Criminal Law

Surender Kaushik and Ors v. State of Uttar Pradesh and Ors

A person should not be vexed twice. Case name: Surender Kaushik and Ors v. State of Uttar Pradesh and Ors Case number/Citation: Criminal Appeal No. 305 Of 2013 Court: Supreme Court of India Criminal Appellate Jurisdiction Bench: HON’BLE MR. JUSTICE K.S. RADHAKRISHNAN HON’BLE MR. JUSTICE DIPAK MISRA Decided on: February 02, 2013 Relevant Act/Sections: Section …

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LALYA V/S THE COMMISSIONER OF POLICE AND ORS.

Detention is based not on facts proved as per Evidence Act or Cr.P.C. but on the subjective satisfaction of the detaining authority that detention is necessary for prevention of prejudicial activities in future Case name: Lalya  vs.  The Commissioner of Police and Ors. Case number: Criminal Writ Petition No. 4838 of 2015 Court: The high …

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PARKASH SINGH BADAL AND ANR V/S STATE OF PUNJAB AND ORS

Factually conceded that the expression “notwithstanding the jurisdiction of other Special Judges in the State of Punjab” is not necessary Case name: Parkash Singh Badal and Anr V/S State of Punjab and Ors Case number: Civil appeal number-5636 of 2006 Court: The supreme court of india Bench: JUSTICE DR. ARJIT PASAYAT, JUSTICE S.H. KAPADIA Decided …

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State of Punjab vs. Dalbir Singh

“A law which is not consistent with notions of fairness while it imposes an irreversible penalty like ‘death penalty’ is repugnant to the concept of right and reason.” Case name: State of Punjab vs. Dalbir Singh Case number: CRIMINAL APPEAL NO.117 OF 2006 Court: SUPREME COURT OF INDIA Crl. Appellate Jurisdiction Bench: Asok Kumar Ganguly …

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Bhagwan Jagannath Markad&Ors Vs State of Maharashtra

“The principle of criminal jurisprudence that the burden of proof is always on the prosecution and the accused is presumed to be innocent unless proven guilty.” Case name: Criminal Appeal No. 1516 of 2011 Case number: Supreme Court of India Court: Supreme Court of India Bench: Shri Justice V. Gopala Gowda Shri Justice Adarsh Kumar …

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JOSEPH SHINE V/S UNION OF INDIA

“The Harm Principle states three elements for criminalization namely, HARM, WRONG DOING AND PUBLIC ELEMENT. These elements are required to be proved before the State can classify a wrongful act as a criminal offence”  [Case Brief] JOSEPH SHINE V/S UNION OF INDIA Case name: Joseph shine V/S Union of india Case number: Criminal appeal number-194 …

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State of Maharashtra V/S Syed Umar Sayed Abbas & Ors

Test Identification parade must be conducted within reasonable time span from the commission of crime Case name: State Of Maharashtra V/S Syed Umar Sayed Abbas & Ors. Citation: Criminal Appeal Nos. 345-346 Of 2012 Court: Supreme Court of India Criminal Appellate Jurisdiction Bench: Hon’ble Justice Pinaki Chandra Ghose Hon’ble Justice R. K Agrawal Decided on: …

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Naresh Shridhar Mirajkar And Ors V/s State Of Maharashtra And Anr

A Court of justice is a public forum. It is through publicity that the citizens are convinced that the Court renders evenhanded justice, and it is, therefore, necessary that the trial should be open to the public and there should be no restraint on the publication of the report of the Court proceedings Case name: …

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