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

Medical Professionals Should Not Be Dragged Into Criminal Proceedings Unless Negligence Of A High Order Is Shown: SC HELD in case of criminal negligence against a medical professional it must be shown that the accused did something or failed to do something in the given facts and circumstances of the case which no medical professional in his ordinary senses and prudence would have done or failed to do

Feb 16, 2020 sclaw

Medical Professionals Should Not Be Dragged Into Criminal Proceedings Unless Negligence Of A High Order Is Shown: SC [Read Judgment] LIVELAW NEWS NETWORK 16 Feb 2020 7:22 PM The Supreme…

I P C

Criminal Trial Law Does Not Taboo Adopting Of The Alternate Pleas By Accused HELD a murder accused can take a plea that he was not at all involved in the act which resulted in the death of the deceased, but that does not deprive him/her of the right to establish the fact that the case against him would still be embraced within any of the exceptions under Section 300 IPC.

Jan 26, 2020 sclaw

[Criminal Trial] Law Does Not Taboo Adopting Of The Alternate Pleas By Accused: SC [Read Judgment] LIVELAW NEWS NETWORK 26 Jan 2020 8:27 PM The law does not taboo adopting…

I P C

Penal Code, 1860 (IPC) – Section 302 – Arms Act, 1959 – Section 25 – Criminal Procedure Code, 1973 (CrPC) – Section 313 – Evidence Act, 1872 – Sections 27 and 106 – Murder of wife – Burden of Proof – Where an offence like murder is committed in secrecy inside a house, the initial burden to establish the case would undoubtedly be upon the prosecution, but the nature and amount of evidence to be led by it to establish the charge cannot be of the same degree as is required in other cases of circumstantial evidence.

Jan 22, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NAWAB — Appellant Vs. STATE OF UTTARAKHAND — Respondent ( Before : Ashok Bhushan and Navin Sinha, JJ. ) Criminal Appeal No. 884 of…

I P C

Penal Code, 1860 (IPC) – Sections 34, 300, 302, 498-A, Section 304-Part II – Criminal Procedure Code, 1973 (CrPC) – Sections 313 – Evidence Act, 1872 – Section 106 – Murder of wife by throttling – Conviction and Sentence – Appeal against – In particular injuries suffered, it is quite clear that the act would fall within the scope of Section 300 of the IPC

Jan 21, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PAUL — Appellant Vs. STATE OF KERALA — Respondent ( Before : Sanjay Kishan Kaul and K.M. Joseph, JJ. ) Criminal Appeal No. 38…

I P C

Penal Code, 1860 (IPC) – Sections 302, 404 and 34 – Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Sections 3 and 3(2)(v) – Murder – Appeal against Order of discharge – HELD In such a situation the proceedings shall proceed in an appropriate court for the offences punishable under IPC notwithstanding investigation and the charge­sheet being not liable to be accepted only in respect of offence under Section 3 of the Act for taking cognizance of that offence

Jan 20, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF MADHYA PRADESH — Appellant Vs. BABBU RATHORE AND ANOTHER — Respondent ( Before : Indu Malhotra and Ajay Rastogi, JJ. ) Criminal…

I P C

Penal Code, 1860 (IPC) – Sections 300-Exception 4, 302, 304, 304-Part-I, 304-Part-II – Death due to injury in quarrel – Alteration of sentence – It is true that the deceased died because of the injuries caused by the accused – However, as observed above, the incident had taken place on the spur of the moment and after some altercation the accused took the lathi which was lying there and caused the injury on the head of the deceased – The offence committed does not amount to murder.

Jan 7, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ANANTA KAMILYA — Appellant Vs. STATE OF WEST BENGAL — Respondent ( Before : Ashok Bhushan and M. R. Shah, JJ. ) Criminal Appeal…

I P C

Penal Code, 1860 (IPC) – Sections 166, 165, 420, 468 and 471 – Prevention of Corruption Act, 1947 – Sections 5(1)(d) and 5(2) – Cheating – Appeal against conviction and sentence – Appellant knowing fully well that the invoices/bills were fake and fabricated, were presented on behalf of the firm to the bank and thus cheated the bank – Crime test requires to evaluate and provide adequate deference to factors such as role of the accused and his position within the rank of conspirators, among other things

Dec 22, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH MAYANK N SHAH — Appellant Vs. STATE OF GUJARAT AND ANOTHER — Respondent ( Before : N.V. Ramana, R. Subhash Reddy and B.R. Gavai,…

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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