Supreme Court of India Judgements

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Category: I P C

I P C

(IPC) – Ss 147, 323, 325 read with 149 – Voluntarily Causing hurt – Reduction in sentence – Sudden incident for plucking the Jamun (fruit) and there was no intention to cause the injuries – Conviction confirmed – Sentence imposed Trial Court and High Court modified and reduced to the period already undergone

Aug 26, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH KARTHICK AND OTHERS — Appellant HASH THE STATE REPRESENTED BY INSPECTOR OF POLICE, KANCHEEPURAM DISTRICT, TAMIL NADU — Respondent ( Before : R.…

I P C

HELD “Mere production of photocopy of an OPD card and statement of mother on affidavit have little, if any, evidentiary value. In order to successfully claim defence of mental unsoundness under Section 84 of IPC . Further, it must be established that the accused was afflicted by such disability particularly at the time of the crime and that but for such impairment, the crime would not have been committed

Aug 19, 2020 sclaw

  “Belated claims not only prevent proper production and appreciation of evidence, but they also undermine the genuineness of the defence’s case.” “Pleas of unsoundness of mind under Section 84…

I P C

Attempt to murder–It is sufficient to justify a conviction under Section 307 if there is present an intent coupled with some overt act in execution thereof Attempt to murder—-To justify a conviction under Section 307 I.P.C., it is not essential that bodily injury capable of causing death should have been inflicted

Jul 7, 2020 sclaw

IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Asok Kuamr Ganguly Criminal Appeal No. 191 of 2009 (Arising out of SLP…

Evidence Act I P C

Criminal Jurisprudence–If a person is charged under a grave Section, but however, if acquitted under the said grave section by the Trial Court, then it would amount to travesty of Justice if in his own appeal he is convicted under that grave section, without there being any appeal from the State and without there being prior notice of enhancement issued by the appellate Court.  

Jul 7, 2020 sclaw

Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Dr. Mukundakam Sharma Criminal Appeal No. 62 of 2009 (Arising out of S.L.P. (Crl.) No. 2872 of 2008) Jarnail…

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SARFAESI

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — Auction Sale — Compliance with Rule 9 — Mandatory Nature — Payment of Balance 75% Beyond 15-Day Period — No Written Agreement for Extension — Sale Set Aside — Article 142 — Redemption Opportunity Granted to Legal Heirs of Deceased Guarantor.

Jun 12, 2026 sclaw
Cr P C

Third Judge under S. 392 CrPC cannot disturb unanimous Division Bench findings; reference confined to disagreed accused only.–Criminal Procedure Code, 1973 (CrPC) — Section 392 — Third Judge — Power to give independent opinion — Options available — When an appeal is heard by a Division Bench and the Judges are divided in opinion, the appeal is laid before a third Judge under S. 392 — The third Judge is not confined to choosing between the two views expressed by the Division Bench Judges — The third Judge may: (i) agree with either of the two opinions expressed; (ii) form an independent view at divergence with both opinions; or (iii) where warranted, receive additional evidence under S. 391 before forming an opinion — The opinion of the third Judge governs and the judgment follows therefrom.

Jun 12, 2026 sclaw
Constitution Service

Constitution of India, 1950 — Article 226(1) — Territorial jurisdiction — Writ petition by CAPF personnel — Delhi High Court — Jurisdiction based on situs of respondent’s office —The Delhi High Court has territorial jurisdiction under Art. 226(1) of the Constitution to entertain a writ petition preferred by any enrolled member of the Border Security Force or any Central Armed Police Force (CAPF) who is aggrieved by an administrative order of termination of service, by reason of the situs of the offices of the Union of India and the Director General of the concerned CAPF in New Delhi — and this jurisdictional competence subsists notwithstanding that the impugned order of termination was issued from a place outside the territorial limits of the Delhi High Court and that no part of the cause of action arose within such limits — The Union of India and the Director General, BSF are necessary parties to such a writ petition by virtue of Ss. 4 and 5 of the BSF Act and the requirement under R. 22(4) of the BSF Rules that every order of dismissal/removal be reported to the Director General; there is, moreover, a presumption that official acts have been regularly performed.

Jun 12, 2026 sclaw
Accident

Motor Vehicles Act, 1988 — Section 168 — Compensation — Death of homemaker — New head of ‘Loss of Domestic Care’ — Basis and quantum — The conventional method of computing compensation upon the death of a homemaker suffers from an inherent disadvantage — Notional income, as assigned by earlier decisions, fails to capture the economic, emotional and managerial contributions that a homemaker makes to the household and to nation-building at large — In recognition of the multifarious yet unquantified roles of a homemaker — (i) contribution towards smooth functioning of the household; (ii) loss of maternal support to children; and (iii) loss of spousal/parental support — a composite sum of Rs. 30,000/- per month shall be added under the head ‘Loss of Domestic Care’ — This sum shall serve as the stand-in monthly income where the homemaker has no conventional monetary income — It shall be revised cumulatively by 10% every three years — Where the homemaker is part of the paid workforce, this head shall be in addition to the proved monthly income.

Jun 12, 2026 sclaw