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Showing posts with the label CaseLaws

SUPREME COURT OF INDIA- Dismissal of application for quashing of criminal proceedings by High Court - Inherent powers do not confer any arbitrary jurisdiction on Court to act according to its whims and fancies.

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  SUPREME COURT OF INDIA Before:- Ajay Rastogi and Abhay S. Oka, JJ. Criminal Appeal Nos.200 of 2022 (Arising out of SLP(Crl.) Nos.8283 of 2021). D/d. 10.2.2022. Shafiya Khan @ Shakuntala Prajapati - Appellants Versus State of U.P. & Anr. - Respondents For the Appellants :- Mr. Gaurav, Advocate. For the Respondents :- Mr. Adarsh Upadhyay, Mr. Amit Singh, Mr. ajay Prajapati, Mr. Aman Pathak, Mr. Arvind Gupta, Advocates. IMPORTANT Dismissal of application for quashing of criminal proceedings by High Court - Inherent powers do not confer any arbitrary jurisdiction on Court to act according to its whims and fancies. Prohibition of Child Marriage Act, 2006, Section 3 - Criminal Procedure Code, 1973, Section  482  - Hindu Marriage Act, 1955 Section  5  - Criminal proceedings against sister-in-law by brother-in-law - Quashing of - Allegations against accused that she got married without any divorce from her previous husband and forgery committed...

SUPREME COURT: Death sentence imposed by Trial Court and confirmed by the High Court converted into life imprisonment.

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LATEST JUDGEMENT SUPREME COURT: Death sentence imposed by Trial Court and confirmed by the High Court converted into life imprisonment. The Supreme Court in the judgement dated 24.04.2020 in the case of  Arvind Singh Versus State of Maharashtra Criminal Appeal Nos. 640-641 OF 2016  directed against the judgement and order  passed by the High Court of Judicature at Bombay (Nagpur Bench) on 5th May, 2016 whereby the appeals filed by the appellants  against their conviction for  offences punishable under Section 364A read with Section 34 of  the Indian Penal Code, 1860  and Section 302 read with Section 34  IPC was dismissed by confirming the death sentence imposed upon  them by the learned Sessions Judge, Nagpur. The Supreme Court while considering all the circumstances and facts on record, opined that the present case falls short of the “rarest of rare” cases where a death sentence alone deserves to be awarded to the appellants.  The...

SUPREME COURT: GENUINENESS OF WILL- Principles governing the adjudicatory process concerning proof of a Will. (DOWNLOAD JUDGEMENT)

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LATEST JUDGEMENT SUPREME COURT: L egal principles applicable to the making of a testamentary document like Will, its proof, and its acceptance by the Court. The Supreme Court in the judgement dated 24.04.2020 in the case of Shivakumar & ors. Versus Sharanabasappa & ors. Civil Appeal No. 6076 OF 2009  while deciding the appeal challenging the judgement and decree dated 26.10.2007 passed by the High Court of Karnataka at Bangalore whereby, the High Court reversed the judgement and decree dated 12.09.2001 passed by the Court of Civil Judge (Senior Division), Koppal which essentially revolved around the question of genuineness of the Will in question.      The High Court observed while examining the basic contentions of the defendants that by its very nature, the Will appeared to be a fabricated document. After taking note of the discrepancies in the document itself and other unnatural circumstances as also after analysing the evidence of the star wit...

Latest Judgement: Supreme Court: NDPS ACT: Small quantity and commercial quantity, decision of SC in E. Micheal Raj case (2008) overruled.

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The Supreme Court of India in the Judgement of Hira Singh versus Union of India dated 22.04.2020 has overruled decision of the Supreme Court in the case of E. Micheal Raj v. Intelligence Officer, Narcotic Control Bureau (2008) 5 SCC 161  in which it was held that when any narcotic drug or psychotropic substance is found mixed with one or more neutral substance/s, for the purpose of imposition of punishment it is the content of the narcotic drug or psychotropic substance which shall be taken into consideration (paragraphs 15 and 19) DOWNLOAD FULL JUDGEMENT BELOW- (I). The decision of this Court in the case of E. Micheal Raj (Supra) taking the view that in the mixture of narcotic drugs or psychotropic substance with one or more neutral substance(s), the quantity of the neutral substance(s) is not to be taken into consideration while determining the small quantity or commercial quantity of a narcotic drug or psychotropic substance and only the actual content by weight of ...

Case Laws on Handwriting

Case Laws on Handwriting # 1. Murari Lal v. State of MP, AIR 1980 SC 531 In the said judgment Apex Court had discussed the entire case law relating to Handwriting Expert Evidence, thus relevant portions of the judgment are reproduced as under:- We will first consider the argument, a Stale argument often heard, particularly in criminal courts, that the opinion- evidence of a handwriting expert should not be acted upon without substantial corroboration. We shall presently point out how the argument cannot be justified on principle or precedent. We begin with the observation that the expert is no accomplice. There is no justification for condemning his opinion evidence to the same class of evidence as that of an accomplice and insist upon corroboration. True, it has occasionally been said on very high authority that it would be hazardous to base a conviction solely on the opinion of a handwriting expert. But, the hazard in accepting the opinion of any expert, handwriting expert or a...

आप सभी के लिए 125 सीआरपीसी के महत्वपूर्ण आदेशों की सूची Some most important Judgments related to 125 Cr.P.C.

👍 आप सभी के लिए 125 सीआरपीसी के महत्वपूर्ण आदेशों की सूची Some most important Judgments related to 125 Cr.P.C. 1. 125 CrPC cannot be filed twice, only 127 CrPC is allowed. (High Court Gujrat), Bench Hbl J. M. R. Shah, Order on 30-08-2011, Cr RA/69/2011 8/8, Revision Appeal No. 69 of 2011, Chauhan Anjanaben Jayantibhai Vs Chauhan Kanaiyalal Mohanlal.(Chauhan vs Chauhan) 2. No Multiple maintenances are allowed. (High Court Gujrat), Bench Hbl J. Akhil Kureshi, order on 21-10-2010, Special Appeal No. 2080 of 2010, SCR. A/2080/2010, 2/2, Hemlataben Maheshbhai Chauhan Vs State of Gujarat. 3. Multiple petitions of maintenance are not allowed. (High Court Delhi), Hbl J. Shiv Narayan Dhingra, order on 30-08-10, Crl. M. C. No. 130/2010 a...