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

Penal Code, 1860 (IPC) – Sections 326, 452 and 34 – Voluntarily causing grievous hurt by dangerous weapons – Enhancement of sentence – -This Court note that under the crime test, seriousness needs to be ascertained. The seriousness of the crime may be ascertained by (i) bodily integrity of the victim; (ii) loss of material support or amenity; (iii) extent of humiliation; and (iv) privacy breach.

Oct 28, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH STATE OF MADHYA PRADESH — Appellant Vs. UDHAM AND OTHERS — Respondent ( Before : N.V. Ramana, Mohan M. Shantanagoudar and Ajay Rastogi, JJ.…

I P C

Penal Code, 1860 (IPC) – Sections 34, 201, 302, 120B and 364 – Criminal Procedure Code, 1973 (CrPC) – Sections 161 and 313 – Evidence Act, 1872 – Sections 10, 65-B(4) and 106 – Murder – Common intention – Merely observing that it has been proven that A-1 and A-5 were complicit in a conspiracy to murder the deceased is insufficient to conclude the existence of such a conspiracy.

Oct 28, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJENDER @ RAJESH @ RAJU — Appellant Vs. STATE (NCT OF DELHI) — Respondent ( Before : Mohan M. Shantanagoudar and Ajay Rastogi, JJ.…

I P C

Penal Code, 1860 (IPC) – Sections 376, 499 and 506(2) – Evidence Act, 1872 -intercourse by the accused is proved and the question is whether it was without the consent of the woman alleged to have been raped, and such woman states in her evidence before the Court that she did not consent, the court shall presume that she did not consent Section 114-A – Criminal Procedure Code, 1973 (CrPC) – Section 482 – Rape –

Oct 27, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH MISS XYZ — Appellant Vs. STATE OF GUJARAT AND ANOTHER — Respondent ( Before : Uday Umesh Lalit, Indu Malhotra and R. Subhash Reddy,…

I P C

Penal Code, 1860 (IPC) – Sections 34, 417, 418, 420, 422, 120(B), 403, 406, 420 and 506(B) – Criminal Procedure Code, 1973 (CrPC) – Section 482 – Negotiable Instruments Act, 1881 (NI) – Section 138 – Though the contract is of civil nature, if there is an element of cheating and fraud it is always open for a party in a contract, to prosecute the other side for the offences alleged. Equally, mere filing of a suit or complaint filed under Section 138 of the N.I. Act, 1881 by itself is no ground to quash the proceedings. Appeal allowed

Oct 19, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DR. LAKSHMAN — Appellant Vs. THE STATE OF KARNATAKA AND OTHERS — Respondent ( Before : R. Banumathi and R. Subhash Reddy, JJ. )…

I P C

Motor Vehicles Act, 1988 – Sections 112, 132(1)(c), 133, 134, 183, 184, 185, 186, 187, 188, 208, 208(3), 209 – Penal Code, 1860 (IPC) – Sections 5, 279, 304 Part II and 304A IPC -………….we set aside the directions issued by the Gauhati High Court to the States of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Arunachal Pradesh to issue appropriate instructions to their subordinate officers to prosecute offenders in motor vehicle accidents only under the provisions of the Motor Vehicles Act, 1988 and not the IPC.

Oct 8, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  THE STATE OF ARUNACHAL PRADESH — Appellant Vs. RAMCHANDRA RABIDAS @ RATAN RABIDAS AND ANOTHERS — Respondent ( Before : Indu Malhotra and Sanjiv…

I P C

Conviction under Section 302/149 of the Indian Penal Code (IPC) – The appellants were undoubtedly the members of an unlawful assembly some of whom were also armed with spears and assaulted the deceased. All the accused surrounded the deceased obviously to prevent his escape.The fact that the co-accused may have assaulted on the head again cannot be considered very relevant to eschew the absence of common object.

Oct 4, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  FAINUL KHAN — Appellant Vs. STATE OF JHARKHAND — Respondent ( Before : Navin Sinha and B.R. Gavai, JJ. ) Criminal Appeal No(s). 937…

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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