Supreme Court of India Judgements

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Category: Acquittal

Acquittal

Indian Penal Code, 1860, S. 498-A and 406–Quashing of complaint–Cruelty to wife-Wife filed complaint under Section 498-A, 406 I.P.C. against husband and his parents–Major allegations against husband with only minor reference to the in-laws–Death of husband during pendency of trial–Husband already dead complaint against in-laws quashed.

Nov 25, 2018 sclaw

2010(1) LAW HERALD (SC) 507 IN THE SUPREME COURT OF INDIA Before  The Hon’ble Mr. Justice V.S.Sirpurkar The Hon’ble Mr. Justice Deepak Verma Criminal Appeal No. 949 of 2003 Neelu…

Acquittal

Suicide by bride within two years of marriage–Mother-in-law made accused, because in a letter to her husband deceased had stated that she was horrible and custody of child should not be given to her–Old mother-in-law was made scapegoat relying on the age old concept of bickering between the mother-in-law and daughter-in-law–Order of conviction set aside.

Nov 25, 2018 sclaw

  2010(1) LAW HERALD (SC) 504 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice V.S.Sirpurkar The Hon’ble Mr. Justice Deepak Verma Criminal Appeal No. 1198 of 2003…

Acquittal

Revisional Jurisdiction–Revisional jurisdiction, when invoked by a private complainant against an order of acquittal, cannot be exercised lightly and that it can be exercised only in exceptional cases where the interest of public justice require interference for correction of manifest illegality or the prevention of gross miscarriage of justice.

Nov 23, 2018 sclaw

2010(1) LAW HERALD (SC) 487 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendran The Hon’ble Mr. Justice J.M. Panchal Criminal Appeal No. 2420 of 2009…

Acquittal

Once it is proved that the FIR itself was given with the consultation of the legal advisors and in the guidance of the local Member of Legislative Assembly who was inimical towards the appellant on account of the party factions, the whole story and more particularly, the part played by (PW-1) becomes suspicious–Evidences of prosecution witnesses No. 2 to 5 full of contradiction and omissions–High Court nowhere considered that there was no explosive substance found at the place where allegedly the bombs were exploded –Once the benefit of kiosk has been given to the other accused the same advantage should have been given even to the appellant–Impugned judgment of the High Court, set aside and that of the trial Court restored.

Nov 14, 2018 sclaw

2010(1) LAW HERALD (SC) 277 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice V.S. Sirpurkar The Hon’ble Dr. Justice Mukundakam Sharma Criminal Appeal No. 451 of 2007…

Acquittal

Abetment of suicide–In order to convict a person under section 306 IPC there has to be a clear mens rea to commit the offence–It also requires an active act or direct act which led the deceased to commit suicide seeing no option and this act must have been intended to push the deceased into such a position that he commits suicide.

Nov 9, 2018 sclaw

2010(1) LAW HERALD (SC) 113 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dalveer Bhandari The Hon’ble Mr. Justice A. K. Patnaik Criminal Appeal No. 1301 Of…

Acquittal

Attempt to Murder—Improvement in Statement—In FIR complainant stated, shot was fired by unknown person but before court he stated that he recognised appellant as person who fired shot as he was known to him earlier—Appellant acquitted.

Nov 8, 2018 sclaw

2018(3) Law Herald (SC) 2590 : 2018 LawHerald.Org 1601 IN THE SUPREME COURT OF INDIA                                              Before Hon’ble Mr. Justice Ranjan Gogoi Hon’ble Mr. Justice Navin Sinha Criminal Appeal No.…

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Arbitration Constitution

Arbitration and Conciliation Act 1996 – Sections 34 and 37 – Curative petition – The Court found that the arbitral tribunal’s decision was not perverse or irrational and that the CMRS certificate did not conclusively prove that defects were cured within the cure period – The Court emphasized the tribunal’s domain to interpret the contract and the limited scope of judicial interference in arbitral awards – The Supreme Court concluded that the curative petition was maintainable and that there was no miscarriage of justice in restoring the arbitral award.

Apr 14, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) – Section 302, read with 34 – Murder – The Supreme Court found that the High Court did not properly address whether the Trial Court’s acquittal was a plausible conclusion from the evidence – The Supreme Court emphasized that the burden of proof lies with the prosecution and that the accused do not have to prove their innocence unless there is a statutory reverse onus – The Supreme Court concluded that the evidence did not warrant overturning the acquittal, as the Trial Court’s view was possible and not perverse.

Apr 14, 2024 sclaw
I P C

Penal Code, 1860 (IPC) – Section 302 – Murder – Dispute over a blocked pathway – The Court found no evidence of provocation by the deceased that would justify the appellants’ brutal attack, nor any exercise of the right to private defence – The Court applied principles from previous judgments to determine the lack of private defence and the presence of intention to cause harm – The Supreme Court concluded that the appellants’ actions were not in self-defence and that their intention was to inflict harm, affirming the lower courts’ decisions.

Apr 14, 2024 sclaw
Consumer

Consumer Law – Insurance Act, 1938 – Section 45 – Policy not to be called in question on ground of mis-statement after two years – The Court found no suppression of material facts and criticized the NCDRC for not requiring proper evidence from the respondent – The judgment discusses the principles of ‘uberrimae fidei’ (utmost good faith) and the burden of proof in insurance contracts – The Court concluded that the insurance company failed to prove the alleged suppression of facts, thus the repudiation was unjustified.

Apr 14, 2024 sclaw