Supreme Court of India Judgements

45716 Judgements hosted as on 10/09/2023 - Search (FREE), Subscribe, Read & Download

Category: I P C

Cr P C I P C

If the entire case of the prosecution is believed or accepted to be true, none of the ingredients to constitute the offence of dacoity punishable under Section 395 of the IPC is made out – None of the ingredients to constitute the offence punishable under Section 365, 342 and 506 respectively of the IPC are disclosed on plain reading of the FIR – FIR is nothing but abuse of the process of law – FIR quashed.

Aug 10, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HAJI IQBAL @ BALA THROUGH S.P.O.A. — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : B.R. Gavai and J.B. Pardiwala,…

I P C

Weapon used in the crime is a stick which was lying in the house, and which, by no means, can be called a deadly weapon – Possibility of accused causing the death of the deceased while being deprived of the power of self-control, due to the provocation on account of the deceased not agreeing to pay Rs.500/- to daughter, cannot be ruled out – Sentence already undergone would serve the ends of justice – Appeal allowed.

Aug 6, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NIRMALA DEVI — Appellant Vs. STATE OF HIMACHAL PRADESH — Respondent ( Before : B.R. Gavai and J.B. Pardiwala, JJ. ) Criminal Appeal No.…

I P C

Penal Code, 1860 – Ss 302 & 304-I – Army Act, 1950 – Section 69 – Murder – Conviction and Sentence – Alteration of – Appellant-accused contended that case will be governed by exception 4 to Section 300 of IPC as the incident was an outcome of a sudden fight and he acted in a heat of passion – Conviction of the accused for the offence punishable under Section 302 of IPC is altered to the one under Part 1 of Section 304 of IPC

Jul 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NO.15138812Y L/NK GURSEWAK SINGH — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : Abhay S. Oka and Sanjay Karol, JJ.…

I P C

Accused could only be attributed with the knowledge that it was likely to cause an injury which was likely to cause the death – Case on hand does not fall within clause thirdly of Section 300 of the IPC – Conviction of the accused under Section 304 Part I of the IPC is altered to one under Section 304 Part II of the IPC – Appeal partly allowed.

Jul 23, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ANBAZHAGAN — Appellant Vs. THE STATE REPRESENTED BY THE INSPECTOR OF POLICE — Respondent ( Before : B.R. Gavai and J.B. Pardiwala, JJ. )…

I P C

(IPC) – Sections 308 and 338 – The appellant, as a conductor, had a duty to take care of the passengers on the overcrowded bus – However, he failed to verify if all passengers had safely boarded the bus before signaling the driver to start – Despite knowing that many students were waiting at the bus stop, he neglected his duty and acted recklessly – As a result, PW-1 suffered a fractured pelvis, putting human life in danger

Jul 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ABDUL ANSAR — Appellant Vs. STATE OF KERALA — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. ) Criminal Appeal No.…

Determination of Sentence I P C

Determination of sentence – Culpable homicide not amounting to murder – the imposition of the “sentence undergone” criteria, amounted to an aberration, and the sentencing is for that reason, flawed – HELD the appropriate sentence would be five years rigorous imprisonment.

Jul 18, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UGGARSAIN — Appellant Vs. THE STATE OF HARYANA AND OTHERS — Respondent ( Before : S. Ravindra Bhat and Dipankar Datta, JJ. ) Criminal…

Acquittal I P C

(IPC) – Sections 376, 452 and 506 – Rape – where there is a gap or infirmity in the prosecution case which could have been supplied or made good by examining a witness who though available is not examined, the prosecution case can be termed as suffering from a deficiency and withholding of such a material witness would oblige the court to draw an adverse inference against the prosecution

Jul 18, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DAVINDER SINGH — Appellant Vs. STATE OF PUNJAB — Respondent ( Before : Surya Kant and M. M. Sundresh, JJ. ) Criminal Appeal No.…

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G S T

Himachal Pradesh Passengers and Goods Taxation Act, 1955 – appellants are public sector organizations providing free transportation to their employees and their children in remote hilly areas for safety reasons, and recognizing that a substantial amount of time has passed since the enactment of the Amendment and Validation Act of 1997 (approximately twenty-six years), and that the appellants may have replaced their motor vehicles or buses during this time, the appellants should be liable to pay the tax starting from April 1, 2023, the current financial year onwards, and not for the period before that.

Sep 19, 2023 sclaw
Acquittal

In this case, the appellant and the deceased were in a romantic relationship – However, when the deceased stopped communicating with the appellant, the appellant became upset – There was an altercation between them, witnessed by the deceased’s mother – conviction under Section 302 of the IPC is alter to Section 304 part II, and the appellant is sentenced to the period of imprisonment already served – If not needed in any other case, the appellant shall be released immediately – Appeal partly allowed.

Sep 19, 2023 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 – Section 5(24) – ‘related party’ – if an individual is a director of a private or public company and, along with relatives, holds more than two percent of the company’s share capital or paid-up share capital, that company is considered a ‘related party.’ – The explanation also specifies that both maternal and paternal uncles fall under the definition of ‘related party.’

Sep 19, 2023 sclaw
Matrimonial

Hindu Marriage Act, 1955 – Sections 13(1) and 13(1A) – Grant of Decree of divorce – Denial of – The parties in question have been living apart for fifteen years -there is no reason to prolong the distress of maintaining a marital status when they are not living together – In light of the mentioned reasons, the judgment of the Trial Court and the subsequent confirmation by the High Court is hereby overturned – As a result, the appeal is accepted, and a divorce decree is granted.

Sep 19, 2023 sclaw