Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Criminal Law

Monday, January 28, 2013
Criminal Law

Criminal Law — Difference between continuous offence and instantaneous offence — In the case of a continuing offence, the ingredients of the offence continue, i.e., endure even after the period of consummation, whereas in an instantaneous offence, the offence takes place once and for all i.e. when the same actually takes place — In such cases, there is no continuing offence, even though the damage resulting from the injury may itself continue.

 
Tuesday, February 14, 2012
Criminal Law

Criminal Law — Term ‘cognizance’ — Meaning of — Held, though, the term ‘cognizance’ has not been defined either in the Prevention of Corruption Act, 1988 or the Cr.P.C., the same has acquired a definite meaning and connotation from various judicial precedents — In legal parlance cognizance is “taking judicial notice by the court of law, possessing jurisdiction, on a cause or matter presented before it so as to decide whether there is any basis for initiating proceedings and determination of the cause or matter judicially”.

 
Criminal Law

Criminal Law — Sentencing power — Held, sentencing power has to be exercised in accordance with the statutory sentencing structure under Section 235(2) and also under Section 354(3) of the Code of Criminal Procedure — Criminal Procedure Code, 1973, Sections 235(2) and 354(3).

 
Tuesday, July 19, 2011
Criminal Law

Criminal Law — If a person deliberately assaults another and causes an injury to him then depending upon the weapon used and the part of the body on which it is struck, it would be reasonable to assume that the accused had the intention to cause the kind of injury which he inflicted. 

 
Saturday, February 26, 2011
Criminal Law

Criminal Law — Whether in a criminal case if the counsel for the accused does not appear, for whatever reasons, should the case be decided in the absence of the counsel against the accused, or the Court should appoint an amicus curiae to defend the accused? — Held, the Court should appoint an amicus curiae to defend the accused — Constitution of India, 1950, Articles 21 and 22(1).

 
Monday, May 17, 2010
Criminal Law

Criminal law — Investigation — Even if the investigation is illegal or even suspicious the rest of the evidence must be scrutinized independently of the impact of it — Otherwise the criminal trial will plummet to the level of the investigating officers ruling the roost — Criminal justice should not be made a casualty for the wrongs committed by the investigating officers in the case — In other words, if the court is convinced that the testimony of a witness to the occurrence is true, the Court is free to act on it albeit the investigating officer’s suspicious role in the case — State of Karnataka Vs. K. Yarappa Reddy (1999) 8 SCC 715 relied.

 
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