Murder—Circumstantial Evidence— Minor contradictions will not shake the testimony.
2007(2) LAW HERALD (SC) 1526 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S. B. Sinha The Hon’ble Mr. Justice Markandey Katju Criminal Appeal No. 329…
Common Intention—Prosecution has to establish by evidence, whether direct or circumstantial, that there was plan or meeting of minds of all the accused persons to commit the offence.
2007(2) LAW HERALD (SC) 1523 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S. B. Sinha The Hon’ble Mr. Justice Markandey Katju Criminal Appeal No. 481…
Sanction for Prosecution—Sanction not required under the prevention of corruption act and factual aspects are of no consequence.
2007(2) LAW HERALD (SC) 1520 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Criminal Appeal No. 527…
Rape— No acceptable evidence except self serving statement of the prosecutrix—Acquittal.
2007(2) LAW HERALD (SC) 1515 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.H. Kapadia The Hon’ble Mr. Justice B. Sudershan Reddy Criminal Appeal No. 526…
Act prejudicial to maintenance of harmony—Publications of books—Objectionable statements—Prosecution has to prove prima facie the existence of mens rea on the part of the accused the intention has to judged primarily by the language of book—Book must be read as a whole.
2007(2) LAW HERALD (SC) 1508 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice The Hon’ble Mr. Justice Lokeshwar Singh Panta The Hon’ble Mr. Justice D.K. Jain…
Murder—Sole eye witness—Conviction can be based on the basis of the testimony of a sole eye witness.
2007(2) LAW HERALD (SC) 1505 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S. B. Sinha The Hon’ble Mr. Justice Markandey Katju Criminal Appeal No. 486…
Dishonour of Cheque—Vicarious liability—Requirements laid down therein must be read conjointly and not disjunctively. When a legal fiction is raised, the ingredients therefor must be satisfied. Summoning Order—Recalling of Order—A Magistrate does not have and thus cannot exercise any inherent jurisdiction.
2007(2) LAW HERALD (SC) 1496 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Criminal Appeal No. 520 of…
Public Servant—Employees of Electricity Board are public servant and liable to prosecution for corruption under Prevention of Corruption Act, 1988.
2007(2) LAW HERALD (SC) 1492 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Criminal Appeal No. 519 of 2007…
Compensation—An amount of compensation directed to be paid may not form part of a fine. It may be awarded separately.Dishonour of Cheque—Compensation—No unreasonable amount of compensation can be directed to be paid.
2007(2) LAW HERALD (SC) 1473 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Dalveer Bhandari Criminal Appeal No. 521 of…
Hostile Witness–Courts are entitled to rely upon a part of the testimony of a witness who has been permitted to be cross-examined by the prosecution.
2007(2) LAW HERALD (SC) 1469 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 1157 of…