The Complete Supreme Court Annual Digest- 2023 [Part-VIII]

Criminal Law High Courts while exercising Section 482 Cr.P.C. power legally bound to see if accusations constitute any offence. Abhishek Saxena v. State of Uttar Pradesh, 2023 LiveLaw (SC) 1072 No adverse inference against prosecution merely because witnesses are withheld. Maheshwari Yadav v. State of Bihar, 2023 LiveLaw (SC) 1063 Delay in filing fir not satisfactorily explained could be fatal to prosecution case. Sekaran v. State of Tamil Nadu, 2023 LiveLaw (SC) 1052 Mere absconding by accused and remaining untraceable for long can't establish guilt. Sekaran v. State of Tamil Nadu, 2023 LiveLaw (SC) 1052 Section 498A IPC - One trivial instance not sufficient for 'cruelty': Supreme Court quashes case against husband's sisters and cousins. Mahalakshmi v. State of Karnataka, 2023 LiveLaw (SC) 1041 Supreme Court restores cheating case against fugitive Mehul Choksi and wife; says Gujarat High Court erred in quashing FIR. Digvijaysinh Himmatsinh Jadeja v. State of Gujarat, 2023 LiveLaw (SC) 1039 A wrong may be civil wrong, or in a given case be a civil wrong and equally constitute a criminal offence. Digvijaysinh Himmatsinh Jadeja v. State of Gujarat, 2023 LiveLaw (SC) 1039 Court not obligated to frame charges if offences are not made out from admitted evidence of prosecution. Shashikant Sharma v. State of Uttar Pradesh, 2023 LiveLaw (SC) 1037 Section 34 IPC - Common intention doesn't mean prior agreement, it can be formed even a minute before the incident. Ram Naresh v. State of U.P., 2023 LiveLaw (SC) 1036 : (2024) 1 SCC 443 : 2024 Cri LJ 628 Abetment of Suicide - Instigation must be in close proximity to suicide: supreme court quashes case under Section 306 IPC. Mohit Singhal v. State of Uttarakhand, 2023 LiveLaw (SC) 1035 : (2024) 1 SCC 417: 2024 Cri LJ 679 Section 307 IPC - 'Simple injuries, no repeated or severe blows': Supreme Court overturns conviction for attempt to murder. Sivamani v. State, 2023 LiveLaw (SC) 1024 The Supreme Court doubts precedent which limited the High court's scope in deciding discharge applications. Vishnu Kumar Shukla v. State of Uttar Pradesh, 2023 LiveLaw (SC) 1019 : AIR 2024 SC 90 High Courts have a duty to quash vexatious criminal prosecutions. Vishnu Kumar Shukla v. State of Uttar Pradesh, 2023 LiveLaw (SC) 1019 : AIR 2024 SC 90 No expert opinion produced to show if adulterated mixture was sold instead of petrol & diesel : Supreme Court quashes chargesheet. Suresh v. State of M.P., 2023 LiveLaw (SC) 1017 Splitting of trial under Section 317(2) of Cr.P.C. can't be done when further investigation has already been ordered. S. Mujibar Rahman v. State, 2023 LiveLaw (SC) 1016 FIRs in multiple states can't be clubbed when offences under state enactments are also involved. Amandeep Singh Sran v. State of Delhi, 2023 LiveLaw (SC) 1012 Courts where the wife takes shelter after leaving matrimonial home due to cruelty can entertain Section 498a ipc complaint. Priya Indoria v. State of Karnataka, 2023 LiveLaw (SC) 996 Magistrate can't entertain a protest petition against own order taking cognisance. Ramakant Singh v. State of Jharkhand, 2023 LiveLaw (SC) 988 Supreme Court explains essentials to prove conspiracy while affirming life sentence to convicts in Kerala hooch tragedy. Sajeev v. State of Kerala, 2023 LiveLaw (SC) 974 E-Copies of trial court records will help faster disposal of criminal appeals: Supreme Court suggests amendments to SC rules. Sajeev v. State of Kerala, 2023 LiveLaw (SC) 974 No hard and fast rule that a convict must undergo a particular period of sentence before seeking its suspension. Vishnubhai Ganpatbhai Patel v. State of Gujarat, 2023 LiveLaw (SC) 955 For conviction under Section 149 IPC, no overt act needed; membership of unlawful assembly enough. Parshuram v. State of Madhya Pradesh, 2023 LiveLaw (SC) 953 : AIR 2023 SC 5685 : 2024 CriLJ 81 Accused can't be given opportunity to explain before filing final report : Supreme Court sets aside 'strange' HC Order. Shiv Kumar Sharma v. State of Madhya Pradesh, 2023 LiveLaw (SC) 950 Second petition under Section 482 Cr.P.C on grounds available at the time of first petition not maintainable. Bhisham Lal Verma V. State of Uttar Pradesh, 2023 LiveLaw (SC) 935 Section 313 Cr.P.C. - 'Right to remain silent not be used against accused' : Supreme Court summarises 12 principles. Indrakunwar v. State of Chhattisgarh, 2023 LiveLaw (SC) 932 : AIR 2023 SC 5221 Requirement for disclosures in criminal trial can't step over right to privacy : Supreme Court acquits woman accused of killing newborn. Indrakunwar v. State of Chhattisgarh, 2023 LiveLaw (SC) 932 : AIR 2023 SC 5221 SLPs in criminal cases don't divulge crucial information : Supreme Court says changes in rules of practice needed. Kulwinder Singh v. State of Punjab, 2023 LiveLaw (SC) 928 Court's duty to ensure witnesses are not under...

The Complete Supreme Court Annual Digest- 2023 [Part-VIII]

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The Complete Supreme Court Annual Digest- 2023 [Part-VIII]

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