Recent Case Laws 3

21. In which case Supreme Court held that the default sentence must be in excess of or in addition to the substantive sentence. Concurrent running of default sentence inter se or with substantive sentence is not permissible ?

22. The Supreme Court in which case held that it is a mandatory legal requirement to specify whether sentences awarded to an accused convicted for two or more offences would run concurrently or consecutively?

23.In case of trial of offences under special law, the offences shall be tried by the court specifically mentioned in the special law. If the special law is silent about the court by which it can be tried, then such an offence may be tried either by the High Court or by any other court by which such offence is shown in the First Schedule of Cr.P.C. to be triable. Supreme Court observed this in which of the following case?

24. For fulfilling true spirit of beneficial legislation of Section 125 CrPC strict proof of marriage is not required. Long cohabitation between woman and man may lead to presumption of marriage entitled maintenance for woman and children born to them. This presumption is a rebuttable presumption. Supreme Court observed this in which of the following case?

25. In which case Supreme Court held that court after passing judgment or final order under Section 125 Cr.P.C. does not become functus officio, Section 125 itself contains provisions where order passed can be cancelled or altered. It is coved by an exception contained in Section 362 Cr.P.C.

26. Unmarried Hindu daughter can claim maintenance from her father till she is married relying on Section 20(3) of the Hindu Adoptions & Maintenance Act,1956, provided she pleads and proves that she is unable to maintain herself for enforcement of which right her application/suit has to be under Section 20 of Act. Supreme Court observed this in which of the following case?

27. In which case Supreme Court observed that orders passed under Section 144 Cr.P.C. have direct consequence upon fundamental rights. Magistrate is duty bound to balance the rights and restrictions based on principles of proportionality and thereafter apply less intrusive measures?

28. Supreme Court in which case held that where the property is attached and placed under custodia legis under Section 145 Cr.P.C. it does not amount to change in possession of property on behalf of party who is ultimately found entitled to possession?

29. No external agency can dictate the course of investigation in a criminal case. It is within the exclusive jurisdiction of the police. Courts cannot supervise investigation. Only in exceptional circumstances superior courts can monitor investigation but that is not the same as supervision. Supreme Court observed this in which of the following case?

30. In which case Supreme Court held that a preliminary inquiry before registration of First Information Report (FIR) is not required to be mandatorily conducted in all corruption cases.