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Criminal Procedure Code
criminal law digest
Bhagirathi Mahapatra v. State of Orissa S. 438- Bail- Anticipatory bail can be granted only by the High Court or a Court of Sessions and the grant is confined only to..
criminal law digest
Narayan Singh v. State of M.P Section 438- In the matter of exercising discretion of anticipatory bail under Section 438, Cr. P.C. the persons who fall in the category of
Sheik Kashim Bi v. StateThe filing of a charge –sheet by the police and issuing of a warrant by the Magistrate do not put end to the power to grant
Puran Singh v. Ajit SinghThe section makes no distinction whether the arrest is apprehended at the hands of the police or at the instance of the Magistrate
Jodha Ram v. State of RajasthanSection 438-Jurisdiction- The Court within whose jurisdiction a person apprehends his arrest for a non-bailable offence has jurisdiction to grant
Indu Bala v. Delhi AdminstrationSection 438-Counsel for the complainant has no right to be heard the petition for anticipatory bail. He can brief the State Counsel
Gurbaksh Singh Sibbia v. State of PunjabBail- The Court may, if there are reasons for doing solicit the operation of the order to a short period until after the filing of……
Avinash Arora and Ors. v. State of U.T. Chandigarh and Anr. Bail-Court committed error in passing the conditional order of depositing Rs. 10 Crore for grant of anticipatory bail……
State of Punjab Vs. Raninder Singh and Anr. It may be mentioned here that Section 438(2)(i) of the Code of Criminal Procedure is very clear that while granting
Naresh Kumar Yadav Vs. Ravindra Kumar and Ors.The facility which Section 438 of the Code gives is generally referred to as 'anticipatory bail'. This expression which was
Salauddin Abdulsamad Shaikh v. State of MaharashtraAnticipatory bail is granted in anticipation of arrest in non-bailable cases, but that does not mean that the regular court,
Sohan Lal Juneja and Ors. Vs. State of PunjabBecause of non-deposite of amount ordered by High court the interim protection denied
State of U.P v. Amarmani TripathiCancellation of bail- The condition laid down under Section 437 (1) (i) is sine qua non for granting bail even under Section 439 of the Code
Panchanan Mishra v. Digambar MishraThe object underlying the cancellation of bail is to protect the fair trial and secure justice begin done to the society by..
Som Mittal v. Govt. of KarnatkaS. 482 - In a catena of decisions this Court has deprecated the interference by the high Court in exercise of its inherent
State of Bihar v. J.A.C. SaldanhaSection 482- The high Court in exercise of the extraordinary jurisdiction committed a grave error by making observations on seriously disputed questions of facts
Hazari Lal Gupta v. Rameshwar Pd. Section 482- In exercising jurisdiction under Section 561-A (of old code) of Criminal Procedure Code, the High Court can quash proceedings
Kurukshetra University v. state of Haryana Section 482- it surprises us in the extreme that the High Court thought that in the exercise of its inherent powers under Section 482 of the
Sate of Bihar v. Murad Ali Khan The jurisdiction under Section 482 of the Code has to be exercised sparingly and with circumspection and has given the
Sate of Haryana & ors v. Bhajan Lal & Ors. The Hon'ble Supreme Court given illustrations where in the inherent power under Section 482 of the Code should be exercised by the High Court
Pritam Singh vs. State of PunjabSection 438- Jurisdiction of the Court - FIR registered at Ludhiana under offences 420, 406 and 411, IPC, -480 books of “Sachi Sakhi’ alleged to have been printed…
Evidence Act
Smt. Shakunala vs. State of Haryana S. 32 -Evidence Act- Though a dying declaration is entitled to great weight, it is worthwhile to note that the accused has no power of cross-examination. Such a power…
Ravi v. State of T.N Section 32 Evidence Act - Dying declaration - If the truthfulness of the dying declaration can not be doubted, the same
Muthu Kutty v. State Section 32- Though a dying declaration is entitled to grate wait, it is worthwhile to note that the accused has no power of cross….
Indian Penal code
Bishan Singh & Anr V. state Section 308 - Before an accused can be held to be guilty under Section 308 IPC, it was necessary to arrive at a finding that the ingredients
Chinta Phulaa Reddy V. State of A.P Section 34 is applicable even if no injury has been caused by the particular accused himself
Ashok Kumar v. State of Punjab Section 34-The existence of common intention amongst participants in a crime is the essential element for application of this section.
Grija Shankar vs. State of U.P Section 307- To justify a conviction under this section, it is not essential that bodily injury capable of causing death should have been
Sachin Jana and Anr. v. Sate of West Bengal Section 34 has been enacted on principle of joint liability in the doing of a criminal act, the section is only a rule of evidence and does not create a substantive offence. The distinctive…


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