Search Results for "Criminal Revision"

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Supreme Court Allows Indian Railways' Appeals, Upholds Its Status as Deemed Dist...
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Search Results for "Criminal Revision"

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Supreme Court

Supreme Court Allows Appeal of Muslim Divorced Woman in Maintenance Case — Family Court Has Jurisdiction Under Muslim Women (Protection of Rights on Divorce) Act, 1986. High Court erred in holding that Family Court lacks jurisdiction to entertain application under Section 3 of the Act.

18 Jun 2020

The appeal arose from a judgment of the Rajasthan High Court which set aside an order of the Family Court granting maintenance to a Muslim divorced wo...

Supreme Court

Supreme Court Sets Aside Revisional Order Passed Without Hearing Accused in Complaint Case — Right of Hearing Under Section 401(2) CrPC Upheld. The Court held that the accused is entitled to be heard in a revision against dismissal of complaint under Section 203 CrPC, and the revisional court cannot direct further inquiry without hearing the accused.

18 Jun 2020

The appellant, Subhash Sahebrao Deshmukh, was an accused in a complaint case filed by respondent no.1, Satish Atmaram Talekar, before the Special Metr...

Supreme Court

Supreme Court Allows Default Bail Under Section 167(2) CrPC Despite COVID-19 Pandemic — Order Dated 23.03.2020 Does Not Extend Period for Filing Charge Sheet. The right to default bail is indefeasible and cannot be frustrated by the prosecution's failure to file charge sheet within the statutory period.

16 Jun 2020

The appellant, S. Kasi, was arrested on 21.02.2020 in Crime No.495 of 2015 under Sections 457, 380, 457(2), 380(2), 411(2), and 414(2) IPC. He was lod...

Supreme Court

Supreme Court Allows State Appeal, Holds Trustee of Deemed University as Public Servant Under PC Act. Interpretation of 'University' in Section 2(c)(xi) of Prevention of Corruption Act, 1988 includes Deemed Universities.

27 Apr 2020

The Supreme Court allowed the appeal filed by the State of Gujarat against the judgment of the Gujarat High Court which had discharged the respondent,...

Supreme Court

Supreme Court Dismisses Convict's Challenge to Rejection of Mercy Petition in Nirbhaya Case — No Ground for Judicial Review Found. The court held that the plea of juvenility had been finally determined by courts and that allegations of torture and lack of common intention were not grounds for judicial review of the President's order under Article 72.

20 Mar 2020

The Supreme Court dismissed a writ petition filed under Article 32 of the Constitution by Pawan Kumar Gupta, a convict in the 2012 Nirbhaya gang rape ...

Supreme Court

Supreme Court Dismisses Convict's Writ Petition in Nirbhaya Gang Rape Case — No Ground for Reconsideration After Multiple Dismissals. The Court held that after exhaustive judicial scrutiny through appeals, review, curative petition, and mercy petition, no further intervention under Article 32 is warranted.

19 Mar 2020

The petitioner, Mukesh, a convict in the Nirbhaya gang rape case, filed a writ petition under Article 32 of the Constitution of India before the Supre...

Supreme Court

Supreme Court Allows Appeal Against High Court Order Upholding Family Court's Recall of Maintenance Order Under Section 125 CrPC. The Court held that the Family Court lacked jurisdiction to recall its final order disposing of the maintenance petition, as Section 362 CrPC prohibits alteration or review of a judgment except for clerical or arithmetical errors.

19 Feb 2020

The case involves a matrimonial dispute where the appellant husband, Sanjeev Kapoor, was married to respondent No.1, Chandana Kapoor, on 04.11.1998. T...

Supreme Court

Supreme Court Allows Maintenance to Wife in Second Marriage Despite Pendency of Appeal Against Divorce Decree — Marriage Not Void Under Hindu Marriage Act When No Stay on Decree. The Court held that Section 125 CrPC maintenance cannot be denied solely on the ground that the marriage was solemnized during the pendency of an appeal against a divorce decree, as the earlier marriage stood dissolved and the second marriage did not contravene Section 5(i) of the Hindu Marriage Act.

14 Feb 2020

The appeal arises from a judgment of the Telangana High Court dismissing the appellant's criminal revision against the rejection of her maintenance ap...

Supreme Court

Supreme Court Dismisses Death-Row Convict's Challenge to Rejection of Mercy Petition in Nirbhaya Gang Rape Case. President's Power Under Article 72 is Constitutional Duty Subject to Limited Judicial Review; No Grounds for Interference Established.

14 Feb 2020

The petitioner, Vinay Sharma, a death-row convict in the Nirbhaya gang rape case, filed a writ petition under Article 32 of the Constitution challengi...

Supreme Court

Supreme Court Quashes Second FIR in Forgery Case Due to Double Jeopardy — Acquittal in First FIR Bars Retrial on Same General Power of Attorney. The Court held that the substratum of both FIRs being the same, the subsequent prosecution under Sections 467, 468, 471 IPC is barred under Section 300 CrPC.

7 Feb 2020

The Supreme Court allowed the appeal of Prem Chand Singh against the State of Uttar Pradesh and another, setting aside the orders rejecting his discha...

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