I P C Archives - Page 17 of 58 - Supreme Court of India Judgements

February 7, 2025 4:48 am

Where a higher charge is not framed for which there is evidence, the accused is entitled to assume that he is called upon to defend himself only with regard to the lesser offence for which he has been charged

Aug 15, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH GHULAM HASSAN BEIGH — Appellant Vs. MOHAMMAD MAQBOOL MAGREY AND OTHERS — Respondent ( Before : A.M. Khanwilkar, Abhay S. Oka and J.B. Pardiwala,…

I P C

Abetment of suicide – An FIR under Section 306 of the IPC cannot even be quashed on the basis of any financial settlement with the informant, surviving spouse, parents, children, guardians, care-givers or anyone else.

Aug 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH DAXABEN — Appellant Vs. THE STATE OF GUJARAT AND OTHERS — Respondent ( Before : Indira Banerjee and V. Ramasubramanian, JJ. ) Criminal Appeal…

I P C

Acts of provocation on the basis of which the appellant caused the death of his brother, were both sudden and grave and that there was loss of self-control – This Court convert the conviction of the appellant from Section 302 to Part I of Section 304 of the IPC.

Aug 14, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH DAUVARAM NIRMALKAR — Appellant Vs. STATE OF CHHATTISGARH — Respondent ( Before : Sanjiv Khanna and Bela M. Trivedi, JJ. ) Criminal Appeal No.…

I P C

Indian Penal Code, 1860 (45 of 1860), Section 191 – Perjury — False evidence — Affidavit — An affidavit is ‘evidence’ within the meaning of Section 191 of the IPC and a person swearing to a false affidavit is guilty of perjury.

Aug 1, 2022 sclaw

SUPREME COURT OF INDIA Before: A.M. Khanwilkar & J.B. Pardiwala, JJ. Writ Petition (Criminal) No. 103 of 2009 Decided on: 14.07.2022 Himanshu Kumar and others – Petitioner(s) Versus State of…

I P C

Prosecution can lead evidence only in accordance with the charge framed by the trial court – Where a higher charge is not framed for which there is evidence, the accused is entitled to assume that he is called upon to defend himself only with regard to the lesser offence

Jul 26, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH GHULAM HASSAN BEIGH — Appellant Vs. MOHAMMAD MAQBOOL MAGREY AND OTHERS — Respondent ( Before : A.M. Khanwilkar, Abhay S. Oka and J.B. Pardiwala,…

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…

I P C

Expression “falsely charges” in Section 221 IPC cannot mean giving false evidence as a prosecution witness against an accused person during the course of a criminal trial – An investigation may be transferred to the CBI only in “rare and exceptional cases”

Jul 17, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH HIMANSHU KUMAR AND OTHERS — Appellant Vs. STATE OF CHHATTISGARH AND OTHERS — Respondent ( Before : A.M. Khanwilkar and J.B. Pardiwala, JJ. )…

I P C

HELD all the three appellants are in jail and have undergone several years of incarceration. We accordingly award the sentence for the period already undergone by all the three appellants.

Jul 14, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH AJMAL — Appellant Vs. THE STATE OF KERALA — Respondent ( Before : Ajay Rastogi and Vikram Nath, JJ. ) Criminal Appeal No. 1838…

I P C

Penal Code, 1860 (IPC) – Section 302 – Death sentence – Murder during the course of robbery – Imposition of death sentence would be unwarranted

Jul 10, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH MANOJ AND OTHERS — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : Uday Umesh Lalit, S. Ravindra Bhat and Bela. M.…

I P C POCSO

Death sentence confirmed – Kidnapping, Rape and murder of Mentally challenged Seven-and-a-half-year-old girl – in view of the nature of crimes committed by the appellant and looking to his incorrigible conduct.

Jul 10, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH MANOJ PRATAP SINGH — Appellant Vs. THE STATE OF RAJASTHAN — Respondent ( Before : A.M. Khanwilkar, Dinesh Maheshwari and C.T. Ravikumar, JJ. )…

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Consumer

The complainant contended that the basis of valuation as mentioned in clause-4.3 of the policy was “All exports-CIF + 10%”. This meant that the complainant had an insurable interest in the consignments until they were delivered to the buyer – The insurer argued that the basis of valuation was “FOB” and that the insurance coverage terminated on delivery of the consignment to the port of New York – The NCDRC rejected the review application, holding that the complainant had not proved that the basis of valuation was “All exports-CIF + 10%” – The NCDRC also held that the NCDRC had not erred in holding that the insurance coverage terminated on delivery of the consignment to the warehouse.

Feb 5, 2025 sclaw

I P C

Penal Code, 1860 (IPC) — Section 307 — Attempt to Murder — The complainant was abused and beaten by the accused, leading to an FIR under various IPC sections —Whether the injuries sustained by the complainant justify framing charges under Section 307 IPC — Petitioner argues that the injuries and the act of throttling indicate an intention to kill, warranting charges under Section 307 IPC — Respondent states that the injuries were minor, and the medical report did not conclusively support the charge of attempt to murder —The Supreme Court set aside the High Court’s order, directing the trial court to frame charges under Section 307 IPC —The intent to kill can be inferred from the circumstances and the doctor’s report suggesting the possibility of throttling —The extent of injuries is irrelevant if the intent to cause death is present, as per established legal precedents —The trial court must proceed with charges under Section 307 IPC, and the trial should be expedited.

Feb 5, 2025 sclaw

Environment

The polluter is absolutely and continuously liable for environmental damage until the damage is reversed, and the government must enforce environmental laws, ensure compensation, and implement restoration measures.

Feb 4, 2025 sclaw

Labour Cases Municipal Laws

Employers cannot terminate workers during industrial disputes without permission, and workers performing equal duties are entitled to equal pay and potential regularization.

Feb 4, 2025 sclaw

Category: I P C

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