Category: Judgment Updates Series

Author: Advait Shukla Sachin s/o Namdeo Rathod & Ors. v. State of Maharashtra        Case No.: CRIMINAL APPEAL NO. 732 OF 2018) Date Of Reserving Judgment: 19th November, 2018. Date Of Pronouncing Judgment: 27th November, 2018. Coram:  T. V. Nalawade & Smt. Vibha Kankanwadi, Jj. Judgment Per: T.V. Nalawade, J. PRINCIPLES OF LAW DISCUSSED: It is … Continue reading Bombay High Court | Judgment Updates

Author: Abhishek Wadhawan 1. Dattubhai Kathubhai Padvi Vs. State of Gujarat Case No.: Criminal Appeal No. 340 Of 2014 Bench And Author: Dr. Justice A.P. Thaker Date: November 26, 2018 The relevant facts of the case are that the victim was hit by the accused severely on the chest subsequent to which the victim had to … Continue reading Gujarat High Court | Judgment Updates

There is nothing honourable in honour killings, and in fact they are nothing but were barbaric and shameful acts of murder committed by brutal, feudal minded persons who deserve harsh punishment.

It is settled position of law that the proceeding filed under Section 125 of the CrPC is summary proceeding wherein a strict proof of fact is not required like other criminal proceedings. The Court should get reasonable assurance from the evidence adduced by respondent wife that the marriage has taken place between the parties and she is the first legally wedded wife of the husband from whom she claims maintenance

“It is absolutely clear that instead of invoking the jurisdiction of this Court under Section 482 Cr.P.C, the petitioner was required to surrender before the learned trial Court and obtain bail. Once he had surrendered then obviously the standing warrants would be cancelled and he no longer would be an absconder. Therefore S. 482 petition is not maintainable.”

Dying declaration of a deceased is a good evidence to convict an accused after taking into consideration all the relevant circumstances surrounding the situation. In cases where two views are available before a Court, the Court must take the view that would result into the acquittal of the accused on the grounds of benefit of reasonable doubt.

Author: Vejayalakshmi Puli CALCUTTA HIGH COURT 1. Sankar Podder v. State Of West Bengal & Ors. Case No: C.R.R. 508 of 2017 Bench: Justice Asha Arora Date: November 28, 2018. The petitioner seeks to quash the chargesheet no. 110 of 2013 dated 31/5/2013 under Section 4D of the West Bengal Land Reforms Act 1955 pending before … Continue reading High Courts Update | Cal HC | P&H HC

Author: Advait Shukla. Himachal Pradesh High Court    1. State of Himachal v. Amar Nath        Case No. Criminal Appeal No. 27 of 2008) Date of Reserving Judgment: 19th November 2018 Date of Pronouncing Judgment: 21st November 2018 Coram: The Hon’ble Mr. Tarlok Singh Chauhan, J. Judgment By: The Hon’ble Mr. Tarlok Singh Chauhan, J. PRINCIPLES OF … Continue reading High Courts Updates | HP HC | Bom HC

If an accused is sentenced to undergo a rigorous imprisonment for a period of five years under Section 306, which provides for a maximum imprisonment of ten years, such a punishment need not be reduced in cases where the accused has committed an offence which cannot easily be forgiven.

Dependra Singh and Others vs. State of M.P; Rahul Dubey vs. State of M.P.; Pramod Kumar Batham Vs. State of M.P. & Ors; Raj Kumar v. State of U.P.; Shashi Pravesh Rai And Another vs State Of U.P; Arun Jana v. State of West Bengal; Neeraj Yadav v. State of Punjab