Supreme Court of India Judgements

46468 Judgements hosted as on 12/05/2024 - Search (FREE), Subscribe, Read & Download

Category: I P C

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…

I P C

Unlawful assembly “to snatch the voters list and to cast bogus voting” – Essence of the electoral system should be to ensure freedom of voters to exercise their free choice – Any attempt of booth capturing and/or bogus voting should be dealt with iron hands because it ultimately affects the rule of law and democracy – Nobody can be permitted to dilute the right to free and fair election – Appeal dismissed

Aug 8, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH LAKSHMAN SINGH — Appellant Vs. STATE OF BIHAR (NOW JHARKHAND) — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M.R. Shah, JJ. )…

I P C

Circumstantial evidence – Last seen theory – If the accused fails to offer any plausible explanation, an adverse inference can be drawn against the accused – HELD the Courts have to not only consider the factum of last seen, but also have to keep in mind the circumstances that preceded and followed from the point of the deceased being so last seen in the presence of the accused.

Aug 7, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH SURAJDEO MAHTO AND ANOTHER — Appellant Vs. THE STATE OF BIHAR — Respondent ( Before : N.V. Ramana, CJI, Surya Kant and Aniruddha Bose,…

I P C

HELD “Thus, for covering an offence under Section 364A (IPC) , apart from fulfillment of first condition, the second condition, i.e., “and threatens to cause death or hurt to such person” also needs to be proved in case the case is not covered by subsequent clauses joined by “or”.”

Jun 28, 2021 sclaw

Issues framed by the Supreme Court The Supreme Court considered the following issues : I.What are the essential ingredients of Section3 46A to be proved beyond reasonable doubt by the…

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I P C

Penal Code, 1860 (IPC) – Sections 376(2)(g) and 506(1) – Tamil Nadu Prevention of Women Harassment Act, 1998 – Section 4 – Gang Rape – The victim’s testimony, along with her mother and aunt’s statements, was consistent with the initial complaint and corroborated by medical evidence – The defense argued that the long gap between the victim’s examination-in-chief and cross-examination led to inconsistencies in the witnesses’ testimonies – Whether the long gap between the victim’s examination-in-chief and cross-examination led to inconsistencies in the witnesses’ testimonies – The inconsistencies in the witnesses’ testimonies were not significant and did not affect the overall credibility of the evidence – The court dismissed the appeal and upheld the conviction of the appellant for gang rape and related charges – The court rejected the defense’s argument that the long gap between the victim’s examination-in-chief and cross-examination led to inconsistencies in the witnesses’ testimonies – The court found that the evidence presented was sufficient to convict the appellant for gang rape and related charges – The Supreme Court found that the evidence presented was sufficient to convict the appellant and rejected the defence’s arguments regarding inconsistencies in the witnesses’ testimonies.

May 12, 2024 sclaw
Limitation

Dismissal of Civil Suit – Condonation of delay – Standing to file an application – The court clarified that only parties to a suit or those who have accrued a right in the lis can file an application for condonation of delay in filing an application for restoration of the suit. A stranger to the proceedings cannot file such an application.

May 12, 2024 sclaw
Limitation

Limitation Act, 1963 – Haryana Public Moneys (Recovery of Dues) Act, 1979 – Section 3(1)(b) – State Financial Corporation Act, 1951 – Section 29 – The appeals arise from a High Court judgment regarding the recovery of time-barred debts under the Act, 1979, and the Act, 1951 – The main issue is whether a debt time-barred under the Limitation Act can be recovered using the aforementioned Acts – The appellants argued that time-barred debts cannot be recovered under the Recovery of Dues Act, citing the precedent set in V.R. Kalliyanikutty – The respondents argued that the Recovery of Dues Act and the State Financial Corporations Act allow for time-barred debt recovery, as they only bar the remedy, not the right – The court examined whether the Recovery of Dues Act creates a new right for creditors and allows for time-barred debt recovery – The court discussed the distinction between a debt and the right of action for its recovery, noting that the statute of limitation bars the latter but not the former – The court concluded that the Recovery of Dues Act and the State Financial Corporations Act provide an alternative mechanism for recovering debts, even if they are time-barred – Matter needs to be placed before the Hon’ble Chief Justice of India to constitute an appropriate three-judge bench.

May 12, 2024 sclaw
Consumer

Consumer Law – Policy Claim – The appellants, family of the deceased, filed a complaint after the LIC repudiated their claim on a policy following the policyholder’s accidental death – The main issue was whether there was a concluded contract between the deceased and LIC at the time of his death, which would obligate LIC to pay the insurance benefits – The appellants argued that LIC had accepted the first premium and issued a receipt, thereby assuming risk and concluding the contract before the policyholder’s death – LIC contended that the policy was not communicated to the deceased and was blocked due to his demise, implying no concluded contract existed – The Supreme Court set aside the NCDRC’s order, restored the District Forum’s order in favor of the appellants, and directed LIC to pay the insurance benefits as per the policy terms – The Court found clear presumption of acceptance of the policy by LIC, as the first premium receipt indicated the corporation was on risk from the receipt date – The Court relied on precedents that establish the principles of insurance contracts and the obligations of good faith expected from insurers – The Supreme Court concluded that LIC had indeed entered into a contract with the policyholder before his death, and thus, was liable to pay the insurance benefits to the appellants.

May 12, 2024 sclaw