Supreme Court of India Judgements

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

Month: April 2019

Murder

Indian Penal Code, 1860, S.302-Murder-Intention to kill-Multiple Injuries—Assault with iron rod on head of deceased—Three injuries were caused by appellant on head of deceased—Keeping in view the weapons used, the place of injuries and the force with which the deceased was assaulted by the accused shows clear intention on the part of said accused to commit murder—Act of accused would not fall within any of the exceptions u/s 3OO IPC-Conviction u/s 302 IPC upheld

Apr 6, 2019 sclaw

2019(1) Law Herald (SC) 676 : 2019 LawHerald.Org 618 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Mohan M. Shantanagoudar Hon’ble Mr. Justice N.V. Ramana Criminal Appeal Nos.…

I P C

Murder—Common Intention—Acquittal—Mere fact that accused appellants caught hold of deceased facilitating the other accused   r persons to come with a sharp edged weapon and gave blows, it cannot be said that the accused appellants shared common intention with the other accused persons.

Apr 6, 2019 sclaw

  2019(1) Law Herald (SC) 723 : 2019 LawHerald.Org 705 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice Ajay Rastogi Criminal Appeal No(s).…

Acquittal

Indian Penal Code, 1908, S.376–Rape–Delay in lodging FIR– Acquittal-Delay of 7 months in lodging FIR-In present case evidence adduced by prosecutrix falls short of test of reliability and acceptability and as such it is highly unreliable to act upon It-­ Critical examination of evidence on record is warranted in such cases- -Accused acquitted.

Apr 6, 2019 sclaw

2019(1) Law Herald (SC) 710 : 2019 LawHerald.Org 703 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice Ranjan Gogol Hon’ble Mr. Justice Sanjay Kishan Kaul Hon’ble Mr.…

Service Matters
Service

Service Law-Continuity in Service–Seniority–After Termination of service, a fresh appointment was given—Continuity in service cannot be granted when neither termination nor the fresh appointment was challenged-Seniority of workman shall be counted with effect from the date of his fresh appointment.

Apr 5, 2019 sclaw

2019(1) Law Herald (SC) 736 : 2018 LawHerald.Org 2143 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice Dr. Dhananjaya Y. Chandrachud Hon’ble Mr. Justice M.R. Shah Civil Appeal…

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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