Search Results for "Magistrate"

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Supreme Court

Supreme Court Quashes Bail Condition Requiring Compensation Deposit in IPC Case - High Court's condition for deposit of Rs.2 lakh each as compensation to victims set aside as no provision under CrPC allows compensation as bail condition. Compensation under Section 357 CrPC can only be ordered after conviction and sentence, not at bail stage, and appellants granted bail on parity with other accused with modified conditions.

7 Jul 2021

The Supreme Court addressed a criminal appeal arising from a Special Leave Petition concerning bail conditions imposed by the High Court. The appellan...

Supreme Court

Supreme Court Directs Governments to Provide Ex Gratia Compensation for Covid-19 Deaths Under Disaster Management Act. The court held that Section 12 of the Disaster Management Act, 2005 imposes a mandatory obligation to recommend guidelines for ex gratia assistance, and financial constraints cannot override statutory and constitutional duties under Article 21 of the Constitution.

30 Jun 2021

The Supreme Court of India heard two writ petitions filed in public interest by Reepak Kansal and Gaurav Kumar Bansal against the Union of India and o...

Supreme Court

Supreme Court Partly Allows Appeal in Criminal Case, Modifying Sentence to Fine After 26 Years. Conviction Under Sections 279 and 338 IPC Affirmed, but Imprisonment Substituted with Fine Based on Lapse of Time and Precedent, Citing Harshness of Incarceration After Long Delay.

30 Jun 2021

The appeal arose from a criminal case where the appellant, a bus driver, was convicted for offences under Sections 279, 337, and 338 of the Indian Pen...

Supreme Court

Supreme Court Quashes Conviction in Kidnapping for Ransom Case Due to Non-Proving of Essential Ingredients. The Court held that Section 364A IPC requires proof of threat to cause death or hurt or conduct giving rise to reasonable apprehension, which was not established by the prosecution, leading to acquittal.

28 Jun 2021

The appeal arose from a criminal case where the accused was convicted under Section 364A of the Indian Penal Code, 1860, for kidnapping a school stude...

Supreme Court

Supreme Court Quashes High Court's Protective Order in Anticipatory Bail Dismissal - No Power to Grant Protection After Rejection Under Section 438 CrPC. The Court held that once anticipatory bail is rejected, the High Court cannot grant any protection from arrest as the proviso to Section 438(1) of the Code of Criminal Procedure, 1973 explicitly permits arrest, and no inherent power exists for such relief.

28 May 2021

The Supreme Court addressed criminal appeals arising from special leave petitions filed by complainants aggrieved by High Court orders. The background...

Supreme Court

Supreme Court Modifies Sentence in Kidnapping and Rape Case by Ordering Concurrent Running of Sentences. Appellants Convicted Under Sections 363, 366, and 376(1) IPC for Offences Against a Minor, with Sentences Reduced from 22 Years to 10 Years Due to Omission in Sentencing Order and Single Transaction Principle.

25 May 2021

The Supreme Court addressed a criminal appeal concerning the sentencing of appellants convicted for offences under Sections 363, 366, and 376(1) of th...

Supreme Court

Supreme Court Dismisses Transfer Petition in Criminal Trademark Case Due to Insufficient Grounds and Substantial Progress in Trial. Overlapping Issues with Civil Suits and Convenience Arguments Fail to Justify Transfer Under Section 406 of Code of Criminal Procedure, 1973, as Criminal Proceeding Would Remain Before Magistrate, Not High Court.

7 May 2021

The dispute originated from a criminal complaint filed by Sabu Trade Private Limited against Rajkumar Sabu under Section 156(3) of the Code of Crimina...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Accused in IPC Sections 504 and 506 Case Due to Abuse of Process of Law. High Court's dismissal of revision petition was set aside as it failed to consider abuse of process, and proceedings were quashed under inherent powers under Section 482 CrPC based on unfair investigation and dubious complainant credentials.

7 May 2021

The appeal arose from a criminal case where the appellant, a partner in a gas agency, was accused under Sections 504 and 506 of the Indian Penal Code,...

Supreme Court

Supreme Court Allows Appeals and Restores Acquittal in Murder Case Due to Doubtful Dying Declaration and Improper Appellate Review. The Court held that a dying declaration cannot be the sole basis for conviction if shrouded with doubtful circumstances, and the High Court failed to give cogent reasons while reversing acquittal under Section 378 of the Code of Criminal Procedure, 1973.

7 May 2021

The dispute involved criminal appeals against a High Court judgment that reversed the trial court's acquittal and convicted the appellants for murder ...

Supreme Court

Supreme Court Allows Appeal of Accused in Murder Case, Restoring Acquittal Due to Unjustified Interference by High Court. High Court's Reversal of Acquittal Under Section 302 read with Section 34 IPC Set Aside as Trial Court's View Was Plausible and Not Perse Under Principles of Section 378 Cr.P.C.

6 May 2021

The dispute arose from a criminal appeal before the Supreme Court of India, where the appellant, an accused in a murder case, challenged the High Cour...

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