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January 9, 2023
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important cases for the month of December for the CLAT PG examination.

  • Sukhpal Singh Khaira v. State of Punjab– Constitution Bench comprising of Hon’ble Justice SA Nazeer, Hon’ble Justice BR Gavai, Hon’ble Justice AS Bopanna, Hon’ble Justice V Ramasubramanian, and Hon’ble Justice BV Nagarathna has issued detailed guidelines for the exercise of power under Section 319 CrPC which deals with summoning additional accused. Court has clarified that this power has to be used before the conclusion of the trial.
  • Priyanka v. Santosh Kumar– A two-judge bench consisting of Hon’ble Justice Surya Kant and Hon’ble Justice JK Maheshwari has held that orders of temporary child custody/visitation rights cannot be passed in proceedings of restitution of conjugal rights u/s 9 Section 9 of the Hindu Marriage Act 1955.
  • TP Gopalakrishnan v. State of Kerala– A two-judge bench of Hon’ble Justice BR Gavai and Hon’ble Justice BV Nagarathna has elaborated upon the doctrine of double jeopardy u/s 300 CrPC and also Article 20(2) of the Constitution of India. Section 300 CrPC bars the trial of a person for the same offence and also different offence on the same facts. The Court held that “a person who has already been tried by a Court of competent jurisdiction for an offence arising out of the same facts, and has either been acquitted or convicted of such offence cannot be tried again for the same offence as well as on the same facts for any other offence as long as such acquittal or conviction remains in force.”
  • State of West Bengal v. Sandeep Biswas– A two-judge bench comprising of Hon’ble Justice BR Gavai and Hon’ble Justice Vikram Nath has held that the High Courts cannot order an investigation to be conducted in a particular manner either u/s 482 CrPC or its writ jurisdiction. The Court observed that “directing the investigating agency to conclude the investigation by a particular date and after that date directing automatic release of the appellant, in our view would be to abdicate the function of the High Court to decide the question as to whether the applicant before it was entitled to grant of bail on merits or not.”

Topics that have been important for the month of December

  • Section 319, 300 and 482 CrPC
  • The doctrine of double jeopardy
  • Restitution of conjugal rights and custody rights

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