Criminal proceedings against accused quashed
Punjab and Haryana High Court: Harnaresh Singh Gill, J.,quashed the criminal proceedings against the appellant accused of using abusive language against the complainant
Madras HC | In view of possible ‘misuse of pious intention of Parliament’, consideration of bail application in case under SC/ST Act directed on the same day of surrender
Madras High Court: G.K. Ilanthiraiyan, J., allowed a criminal original petition filed by petitioner accused under the Scheduled Castes and Scheduled Tribes (Prevention of
Bom HC | S.18 of SC/ST Act doesn’t statutorily bar High Court from considering anticipatory bail application under S. 438 CrPC
Bombay High Court: K.K. Sonawane, J., while reversing the judgment passed by Additional Sessions Judge, allowed pre-arrest bail applications of appellants filed under
Guj HC | Bail granted to accused booked under SC/ST Act since substantial investigation was over and no other offence was registered
Gujarat High Court: The Bench of S.H. Vora, J. allowed an appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes
Provisions of SC/ST Act not applicable where FIR does not mention that applicant does not belong to SC/ST
Uttaranchal High Court: A Single Judge Bench comprising of Narayan Singh Dhanik, J. partly allowed a petition as a prima facie case
Patna HC grants bail to person accused under SC/ST Act lingering in police custody since 11 years on the ground of delay in conclusion of trial
Patna High Court: A Single Judge Bench comprising of Birendra Kumar, J. granted bail to a person accused under the Scheduled Castes
Patna HC grants anticipatory bail to a person apprehending arrest under SC/ST Act noting inconsistencies in statements recorded in FIR and case diary
Patna High Court: A Single judge bench comprising of Birendra Kumar, J. allowed the plea for anticipatory bail of a person apprehending
SC/ST Verdict: Review petition should be referred to larger bench: Centre tells SC
Supreme Court: Attorney General KK Venugopal, seeking stay on the Supreme Court order on the SC/ST Act, said that the Court cannot make
Arrest under SC & ST Act, 1989 must be made with prior approval of SSP concerned, and only after recording reasons of arrest in writing
Madhya Pradesh High Court: While disposing off the present appeal wherein the appellant was charged under Section 3(2)(va) and 3(1)(d) of Scheduled