Category: Cr P C

(CrPC) – Ss 320, 320(2) &320(5) – (IPC) – S 324 – Custodial Death – A case where the accused who were police officers, one of them being in-charge of Station and other Senior Inspector have themselves brutally beaten the deceased, who died the same night – Their offences cannot be compounded by the Court in exercise of Section 320(2) read with sub-section (5).

SUPREME COURT OF INDIA DIVISION BENCH PRAVAT CHANDRA MOHANTY — Appellant Vs. THE STATE OF ODISHA AND ANOTHER — Respondent ( Before : Ashok Bhushan and Ajay Rastogi, JJ. )…

PMLA – Search and seizure – If a statute provides for a thing to be done in a particular manner, then it has to be done in that manner and in no other manner – Authorised Officer is vested with sufficient power; such power is circumscribed by a procedure laid down under the statute – As such the power is to be exercised in that manner alone,

SUPREME COURT OF INDIA FULL BENCH OPTO CIRCUIT INDIA LIMITED — Appellant Vs. AXIS BANK AND OTHERS — Respondent ( Before : S.A. Bobde, CJI., A.S. Bopanna and V. Ramasubramanian,…

(CrPC) – S 319 – Summoning order – Power under Section 319 CrPC is a discretionary and an extraordinary power – It is to be exercised sparingly and only in those cases where the circumstances of the case so warrant – It is not to be exercised because the Magistrate or the Sessions Judge is of the opinion that some other person may also be guilty of committing that offence

(2021) 2 SCALE 221 SUPREME COURT OF INDIA FULL BENCH AJAY KUMAR @ BITTU AND ANOTHER — Appellant Vs. STATE OF UTTARAKHAND AND ANOTHER — Respondent ( Before : Ashok…

Criminal Procedure Code, 1973 (CrPC) – Sections 357 and 357-A – Victim compensation – Petitioners contends that both the provisions which appear to have been relied upon in the impugned order i.e. Sections 357 and 357-A of the Criminal Procedure Code would apply only at the stage of conviction and not at the stage of grant of bail so far as payment of compensation to the victims are concerned – This Court would like to examine the issue

SUPREME COURT OF INDIA FULL BENCH DHARMESH @ DHARMENDRA @ DHAMO JAGDISHBHAI @ JAGABHAI BHAGUBHAI RATADIA AND ANOTHER — Appellant Vs. THE STATE OF GUJARAT — Respondent ( Before :…

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