Supreme Court of India Judgements

46670 Judgements hosted as on 9/12/2024 - Search (FREE), Subscribe, Read & Download

Month: October 2017

I P C

Relation witness–Relationship is not a factor to affect credibility of a witness. Culpable homicide not amounting to murder–Applicability of Section 300 Exception 4–Discussed. Culpable homicide not amounting to murder–Sudden fight– A “sudden fight” implies mutual provocation and blows on each side–The homicide committed is then clearly not traceable to unilateral provocation, nor in such cases could the whole blame be placed on one side–For if it were so, the Exception more appropriately applicable would be Exception 1.

Oct 14, 2017 sclaw

  2007(5) LAW HERALD (SC) 4073   IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam Criminal Appeal No. 1533 of…

Service Matters
Service

Pension–High Court dismissed the petition as respondent produced fabricated documents–Allowed another petition extending benefit of governing rules–Not justified. Writ Jurisdiction–Miscellaneous Application–Where a proceedings stands terminated by final disposal of writ petition–It is not open to the court to re-open the proceedings by means of a miscellaneous application in respect of a matter which provided a fresh cause of action.

Oct 14, 2017 sclaw

   2007(5) LAW HERALD (SC) 4066 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H. K. Sema The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No.…

I P C

Death by Negligence–Negligence and rashness to be punishable in terms of Section 304-A must be attributable to a state of mind wherein the criminality arises because of no error in judgment but of a deliberation in the mind risking the crime as well as the life of the person who may lose his life as a result of the crime. Death by Negligence–Accident on unmanned railway crossing, where appellant was driving a bus and engine of train struck and rear of bus–Several injured and two died–Section 302 IPC has no application. Death by Negligence– The provision of section is not limited to rash or negligent driving–Any rash or negligent act whereby death of any person is caused becomes punishable

Oct 14, 2017 sclaw

  2007(5) LAW HERALD (SC) 4060     IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam Criminal Appeal No.…

Cr P C

Bail–Anticipatory Bail–Grant of–It is granted at a stage when the investigation is incomplete and, therefore, it is not informed about the nature of evidence against the alleged offender–It is, therefore, necessary that such anticipatory bail orders should be of a limited duration only. Bail–Anticipatory Bail–Use of the expression ‘reason to believe’ shows that the applicant may be arrested must be founded on reasonable grounds–Mere “fear” is not ‘belief’. Bail–Anticipatory Bail–Grant of–Normally a direction should not issue to the effect that the applicant shall be released on bail “whenever arrested for whichever offence whatsoever”–Such ‘blanket order’ should not be passed. Bail–Anticipatory Bail–Grant of– Reference to particular portions of case diary–The papers which are to be supplied to the accused have been statutorily prescribed–The Courts should take serious note when the accused or the informant refers to the case diary to buttress a stand.

Oct 11, 2017 sclaw

  2007(5) LAW HERALD (SC) 4045   IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Criminal Appeal No.…

C P C

Wakf— Notified list—If any property had been omitted to be included in the list of auqaf by inadvertence or otherwise, then it was/is for the Wakf Board to take action within a period of one year from the date of publication of the Gazette notification. Rejection of Plaint—If clever drafting of the plaint has created the illusion of a cause of action, the court will nip it in the bud at the earliest so that b of us litigation will end at the earlier stage

Oct 10, 2017 sclaw

2017(2) Law Herald (SC) 1619 : 2017 LawHerald.Org 1043 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.K.Agrawal The Hon’ble Mohan M. Shantanagoudar Civil Appeal No. 5368…

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Constitution Service

Classification of Military casualties and the eligibility for Liberalised Family Pension — Battle Casualty —Illness Caused by Extreme Climatic Conditions as Battle Casualty — The Court establishes that a soldier’s death due to illness resulting from extreme climatic conditions while on duty near a sensitive border area (such as the Line of Control) can be categorized as a ‘Battle Casualty’ — This expands the interpretation of what constitutes a battle casualty under military regulations. – Liberalised Family Pension (LFP) — Application of Category E (f) — The judgment clarifies that deaths occurring in war-like situations, including those near international borders or lines of control due to environmental stresses, fall under clause (f) of category E of the relevant military order — This broadens the scope of eligibility for LFP under such circumstances.

Dec 8, 2024 sclaw
Constitution

Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.

Dec 8, 2024 sclaw
Acquittal

Evidence Act, 1872 — Section 27 — Penal Code, 1860 (IPC) — Sections 384, 364, 302 and 201 — Murder — Circumstantial Evidence — The Supreme Court acquitted the appellant of murder charges as the prosecution failed to prove the crucial link of the accused’s disclosure leading to the discovery of skeletal remains under Section 27 and the DNA evidence was also found to be inconclusive due to lack of proper collection of samples. – Proof of Disclosure Statements under Section 27 — Voluntariness and Uninfluenced Nature — The Court reiterates that the information provided by an accused under Section 27 must be voluntary and uninfluenced by threat, duress, or coercion.

Dec 8, 2024 sclaw
Acquittal

Arms Act, 1959 — Sections 25, 54 and 59 — Buttondar knife — Specific Intent Required — The court clarifies that mere possession of a knife covered by a notification like the DAD Notification is not sufficient to constitute an offense under the Arms Act — There must be specific intent to use it for the prohibited purposes such as “manufacture, sale, or possession for sale or test.” – The prosecution must clearly allege and prove the intent of the accused to use the weapon for the specified prohibited purposes — Absence of such allegation in the charge-sheet renders the proceedings defective.

Dec 8, 2024 sclaw