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Criminal Law

  • Guidelines for Habeas Corpus Petitions (Family/Partners/LGBTQ+): Supreme Court

    Supreme Court guidelines for cases dealing with habeas corpus petitions and in petitions seeking protection from family or police interference or petitions for police protection. 1. What is Habeas Corpus: Writ Jurisdiction The writ of habeas corpus (Latin: “you should have the body”) is a powerful judicial remedy that mandates the production of a detained […]

  • SC on 4-Steps to Quash FIR: Section 482 CrPC

    The Supreme Court of India in Rajiv Thapar & Ors vs Madan Lal Kapoor 2013 (3) SCC 330 observed as under- “21. The High Court, in exercise of its jurisdiction under Section 482 of the Cr.P.C., must make a just and rightful choice. This is not a stage of evaluating the truthfulness or otherwise of […]

  • 498A – Advocates Have Social Responsibility: Supreme Court

    In Preeti Gupta vs. State of Jharkhand (2010) 7 SCC 667, the Supreme Court observed- “30. It is a matter of common experience that most of these complaints under section 498-A IPC are filed in the heat of the moment over trivial issues without proper deliberations. We come across a large number of such complaints […]

  • Misuse of Adjournments: Supreme Court Judgments

    Misuse of Adjournments or prayers for repeated adjournments is Abuse of Process of the Court and has significant legal consequences. 1. What is an Adjournment? Adjournment refers to the postponement or suspension of a court hearing or proceeding to a later date. This can happen in civil, criminal, or other types of legal cases. Adjournments […]

  • Presumption of Innocence is a Human Right

    The appellate court should not interfere with the acquittal order passed by the trial court merely because two views are possible in a given case. “38. It is a well-established principle of law, consistently re-iterated and followed by this Court is that while dealing with a judgment of acquittal, an appellate court must consider the […]

  • Supreme Court on Public Prosecutors – Judgments

    Landmark Judgments of Supreme Court on role of Public Prosecutors in Judicial System. Who is a Public Prosecutor? What are the Powers of a Public Prosecutor? Responsibilities of a Public Prosecutor? Can a Public Prosecutor withdraw a criminal case? Answers to these and many more questions would be found here… 1. Introduction – Who is […]

  • Supreme Court on Case Diary – Judgments

    Case Diary is an important tool in the criminal investigation process, ensuring that all actions taken by the police are documented and are open to scrutiny by police and the courts. 1. What is a Case Diary? A Case Diary refers to the record maintained by the police during the investigation of a criminal case. […]

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