Supreme Court of India Judgements

46660 Judgements hosted as on 19/11/2024 - Search (FREE), Subscribe, Read & Download

Category: I P C

I P C

Navjot Singh Sidhu Review case ” The hand can also be a weapon by itself where say a boxer, a wrestler or a cricketer or an extremely physically fit person inflicts the same. HELD “defenceless and unprotected state of victim” appropriate in the facts of the present case.

May 19, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH JASWINDER SINGH (DEAD) THROUGH LEGAL REPRESENTATIVE — Appellant Vs. NAVJOT SINGH SIDHU AND OTHERS — Respondent ( Before : A.M. Khanwilkar and Sanjay Kishan…

I P C

Section 124A of IPC – – All pending trials, appeals and proceedings with respect to the charge framed under Section 124A of IPC be kept in abeyance. Adjudication with respect to other Sections, if any, could proceed if the Courts are of the opinion that no prejudice would be caused to the accused. HELD We hope and expect that the State and Central Governments will restrain from registering any FIR, continuing any investigation or taking any coercive measures by invoking Section 124A of IPC

May 11, 2022 sclaw

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION N.V. RAMANA; CJI., SURYA KANT; J., HIMA KOHLI; J. MAY 11, 2022 S.G. VOMBATKERE Versus UNION OF INDIA Indian Penal Code,…

I P C

Voluntarily causing hurt by dangerous weapons – Conviction and sentence – When a person commits an offence of voluntarily causing hurt by dangerous weapons and means under Section 324 of Indian Penal Code, then such person shall be punished with imprisonment for a period of three years, or with fine

Apr 25, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH ANUJ SINGH @ RAMANUJ SINGH @SETH SINGH — Appellant Vs. THE STATE OF BIHAR — Respondent ( Before : N.V. Ramana, CJI, Krishna Murari…

I P C

Accused gave several blows/multiple blows on the vital part of the body – head which resulted into grievous injuries and he used “Phakadiyat” with such a force which resulted in Skull fracture and a frontal wound on left side and wounds with 34 stitches on the left side of the skull – Accused is held guilty for the offence under Section 302 IPC

Feb 20, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF UTTARAKHAND — Appellant Vs. SACHENDRA SINGH RAWAT — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Criminal Appeal…

I P C

Insulting or Abusing SC-ST Person – Quantum of sentence – Appellant and his family members were insisting that the de facto complainant should vacate the shop in her possession – Reason for the incident appears to be the dispute over the said shop -Considering these facts and the fact that the appellant has already undergone a sentence for more than 9 months, this is a fit case where the substantive sentence should be reduced to rigorous imprisonment for 1 year – Appeal allowed.

Jan 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VETRIVEL — Appellant Vs. STATE REPRESENTED BY ITS DEPUTY SUPERINTENDENT OF POLICE AND ANOTHER — Respondent ( Before : Ajay Rastogi and Abhay S.…

I P C

(IPC) – Section 498A – Cruelty – When an offence has been committed by a woman by meting out cruelty to another woman, i.e., the daughter-in-law, it becomes a more serious offence – If a lady, i.e., the mother-in-law herein does not protect another lady, the other lady, i.e., daughter-in-law would become vulnerable – appellant is reported to be approximately 80 years old, sentence reduced.

Jan 18, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MEERA — Appellant Vs. STATE BY THE INSPECTOR OF POLICE THIRUVOTRIYUR POLICE STATION CHENNAI — Respondent ( Before : M.R. Shah and B.V. Nagarathna,…

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Acquittal

Penal Code, 1860 (IPC) — Sections 376 and 313 — Rape — False promise of marriage — Physical relationship with the complainant under the false promise of marriage, leading to her pregnancy and subsequent abortions — Whether the FIR should be quashed based on the allegations and the delay in filing the complaint — The petitioner argued that the relationship was consensual and the delay in filing the FIR undermines the credibility of the allegations — The respondent claimed that the petitioner deceived her with a false promise of marriage, leading to non-consensual physical relations — The Supreme Court quashed the FIR, noting the long-term consensual relationship and the lack of prima facie evidence for rape under Section 376 IPC —The Court emphasized the delay in filing the FIR and the nature of the relationship, which appeared consensual —The Court referred to previous judgments, highlighting the importance of prima facie evidence and the misuse of legal provisions —The FIR and all proceedings based on it were quashed, preventing abuse of the legal process.

Oct 21, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) — Sections 420, 468, 471 and 120-B —Prevention of Corruption Act, 1988 — Section 13(2) and 13(1)(d) — Financial misconduct and conspiracy — Whether the High Court was correct in discharging the respondent from the charges of conspiracy and financial misconduct — The CBI argued that the High Court conducted a mini-trial at the charge-framing stage and that there was sufficient suspicion to frame charges against the respondent — The respondent’s counsel argued that the material in the charge sheet did not make out a case against the respondent and that the High Court rightly discharged him —The Supreme Court upheld the High Court’s decision to discharge the respondent, stating that mere suspicion was not enough to frame charges – The Court found that the respondent’s role was limited to signing the memorandum prepared by senior officers and participating in the Management Committee meeting, which approved the proposal — The Court emphasized that the proposal had passed through various committees and that the respondent’s actions did not amount to criminal misconduct — The appeal was dismissed, and the respondent was discharged from the charges — The trial against other accused persons will continue.

Oct 21, 2024 sclaw
Municipal Laws

Patna Municipal Corporation Act, 1951 — Sections 146, 423 and 488(1) — The Patna Municipal Corporation imposed a royalty on advertisements, which was later increased — The respondents challenged this imposition, arguing it was a tax without legislative backing — Whether the royalty imposed by the Corporation was a tax and if it was legally enforceable without legislative sanction — The Corporation argued that the royalty was agreed upon by the parties and was not a tax — They contended that the enhancement of the rate was within their rights — The respondents argued that the imposition was a tax, which required legislative sanction, and the Corporation had no authority to levy it — The Division Bench quashed the enhancement, ruling that the Corporation had no power to impose the tax without legislative backing — The Court found that the royalty was not a tax but a fee agreed upon by the parties — It held that the Corporation’s actions were within the scope of the agreement — The Court distinguished between royalty and tax, emphasizing that royalty is based on an agreement, not statutory provision — The Court upheld the imposition of royalty as per the agreement but noted that the enhancement in rates was not challenged effectively — The judgment of the Division Bench was set aside.

Oct 21, 2024 sclaw
Constitution

Citizenship Act, 1955 — Section 6A — Special provisions as to citizenship of persons covered by the Assam Accord — The case involves the constitutional validity of Section 6A of the Citizenship Act 1955, which grants citizenship to certain migrants from Bangladesh to Assam —The main issues include whether Parliament had the legislative competence to enact Section 6A, and if Section 6A violates Articles 6, 7, 14, 29, and 355 of the Constitution — Petitioners argue that Section 6A is unconstitutional as it conflicts with Articles 6 and 7, adopts unreasonable cut-off dates, and violates Articles 14, 29, and 355 — Respondents contend that Section 6A is within Parliament’s legislative competence under Article 11 and does not violate the Constitution — The judgment addresses the legislative competence of Parliament, the reasonableness of cut-off dates, and the impact on Assamese cultural identity — The court examines the historical context of citizenship provisions, the legislative intent behind Section 6A, and the scope of judicial review under Article 14 — The court analyzes the constitutional provisions on citizenship, the legislative objective of Section 6A, and the balance between legislative intent and constitutional mandates —The court concludes that Section 6A of the Citizenship Act is constitutional and does not violate the cited Articles of the Constitution.

Oct 21, 2024 sclaw