Supreme Court of India Judgements

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Category: I P C

I P C

Murder – Organized crime – High Court quashed charge sheet against accused for KCOCA offences – Appeal against – High Court has completely glossed over the crucial fact that the writ petition was filed only after the sanction was accorded by the competent authority under Section 24(2) and more so cognizance was also taken by the competent Court of the offence of organized crime committed by the members of organized crime syndicate including the writ petitioner

Oct 24, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH KAVITHA LANKESH — Appellant Vs. STATE OF KARNATAKA AND OTHERS — Respondent ( Before : A.M. Khanwilkar, Dinesh Maheshwari and C.T. Ravikumar, JJ. )…

I P C

Penal Code, 1860 (IPC) – Ss 363, 366, 376, 376D and 506 – Protection of Children from Sexual Offences Act, 2012 – Ss 3 and 4 – Kidnapping and gang rape – insofar as the incident of rape attributed to the appellant it does not disclose that all the accused had committed rape on her or had the common intention and aided the commission – Charge of gang rape has not been established with convincing evidence – Appellant is liable to be convicted under Section 376 IPC and not under Section 376D IPC, the appropriate sentence to be imposed needs consideration.

Oct 11, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MANOJ MISHRA @ CHHOTKAU — Appellant Vs. THE STATE OF UTTAR PRADESH — Respondent ( Before : M.R. Shah and A.S. Bopanna, JJ. )…

I P C

IPC Section 302/34 – no contra evidence on behalf of the defence to explain as to why they all went together to the spot with fire-arms and shot at the deceased – On the other hand, the antecedent enmity between the accused and the victims as narrated in detail by PW-1 clearly brings out the fact that there existed a common intention on the part of the accused inasmuch as they went together armed with guns in broad day light to the land where the victims were engaged in irrigation – Also the manner in which the crime was executed clearly establishes a concerted action on part of the accused – Conviction under section 302 read with Section 34 of IPC uphold – Appeal dismissed.

Sep 26, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH INDRAPAL SINGH AND OTHERS — Appellant Vs. STATE OF U.P. — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and B.V. Nagarathna, JJ.…

I P C

High Court ought not to have convicted the appellant for the offence under Section 304 Part­I IPC – In absence of any intention on the part of the appellant, It is a clear case where the conviction of the appellant is to be modified to one under Section 304 Part­II IPC by maintaining the conviction for the offence under Section 201 IPC. HELD converting conviction from the one under Section 304 Part­I IPC to the one under Section 304 Part­II IPC – Appeals are allowed in part and conviction of the appellant is modified from the one under Section 304 Part­ I /34 IPC to the one under Section 304 Part ­II /34 IPC

Sep 26, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  KALA SINGH @ GURNAM SINGH — Appellant Vs. STATE OF PUNJAB — Respondent ( Before : R. Subhash Reddy and Hrishikesh Roy, JJ. )…

I P C

(IPC) – Sections 299, 302 and 304 – Murder – Appeal against conviction and sentence -it is held that the accused conviction under Section 302 IPC was not appropriate – Section 304 IPC  Code provides punishment for culpable homicide not amounting to murder (under Section 299 IPC). In the facts of the present case, this court is of the opinion that the accused should be convicted for the offence punishable under the first part of Section 304 IPC, as he had the intention of causing such bodily harm, to the deceased, as was likely to result in his death, as it did.

Sep 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MOHD. RAFIQ @ KALLU — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : K.M. Joseph and S. Ravindra Bhat, JJ.…

I P C

Penal Code, 1860 (IPC) – Section 302 – Murder of wife on suspicion of her infidelity – Sentence of imprisonment for life – Question of propriety of specifying rigorous imprisonment while imposing life sentence – Matter settled in Naib Singh v. State of Punjab & Ors., (1983) 2 SCC 454 held that the sentence of imprisonment for life has to be equated to rigorous imprisonment for life

Sep 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MD. ALFAZ ALI — Appellant Vs. THE STATE OF ASSAM — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ. ) SLP…

I P C

On the facts of the case the High Court noted that there was absence of common object–What was to be expected was an assault–It was held that A-2 to A-7 were guilty of offence punishable under Section 304 Part II, IPC–Trial Court and the High Court rightly found the appellant guilty–Reasoning given by the High Court finding appellant guilty does not suffer from any infirmity–Penal Code, 1860, Section 304 Part II.

Sep 12, 2021 sclaw

2009(2) LAW HERALD (SC) 797 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dr. Mukundakam Sharma Criminal Appeal No. 1249…

I P C

(IPC) – Section 306, 498A read with Section 114 – to attract the applicability of Section 113-A of the Evidence Act, three conditions are required to be fulfilled :- (i) The woman has committed suicide, (ii) Such suicide has been committed within a period of seven years from the date of her marriage, (iii) The charged-accused had subjected her to cruelty – From the facts of the case at hands, all the three conditions stand fulfilled

Sep 12, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GUMANSINH @ LALO @ RAJU BHIKHABHAI CHAUHAN AND ANOTHER — Appellant Vs. THE STATE OF GUJARAT — Respondent ( Before : S. Abdul Nazeer…

I P C

IBC – Resolution plan approved by Committee of Creditors (CoC) – Jurisdiction of the Adjudicating Authority and Appellate Authority cannot extend into entering upon merits of a business decision made by a requisite majority of the CoC in its commercial wisdom – Nor is there a residual equity based jurisdiction in the Adjudicating Authority or the Appellate Authority

Aug 14, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PRATAP TECHNOCRATS (P) LIMITED AND OTHERS — Appellant Vs. MONITORING COMMITTEE OF RELIANCE INFRATEL LIMITED AND ANOTHER — Respondent ( Before : Dr. Dhananjaya…

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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