Supreme Court of India Judgements

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Category: I P C

I P C

Criminal Law–Five persons convicted and sentenced by Session Court–Four accused preferred Criminal appeals–High Court allowed the appeal of one but in respect of others confirmed the order of conviction and sentence–Appeal before Supreme Court–Contention that when the High Court acquitted one of the accused not believing the prosecution story and granted benefit of doubt to him, such benefit ought to have been to the appellant also when a part of the prosecution story was not believable and was not behaved by the High Court, on the same set of facts and circumstances, it ought not to have convicted the appellant–Contention repelled

Dec 27, 2018 sclaw

2009(1) LAW HERALD (SC) 42 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice D.K. Jain Criminal Appeal No. 386 of 2007…

I P C

Voluntarily causing hurt with dangerous weapons–The facts involved in a particular case, depending upon various factors like size, sharpness, would throw light on the question whether the weapon was a dangerous or deadly weapon or not–That would determine whether in the case Section 325 or Section 326 IPC would be applicable.

Dec 25, 2018 sclaw

2009(1) LAW HERALD (SC) 1 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. 1956…

I P C

Murder—Single blow—One injury was caused to the deceased by farsi blow on the head which indicates that the appellant has not taken undue advantage of the deceased—Conviction u/s 302IPC modified to be u/s 304 Part-IIPC

Dec 23, 2018 sclaw

2018(4) Law Herald (SC) 3070 : 2018 LawHerald.org 1787 IN THE SUPREME COURT OF INDIA                                              Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Criminal Appeal No.…

I P C

Indian Penal Code, 1860, S.304 Part-II and S.34-Culpable Homicide-­ Common Intention—Occurrence had taken place at spur of the moment without premeditation—It cannot be said that the appellants had any common intention to kill or knowledge that death was likely to ensue- Therefore, in absence of common intention to kill, each appellant was liable for his own individual acts.

Dec 21, 2018 sclaw

2018(4) Law Herald (SC) 2940 : 2018 LawHerald.org 1763 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Navin Sinha Hon’ble Mr. Justice K.M. Joseph Criminal Appeal No. 1540…

I P C

Indian Penal Code, 1860, S.306—Abetment to Suicide—Reduction in Sentence—Appellant (Father-in-law) was harassing the deceased so to bring money from her parents as her husband was not working-­ Deceased has specially attributed the overt act of the appellant pouring kerosene and setting up fire on appellant (father-in-law)– Incident was of the year 1986 and State has not filed appeal against                        acquittal u/s 302 IPC—Conviction upheld—Appellant directed to undergo remaining sentence.

Dec 20, 2018 sclaw

2018(4) Law Herald (SC) 2914 : 2018 LawHerald.Org 1618 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Criminal Appeal No(s). 1597…

I P C

Rape— Women of easy virtue—A woman of easy virtue also could not be raped by a person for that reason. Perjury—Police Officers—To initiate prosecution under Section 195 Cr.P.C too readily that too against the police officials who were conducting the investigation may not be a correct approach.

Dec 18, 2018 sclaw

2018(4) Law Herald (SC) 2883 : 2018 LawHerald.Org 1755 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Criminal Appeal No. 2299…

I P C

Indian Penal Code, 1860, S.302~Murder—Premature Release—Petitioner has been in jail for over 29 years and with remission total sentence undergone is 36 years—Petitioner has also crossed the age of 60 years—As per rules a person who has crossed 60 years of age and served 16 years of sentence, without remission, is entitled to be considered for premature release- Directed accordingly.   

Dec 16, 2018 sclaw

2018(4) Law Herald (SC) 2827 : 2018 LawHerald.Org 1742 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Kurian Joseph  Hon’ble Mr. Justice S. Abdul Nazeer Writ Petition (Criminal)…

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Arbitration Constitution

Arbitration and Conciliation Act 1996 – Sections 34 and 37 – Curative petition – The Court found that the arbitral tribunal’s decision was not perverse or irrational and that the CMRS certificate did not conclusively prove that defects were cured within the cure period – The Court emphasized the tribunal’s domain to interpret the contract and the limited scope of judicial interference in arbitral awards – The Supreme Court concluded that the curative petition was maintainable and that there was no miscarriage of justice in restoring the arbitral award.

Apr 14, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) – Section 302, read with 34 – Murder – The Supreme Court found that the High Court did not properly address whether the Trial Court’s acquittal was a plausible conclusion from the evidence – The Supreme Court emphasized that the burden of proof lies with the prosecution and that the accused do not have to prove their innocence unless there is a statutory reverse onus – The Supreme Court concluded that the evidence did not warrant overturning the acquittal, as the Trial Court’s view was possible and not perverse.

Apr 14, 2024 sclaw
I P C

Penal Code, 1860 (IPC) – Section 302 – Murder – Dispute over a blocked pathway – The Court found no evidence of provocation by the deceased that would justify the appellants’ brutal attack, nor any exercise of the right to private defence – The Court applied principles from previous judgments to determine the lack of private defence and the presence of intention to cause harm – The Supreme Court concluded that the appellants’ actions were not in self-defence and that their intention was to inflict harm, affirming the lower courts’ decisions.

Apr 14, 2024 sclaw
Consumer

Consumer Law – Insurance Act, 1938 – Section 45 – Policy not to be called in question on ground of mis-statement after two years – The Court found no suppression of material facts and criticized the NCDRC for not requiring proper evidence from the respondent – The judgment discusses the principles of ‘uberrimae fidei’ (utmost good faith) and the burden of proof in insurance contracts – The Court concluded that the insurance company failed to prove the alleged suppression of facts, thus the repudiation was unjustified.

Apr 14, 2024 sclaw