Supreme Court of India Judgements

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Category: I P C

I P C

Penal Code, 1860 (IPC) – Sections 304 Part II – Culpable homicide not amounting to murder – Reduction of sentence – Land dispute – Sudden quarrel – No premeditated or preplanned incident – While confirming the conviction for offence under Section 304(ii) of the IPC – Sentence reduced form ten years to two years rigorous imprisonment with fine.

Jan 2, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  GOVINDAN — Appellant Vs. STATE REPRESENTED BY THE DEPUTY SUPERINTENDENT OF POLICE — Respondent ( Before : R. Subhash Reddy and Hrishikesh Roy, JJ.…

I P C

Robbery, or dacoity, with attempt to cause death or grievous hurt – If the charge of committing the offence is alleged against all the accused and only one among the ‘offenders’ had used the firearm or deadly weapon, only such of the ‘offender’ who has used the firearm or deadly weapon alone would be liable to be charged under Section 397 IPC

Jan 2, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH RAM RATAN — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : N.V. Ramana, CJI, A.S. Bopanna and Hima Kohli, JJ. )…

I P C

Penal Code, 1860 (IPC) – Sections 392 and 397 – Madhya Pradesh Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam, 1981 – Sections 11 and 13 – Robbery, or dacoity, with attempt to cause death or grievous hurt – If the charge of committing the offence is alleged against all the accused and only one among the ‘offenders’ had used the firearm or deadly weapon, only such of the ‘offender’ who has used the firearm or deadly weapon alone would be liable to be charged under Section 397 IPC

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH RAM RATAN — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : N.V. Ramana, CJI, A.S. Bopanna and Hima Kohli, JJ. )…

I P C

Penal Code, 1860 (IPC) – Sections 304 Part II – Culpable homicide not amounting to murder – Reduction of sentence – Land dispute – Sudden quarrel – No premeditated or preplanned incident – While confirming the conviction for offence under Section 304(ii) of the IPC – Sentence reduced form ten years to two years rigorous imprisonment with fine.

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GOVINDAN — Appellant Vs. STATE REPRESENTED BY THE DEPUTY SUPERINTENDENT OF POLICE — Respondent ( Before : R. Subhash Reddy and Hrishikesh Roy, JJ.…

I P C

(IPC) – Sections 363, 366, 376(2)(i), 377, 201, 302 read with Section 376A – Protection of Children from Sexual Offences Act, 2012 – Conduct of the appellant in the prison has been found to be satisfactory – There are no criminal antecedents – It is the first offence committed by the appellant – No doubt, a heinous one – Appellant is not a hardened criminal – It therefore cannot be said that there is no possibility of the appellant being reformed and rehabilitated foreclosing the alternative option of a lesser sentence and making imposition of death sentence imperative – the death penalty imposed on the appellant under Section 302 IPC is commuted to life imprisonment

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH LOCHAN SHRIVAS — Appellant Vs. THE STATE OF CHHATTISGARH — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and B.V. Nagarathna, JJ. )…

I P C

Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 – Section 6(1) – Notice of forfeiture – Section 6(1) of the 1976 Act nowhere provides that it is “mandatory” to serve the convict or detenu with a primary notice under that provision whilst initiating action against the relative of the convict –

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE INCOME TAX OFFICER, CIRCLE I (2), KUMBAKONAM AND ANOTHER — Appellant Vs. V. MOHAN AND ANOTHER — Respondent ( Before : A.M. Khanwilkar…

I P C

(IPC) – Sections 391, 395 and 397 – Robbery, or dacoity, with attempt to cause death or grievous hurt – Mere acquittal of some of the accused on the same evidence by itself does not lead to a conclusion that all deserve to be acquitted in case appropriate reasons have been given on appreciation of evidence both in regard to acquittal and conviction of the accused

Dec 16, 2021 sclaw

(2021) 13 SCALE 284 SUPREME COURT OF INDIA DIVISION BENCH GANESAN AND OTHER — Appellant Vs. STATE REP. BY STATION HOUSE OFFICER AND OTHER — Respondent ( Before : Dr.…

I P C

Penal Code, 1860 (IPC) – Section 302 read with Section 34 – Murder – Common intention – An exhortation given by an accused immediately before a co-accused fired a shot killing the deceased would prove his involvement in the crime beyond reasonable doubt – Conviction of the accused under Sections 302 and 34 of the IPC upheld.

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH GULAB — Appellant Vs. STATE OF UTTAR PRADESH — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, A.S. Bopanna and Vikram Nath, JJ. )…

I P C

(IPC) – Ss 201, 302 506-B – Gruesome murder of two of his siblings and one nephew – Conversion of death sentence to life imprisonment for a period of 30 years — It cannot therefore be said that there is no possibility of the appellant being reformed and rehabilitated foreclosing the alternative option of a lesser sentence and making imposition of death sentence imperative – This Court convert the sentence imposed on the appellant from death to life – Death sentence awarded to the appellant is converted to life imprisonment for a period of 30 years:

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH BHAGCHANDRA — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and B.V. Nagarathna, JJ. ) Criminal…

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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