2024 SC Orders

Ram Bahadur Magar @ Sanki @ Rabin vs State Of West Bengal – Criminal Trial – Bail

September 5, 2024 / By

Criminal Trial -As a matter of rule, the Constitutional Courts should not fix a time-bound schedule for conduct of cases before the Trial and other Courts and the said approach can be adopted only in very exceptional cases. Notwithstanding the pronouncement of law by the Constitution Bench of this Court, we have noticed that several …

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Vijay Nair vs Directorate Of Enforcement – PMLA – Bail

September 3, 2024 / By

PMLA,2002- Section 45- the rigours under Section 45 can be relaxed if the custody is for a considerable period of time and there is no likelihood of conclusion of trial within a short span- The right of an accused for expeditious trial and that the fundamental rights guaranteed under Article 21 cannot be subjugated to …

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Shaileshbhai Ranchhodbhai Patel vs State Of Gujarat CrA 1884/2013 – S 482 CrPC

August 30, 2024 / By

Code Of Criminal Procedure,1973; Section 482 -Whether quashing of the FIR can be refused for no other reason than that the investigating officer has filed the charge-sheet? High Court under Section 482, Cr. PC. retains the power to quash an FIR, even after charge-sheet under Section 173(2) thereof is filed, provided a satisfaction is reached, …

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State Of Kerala vs Prabhu CrA 3434 Of 2024 – S 50 NDPS Act – Recovery From Bag

August 27, 2024 / By

NDPS Act,1985; Section 50 -If the recovery was not from the person and whereas from a bag carried by him, the procedure formalities prescribed under Section 50 of the NDPS Act was not required to be complied with- Referred to Ranjan Kumar Chadha vs State of Himachal Pradesh 2023 INSC 878. [In this case, recovery …

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Ajay Ajit Peter Kerkar vs Directorate Of Enforcement – S 436A CrPC – PMLA

May 21, 2024 / By

Code Of Criminal Procedure, 1973; Section 436A – Prevention of Money Laundering Act,2002- Section 436A will apply even to a case under the PMLA. But the Court can still deny the relief owing to the ground such as where the trial was delayed at the instance of the accused- Referred to Vijay Madanlal Choudhary Vs. …

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Shailendra Kumar Sisodiya vs Rani Sisodiya @ Ranjana – CPC – Written Statement

May 19, 2024 / By

Code Of Civil Procedure, 1908; Order VIII Rule 1 –As regards the timeline for filing of written statement in a non-commercial dispute, the unamended Order 8 Rule 1 CPC continues to be directory and does not do away with the inherent discretion of courts to condone certain delays – Referred to Atcom Technologies Ltd. v. …

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State Of West Bengal vs Ganesh Roy – Summoning Of Govt. Officer

April 25, 2024 / By

Practice and Procedure – Summoning of Govt. Officers – In exceptional cases, if the Court finds that the presence of Government Officer is necessary, then at the first instance, such appearance is permitted through video conferencing- Court should also record its reasons as to why the personal presence of the Government Officer in the Court …

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