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In India, landmark court decisions come most frequently from the Supreme Court of India, which is the highest judicial body in India. High courts of India may also make such decisions, particularly if the Supreme Court chooses not to review the case or if it adopts the holding of the lower court.
The Code of Criminal Procedure, commonly called Criminal Procedure Code (CrPC), was the main legislation on procedure for administration of substantive criminal law in India. [1] It was enacted in 1973 and came into force on 1 April 1974. [ 2 ]
In a significant judgment on 4 January, the Delhi High Court held a police officer guilty of contempt of court for arresting a man in violation of the principles laid down by the Supreme Court in the case Arnesh Kumar vs State of Bihar. The Court sentenced the police officer to one-day imprisonment for contempt of court.
[2] [7] [5] However, in later judgements including the Danial Latifi v. Union of India case and Shamima Farooqui v. Shahid Khan, the Supreme Court of India interpreted the act in a manner reassuring the validity of the case and consequently upheld the Shah Bano judgement, and The Muslim Women (Protection of Rights on Divorce) Act 1986 was ...
"Leading case" is commonly used in the United Kingdom and other Commonwealth jurisdictions instead of "landmark case", as used in the United States. [ 1 ] [ 2 ] In Commonwealth countries, a reported decision is said to be a leading decision when it has come to be generally regarded as settling the law of the question involved.
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State of Bihar [(2014) 8 SCC 273], Prasad gave a landmark ruling and very strongly pointed out the blatant misuse of the Sec.498A of IPC in India. Prasad held that no arrest should be made only because the offense is non-bailable and cognizable.
K. M. Nanavati v. State of Maharashtra; Court: Supreme Court of India: Full case name: K. M. Nanavati v. State of Maharashtra: Case history; Prior actions: Jury's Judgment for defendant, Jury() Trial-Charge-Misdirection-Reference by Judge, High Court Conviction under Sec.302 of the Indian Penal Code