May 23, 2026 8:09 pm

Grievous Hurt–Benefit of probation not granted as injuries were caused intentionally.

Bysclaw

Oct 7, 2017

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Penal Code, 1860 (IPC) — Sections 302, 201 read with Section 34 — Conviction for murder and causing disappearance of evidence — Circumstantial evidence — Concurrent findings of fact by trial court and High Court — Supreme Court’s power of interference under Article 136 of Constitution of India — Such power to be exercised sparingly and only in furtherance of justice, where there is manifest illegality or grave miscarriage of justice due to misreading or ignoring material evidence — Standard for conviction on circumstantial evidence — Circumstances must be fully established, consistent with hypothesis of guilt, of a conclusive nature, exclude every possible hypothesis except that of guilt, and form a complete chain leaving no reasonable doubt of innocence — Failure to prove motive is not fatal to the prosecution case when facts are clear.

May 23, 2026 sclaw

Constitution I P C

Criminal Law — Murder and Conspiracy — Appreciation of Evidence — Supreme Court’s Role in Appeals Against Acquittal — The Supreme Court reiterated that its role in an appeal against an acquittal is to examine whether the High Court committed an error in disturbing the Trial Court’s findings, especially when two competent courts have reached opposite conclusions on the same evidence — The Court must re-appreciate the evidence to deliver a final finding.

May 21, 2026 sclaw

Penal Code, 1860 (IPC) — Section 34 — Common intention — Requires proof of pre-arranged plan or prior meeting of minds, which must be clearly discernible from the material on record — Mere presence at the scene of offence without proof of participation or shared intention is insufficient to sustain conviction with the aid of Section 34 IPC — Prosecution must establish that accused shared a common intention and acted in furtherance thereof.

May 10, 2026 sclaw

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Acquittal Bhartiya Nagrik Suraksha Sanhita

Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 223(1) first proviso — Applicability of — Proceedings under Prevention of Money Laundering Act, 2002 (PMLA) filed before commencement of BNSS — Cognizance taken after commencement of BNSS — Accused not given opportunity of hearing at cognizance stage — Provision mandates hearing of accused before taking cognizance — Non-compliance is an illegality vitiating cognizance order — High Court judgment set aside.

May 23, 2026 sclaw

Constitution of India, 1950 — Article 142 — Extraordinary powers of Supreme Court — Directions issued by Supreme Court cannot supplant substantive law or disregard express statutory provisions unless necessary for complete justice, considering public policy and balancing equities. [Paras 50-54] – Stray Dog Management — Public Safety vs. Animal Welfare — Supreme Court must strike a balance between public safety under Article 21 and humane treatment of stray animals, prioritising human life and safety

May 23, 2026 sclaw

Unlawful Activities (Prevention) Act, 1967 — Offences under Sections 10(a)(i), 10(a)(iv), and 38(1) — Indian Penal Code, 1860 — Section 120B — Poisons Act, 1919 — Section 6 — Foreigners Act, 1946 — Section 14(c) — Passport Act, 1967 — Section 3 read with Section 12(1)(a) — Conviction for charges including conspiracy to revive banned organization LTTE — Appeal against conviction and sentence — Supreme Court’s finding that appellant was falsely implicated due to mistaken identity — Reliance on oral testimony of two key witnesses who introduced crucial alias name “Ranjan” years after the alleged incident and only after appellant’s arrest — Inconsistencies and material improvements in their testimonies — Failure of prosecution to establish identity with reliable oral or documentary evidence — Absence of any contemporaneous description, documentary linkage, or independent corroboration connecting appellant to the alleged absconding accused “Sri” — Appellant residing openly and lawfully as a refugee, pursuing visa to Switzerland inconsistent with being an absconding accused — Conviction and sentence set aside — Appeal allowed; appellant acquitted.

May 23, 2026 sclaw

Land Acquisition Municipal Laws

Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) — Section 126(1)(b) — Transferable Development Rights (TDR) — Compensation for land acquisition reserved for public purpose — Landowner entitled to TDR against land surrendered and ‘further’ TDR for development of amenity on the surrendered land — Corporation’s argument that agreements (LOI, Undertaking, Maintenance Agreement) waived landowner’s right to claim additional amenity TDR rejected — Held, statutory rights cannot be derogated from by executive circulars or agreements.

May 23, 2026 sclaw