Challenges in Counter-Cases
by Dr Sanjith S.† and Dr S. Balachandran†
IPC
Grant of interim bail does not obviate regular bail; Delhi High Court denies bail to UP Police official and RPF constable for committing murder of LIC agent
Delhi High Court: In an application filed by the applicant who is a UP Police official, charged under Section 302,
Whether pleading guilty in the statement recorded under Section 313 CrPC sufficient for conviction or not? Allahabad High Court answers
Allahabad High Court: Samit Gopal, J. acquitted the appellant of the charges leveled against him of Section 307 of Penal
2022 SCC Vol. 7 Part 4
Constitution of India — Arts. 300-A and 31 — Expropriation of private property by State — Compensation — Entitlement: State
Confessions made to Additional SP under Section 12 MCOCA not inadmissible; rank of SP includes SP, Additional SP, DCP: SC
“A difference in the seniority of a particular officer is not the same as a difference in their ranks.”
2022 SCC Vol. 7 Part 3
Advocates Act, 1961 — S. 16 — Procedure for designation of Senior Advocates: Clarification of Guidelines prescribed for Supreme Court
The Law of Weights, Measures and their Declaration on Products
by Samir Malik† and Mahip Singh Sikarwar††
Supreme Court sets aside Madhya Pradesh HC’s “utterly incomprehensible” judgment discharging accused in a minor’s rape case for delay in filing FIR
“The facts of this litigation are quite heart-breaking and at the same time, more disturbing is the utterly incomprehensible impugned judgment of the High Court discharging the accused of the offence of rape essentially on the ground of delay in the registration of the FIR.”
Unexplained delay in filing FIR; Accused’s old age and physical disability; Victim’s “sexually provocative” dress, inter alia, lead to Kerala Court granting bail to Malayali writer Civic Chandran
Court of Sessions, Kozhikode: In an interesting case, S. Krishna Kumar, Sessions Judge granted bail to 74 years old Malayali
Can accused be tried under NI Act as well as under IPC on similar set of allegations or will it amount to double jeopardy? Larger SC bench to decide
Supreme Court: The bench of SA Nazeer and JK Maheshwari*, JJ has called upon a larger bench to decide if on similar
Andhra Pradesh High Court | Mere allegations of pressure or harassment at workplace will not suffice to attract ingredients of S. 306 IPC; Proof of instigation and abetment is necessary
Andhra Pradesh High Court: Subba Reddy Satti J. granted anticipatory bail to the Chief Executing Officer (applicant-accused) as on perusal
Charge-sheet and documents adduced prima facie point towards guilt; Allahabad High Court denies bail to journalist Siddique Kappan [Hathras gang-rape row]
Allahabad High Court: Krishan Pahal, J. dismissed the bail application of Siddique Kappan, the journalist who was arrested along with three others
Allahabad High Court | Irony and tragedy of the Indian republic that criminals like Mukhtar Ansari are the law-makers; Former UP MLA denied bail
Allahabad High Court: Dinesh Kumar Singh, J. rejected the bail application of former UP MLA Mukhtar Ansari who was arrested under Sections
Jharkhand High Court | Upheld the decision of trial court; Accused convicted for dowry death
Jharkhand High Court: Navneet Kumar, J., upheld the conviction of the appellant- accused guilty of killing his wife within a few years
No straitjacket formula for determining whether the consent was given under a misconception of fact or not; Tis Hazari Court grants anticipatory bail
Tis Hazari Court, Delhi: While deciding a bail application, Kamini Lau, J. granted anticipatory in a case where the complainant-girl was a
Whether concurrent prosecutions under S. 138, NI Act and S. 420, IPC, will amount to double jeopardy? J&K and Ladakh HC analyses
Jammu and Kashmir and Ladakh High Court: While deciding the instant petitions, the question that came up before that Court
Delhi High Court grants Bail to a rape accused in view of the prosecutrix’s deposition as per the requisites of S. 164 CrPC
Delhi High Court: The Single Judge Bench of Yogesh Khanna, J., ordered the release of a 27-year-old accused of rape on bail,
Madras High Court deprecates the practice of implicating Advocates as accused along with their clients for offences allegedly committed by clients
Advocates, in addition to being professionals, are also officers of the courts and play a vital role in the administration of justice.
Can Court direct a husband to surrender as a condition for pre-arrest bail of his wife? Supreme Court decides
Supreme Court: In an interesting case the Vacation Bench comprising Dinesh Maheshwari and Krishna Murari, JJ., disapproved a strange bail condition imposed