October 2019 - Page 8 of 12 - Supreme Court of India Judgements

DNA Test—It is a serious matter which should not be lightly to be restored to without there being appropriate satisfaction of authorities for requirement of such test

Oct 13, 2019 sclaw

2019(3) Law Herald (SC) 2165 : 2019 LawHerald.Org 1345 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice Navin Sinha Criminal Appeal No. 1186…

Acquittal

Food Adulteration—Report of Public Analyst—Not proved to be served to accused—Mere dispatch of report is not sufficient—Accused acquitted Food Adulteration—Taking of Sample—Sample of Milk—Proper stirring of milk to make it homogenous mixture before taking sample not establlshed–Accused acquitted

Oct 13, 2019 sclaw

2019(3) Law Herald (SC) 2159 : 2019 LawHerald.Org 1344 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mr. Justice A.S, Bopanna Criminal Appeal No. 1167…

Cr P C

Quashing—Plea of false implication is question of fact which have to be decided in the trial by adducing evidence—Proceedings not quashed

Oct 13, 2019 sclaw

2019(3) Law Herald (SC) 2154 : 2019 LawHerald.Org 1343 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. Dhananjaya Y. Chandrachud Hon’ble Mrs. Justice Indira Banerjee CrimmaZ Appeal…

I P C

Dowry Demand—Letters written by deceased to her father depicts cruelty but no demand of dowry could be inferred from those letters—Accused acquitted under S.304-B IPC

Oct 13, 2019 sclaw

(2019) 10 SCALE 510 : 2019(3) Law Herald (SC) 2148 : 2019 LawHerald.Org 1342 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice I. Nageswara Rao Honble Mr. Justice…

Evidence Act

Child Witness—Children were aware of purpose of their presence in Court—Their evidence not to be discarded only because they were not aware as to who was judge and who was lawyer and before whom they were giving their testimony

Oct 13, 2019 sclaw

2019(3) Law Herald (SC) 2137 : 2019 LawHerald.Org 1341 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice Dr. Dhananjaya Y. Chandrachud Hon’ble Mrs. Justice Indira Banerjee Criminal Appeal…

Acquittal

Murder—Injuries on Accused—No investigation in cross case—It causes serious prejudice to accused—Accused acquitted on benefit of doubt Statement of Accused—Burden of Proof—The fact that a defence may not have been taken by an accused under S.313 Cr PC cannot absolve the prosecution from proving its case beyond all reasonable doubt

Oct 13, 2019 sclaw

2019(3) Law Herald (SC) 2132 : 2019 LawHerald.Org 1340 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice Navin Sinha Criminal Appeal No (s).…

Acquittal

Murder—Delay in recording statement of eye witness—Even though they were available and police knew that they were alleged eye witnesses-Accused acquitted Murder—Non proving of blood group of recovered blood stains—It may assume importance where the accused pleads a defence or alleges mala fides or fabricating the evidence on the part of the prosecution, to wrongly implicate him

Oct 13, 2019 sclaw

(2019) 10 SCALE 415 : 2019(3) Law Herald (SC) 2123 : 2019 LawHerald.Org 1337 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice Mohan…

I P C

Culpable Homicide—Where a mutual conflict develops and there is no reliable and acceptable evidence as to how it started and as to who was the aggressor, it would not be correct to assume private defence for both sides—It would be a case of sudden fight

Oct 13, 2019 sclaw

(2019) 10 SCALE 690 : 2019(3) Law Herald (SC) 2097 : 2019 LawHerald.Org 1335 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice…

Property Matters

Transfer of Property—Appellants have been granted right to use passage in the sale deed—Such right cannot be extinguished by execution of another sale deed of common passage and conferring its exclusive rights to some other party

Oct 13, 2019 sclaw

2019(3) Law Herald (SC) 2091 : 2O19 LawHerald.Org 1261 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice Hemant Gupta Civil Appeal Nos.…

C P C

First Appeal—First appellate court must analyse the entire evidence produced by the concerned parties and express its opinion in the proper sense of the jurisdiction vested in it and by elucidating, analysing and arriving at the conclusion that the appeal is devoid of merit.

Oct 13, 2019 sclaw

2019(3) Law Herald (SC) 2083 : 2019 LawHerald.Org 1260 (2019) 3 JLJR 229 : (2019) 3 PLJR 311 : (2019) 8 SCALE 608 : (2019) 7 SCC 300 IN THE…

DNA Test—It is a serious matter which should not be lightly to be restored to without there being appropriate satisfaction of authorities for requirement of such test

Quashing—Plea of false implication is question of fact which have to be decided in the trial by adducing evidence—Proceedings not quashed

Dowry Demand—Letters written by deceased to her father depicts cruelty but no demand of dowry could be inferred from those letters—Accused acquitted under S.304-B IPC

Child Witness—Children were aware of purpose of their presence in Court—Their evidence not to be discarded only because they were not aware as to who was judge and who was lawyer and before whom they were giving their testimony

Culpable Homicide—Where a mutual conflict develops and there is no reliable and acceptable evidence as to how it started and as to who was the aggressor, it would not be correct to assume private defence for both sides—It would be a case of sudden fight

Transfer of Property—Appellants have been granted right to use passage in the sale deed—Such right cannot be extinguished by execution of another sale deed of common passage and conferring its exclusive rights to some other party

First Appeal—First appellate court must analyse the entire evidence produced by the concerned parties and express its opinion in the proper sense of the jurisdiction vested in it and by elucidating, analysing and arriving at the conclusion that the appeal is devoid of merit.

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High Court cannot pass an interim order in a second appeal under Section 100 of the CPC without first formulating a substantial question of law

When a higher court’s decree is issued, the lower court’s decree merges into it, and any time stipulations in the lower court’s decree do not automatically revive upon the higher court’s judgment

Promotions based on merit-cum-seniority, suitability should be judged individually, not comparatively, and officers meeting the minimum criteria cannot be denied promotion based on a merit list

A micro or small enterprise does not need to be registered under Section 8 of the MSMED Act to make a reference to the Facilitation Council for dispute resolution under Section 18

Supreme Court of India Judgements

Month: October 2019

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