July 2022 - Page 2 of 8 - Supreme Court of India Judgements

Last seen theory – When the last seen theory is found to be not true, there has to be much more concrete and clinching evidence to implicate the accused. HELD when a large number of persons were available near the dead body, it is incomprehensible as to how all of them refused to sign the documents prepared by the police – Order of conviction is set aside.

Jul 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH RAVI SHARMA — Appellant Vs. STATE (GOVERNMENT OF NCT OF DELHI) AND ANOTHER — Respondent ( Before : Abhay S. Oka and M.M. Sundresh,…

Acquittal

Recovery having not been proved in the manner known to law, coupled with inadequate evidence on record to implicate the appellant – Prosecution has failed in its attempt to prove beyond reasonable doubt, that the appellant has committed the offence

Jul 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH VIRENDRA — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : Sanjay Kishan Kaul and M.M. Sundresh, JJ. ) Criminal Appeal No.…

Murder

Accused has failed to explain the aforesaid incriminating material/circumstances found against him namely the purchase of pesticides by him, prior to the occurrence and that the very bottle of pesticide which was purchased by him was found from the place of occurrence – Conviction and sentence id upheld.

Jul 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH HAJABHAI RAJASHIBHAI ODEDARA — Appellant Vs. STATE OF GUJARAT — Respondent ( Before : M. R. Shah and B.V. Nagarathna, JJ. ) Criminal Appeal…

I P C

Appeal allowed – Penal Code, 1860 (IPC) – Section 302 – Murder – Even the evidence of a hostile witness can be considered to the extent, it supports the case of the prosecution –

Jul 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH MALTI SAHU — Appellant Vs. RAHUL AND ANOTHER — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Criminal Appeal No. 471…

Consumer Education

Consumer Protection Act, 1986 Section 27 A -HELD we are inclined to set aside the orders passed and dismiss the complaint. As there is no vicarious liability that can be fastened on the appellant and the appellant’s role cannot be stretched to the policy decision of the Republic of Philippines, the appeal stands allowed.

Jul 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH HCMI EDUCATION — Appellant NARENDRA PAL SINGH — Respondent ( Before : Abhay S. Oka and M.M. Sundresh, JJ. ) Civil Appeal No. 2481…

Constitution

The Government of India may consider the introduction of a separate enactment in the nature of a Bail Act so as to streamline the grant of bails.

Jul 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH SATENDER KUMAR ANTIL — Appellant Vs. CENTRAL BUREAU OF INVESTIGATION AND ANOTHER — Respondent ( Before : Sanjay Kishan Kaul and M.M. Sundresh, JJ.…

Rent

HELD any deposit made under or pursuant to the said order of High Court, cannot wipe out the default already committed by the defendant- respondent. On the contrary, with setting aside of the said order of the High Court, the order of the Trial Court shall stand revived.

Jul 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH ASHA RANI GUPTA — Appellant Vs. SRI VINEET KUMAR — Respondent ( Before : Dinesh Maheshwari and Aniruddha Bose, JJ. ) Civil Appeal No.…

Service

HELD services of the other work-charge employees even who were senior to the deceased employees were regularized in the year 2009 i.e. after the death of the deceased employee. Appeal of Stateallowed

Jul 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH THE STATE OF NAGALAND AND OTHERS — Appellant Vs. NISHEVI ACHUMI — Respondent ( Before : M. R. Shah and B.V. Nagarathna, JJ. )…

Bail Granted

NDPS bail – material placed on record nothing of any contraband article has been recovered from the respondent or from any place under his exclusive control. This factor further adds on to the doubt as to whether the respondent had at all been indulgent in narcotics or any contraband?

Jul 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH STATE OF WEST BENGAL — Appellant Vs. RAKESH SINGH @ RAKESH KUMAR SINGH — Respondent ( Before : Dinesh Maheshwari and Aniruddha Bose, JJ.…

C P C

HELD ex-parte judgment and decree passed by the learned Trial Court as well as the order(s) passed by the learned Trial Court refusing to condone the delay of 2345 days in preferring the revision petition(s) challenging the ex-parte judgment and decree filed by original defendant Nos. 2 to 4 is/are hereby restored

Jul 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH MOHAMED ALI — Appellant Vs. V. JAYA AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil Appeal No.…

Recovery having not been proved in the manner known to law, coupled with inadequate evidence on record to implicate the appellant – Prosecution has failed in its attempt to prove beyond reasonable doubt, that the appellant has committed the offence

Appeal allowed – Penal Code, 1860 (IPC) – Section 302 – Murder – Even the evidence of a hostile witness can be considered to the extent, it supports the case of the prosecution –

The Government of India may consider the introduction of a separate enactment in the nature of a Bail Act so as to streamline the grant of bails.

HELD any deposit made under or pursuant to the said order of High Court, cannot wipe out the default already committed by the defendant- respondent. On the contrary, with setting aside of the said order of the High Court, the order of the Trial Court shall stand revived.

HELD services of the other work-charge employees even who were senior to the deceased employees were regularized in the year 2009 i.e. after the death of the deceased employee. Appeal of Stateallowed

NDPS bail – material placed on record nothing of any contraband article has been recovered from the respondent or from any place under his exclusive control. This factor further adds on to the doubt as to whether the respondent had at all been indulgent in narcotics or any contraband?

You missed

A suit in representative capacity (Order 1, Rule 8 CPC) is not maintainable if lacking locus standi, and a prior decree (res judicata) bars subsequent suits on the same subject matter, notwithstanding varying reliefs.

Agreement to sell immovable property incurs stamp duty as deemed conveyance via implied/symbolic possession transfer, with duty applying to the agreement (instrument), not the sale (transaction).

In child custody cases, the lawpoint is that the welfare of the minor child is the paramount consideration, and a Habeas Corpus writ petition is maintainable only when the child’s detention is proven illegal or without legal authority

Supreme Court of India Judgements

Month: July 2022

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