Supreme Court of India Judgements

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Month: December 2017

Acquittal

Abetment to Suicide—Acquittal—If appellants have been acquitted for the crime under Section 498-AIPC, then offence of abetment of suicide under Section 306 is not made out. Abetment to Suicide—Acquittal—Mere fact that there is a finding of harassment would not lead to the conclusion that there is abetment of suicide.

Dec 29, 2017 sclaw

  (2017) 3 AICLR 628 : (2017) AIR(SCW) 2425 : (2017) AIR(SC) 2425 : (2017) AllSCR(Crl) 1151 : (2017) 2 AndhLD(Criminal) 259 : (2017) 2 ApexCourtJudgments(SC) 513 : (2017) 3…

Murder

Murder–Medical Opinion-Doctor has stated in cross-examination that “such injuries can be caused to a person if he meets accident”–There is no suggestion of the fact that at the place of incident any vehicle had passed through at the time of the incident-Order of acquittal by trial court held to be based on conjectures and surmises-Conviction by High Court upheld.

Dec 29, 2017 sclaw

(2017) 99 ACrC 263 : (2017) 172 AIC 11 : (2017) 3 AICLR 240 : (2017) AIR(SCW) 1197 : (2017) 2 AirKarR 315 : (2017) AIR(SC) 1197 : (2017) AllSCR(Crl)…

Consumer

Railway Theft of Luggage- the theft of the articles of the complainant happened solely on account of the deficiency on the part of the Indian Railways in rendering services to him by not deputing a TTE to remain present in the coach throughout the journey—Award of compensation by for a below upheld.

Dec 26, 2017 sclaw

(2017) 1 ConLT 63 : (2017) 1 LawHerald(SC) 172 NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION GENERAL MANAGER (GENERAL) NORTHERN RAILWAY — Appellant Vs. LAKHANJI PURWAR — Respondent ( Before : Mr. Justice V.K. Jain,…

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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