Category: CBI

Constitution of India, 1950 – Article 13(2) – Delhi Special Police Establishment Act, 1946 – Section 6A – the declaration made by the Constitution Bench in the case of Subramanian Swamy vs. Director, Central Bureau of Investigation and another, (2014) 8 SCC 682, will have retrospective operation – Section 6A of the DSPE Act is held to be not in force from the date of its insertion i.e. 11.09.2003.

SUPREME COURT OF INDIA FULL BENCH CBI — Appellant Vs. R.R. KISHORE — Respondent ( Before : Sanjay Kishan Kaul, Sanjiv Khanna, Abhay S. Oka, Vikram Nath and J.K. Maheshwari,…

Murder – Acquittal – circumstances found proved do not constitute a chain so far complete as to indicate that in all human probability it were the accused persons and no one else who committed the crime – In such a situation, there was no option for the trial court but to extend the benefit of doubt to the accused – Order of acquittal upheld – Appeal dismissed.

SUPREME COURT OF INDIA DIVISION BENCH CENTRAL BUREAU OF INVESTIGATION — Appellant Vs. SHYAM BIHARI AND OTHERS — Respondent ( Before : B. V. Nagarathna and Manoj Misra, JJ. )…

(CrPC) – Section 306(4)(a) – Prevention of Corruption Act, 1988 – Section 5(2) – In cases where the Special Court decides to proceed with a case under Section 5(2) of the Prevention of Corruption Act, there is no need to consider the requirement of the approver being examined as a witness in the Magistrate’s Court according to Section 306(4)(a).

SUPREME COURT OF INDIA DIVISION BENCH A. SRINIVASULU — Appellant Vs. THE STATE REP. BY THE INSPECTOR OF POLICE — Respondent ( Before : V. Ramasubramanian and Pankaj Mithal, JJ.…

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