Supreme Court of India Judgements

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Category: I P C

I P C

Food Safety and Standards Act, 2006, S.30–Prohibition on sale of Tobacco–FIR for transportation and sale of Gutka/Pan Masala-Two questions were framed by High Court for consideration- Whether the Food Safety Officers can lodge complaints for offences punishable under the IPC? Whether the acts complained amounted to any offence punishable under the provisions of the IPC? Since all the submissions were not raised before High Court—Matter remanded back with liberty to parties to raise detailed submissions-Directions issued that no coercive action should be taken by police during pendency of matter before High Court—Indian Penal Code, 1860, S.272 & S.328.

Nov 8, 2018 sclaw

2018(3) Law Herald (SC) 2587 : 2018 LawHerald.Org 1600 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice S.A. Bobde Hon’ble Mr. Justice L. Nageswara Rao Criminal Appeal No.…

I P C

Adultery—A law which deprives women of the right to prosecute, is not gender-neutral—Wife of the adulterous male, cannot prosecute her husband for marital infidelity—S.497 IPC struck down being unconstitutional. Adultery—It is not a criminal offence but undoubtedly is a moral wrong qua the spouse and the family Adultery—Section 497 is a denial of the constitutional guarantees of dignity, liberty, privacy and sexual autonomy which are intrinsic to Article 21 of the Constitution

Nov 8, 2018 sclaw

                                 2018(3) Law Herald (SC) 2462 : 2018 LawHerald.Org 1598 IN THE SUPREME COURT OF…

I P C

Indian Penal Code, 1860, S.302, S.326 & S.34—Murder—Common Intention—Overt Act—Grievous Hurt—Acquittal – Except specifying that one assaulted the informant no other allegations are found against him—Ingredients of common intention on the part of the accused to do away with life of other two deceased are not forth coming from evidence on record—Appellant acquitted u/s 302 IPC but convicted w/s 326 IPC—Sentence reduced to already undergone.

Nov 2, 2018 sclaw

2018(3) Law Herald |SC) 1736 :2018 LawHerald.Org 1123 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice Mohan M. Shantanagoudar Criminal Appeal No.…

I P C

Abetment to Suicide—Abusive Language- -Appellant used abusive language against the deceased and called her prostitute—The deceased was aged 26 years and being a young unmarried girl could have been upset over such verbal abuse heaped on her which led her to take a decision of committing suicide by setting herself ablaze—Conviction upheld.           

Oct 9, 2018 sclaw

2018(3) Law Herald (SC) 2041 : 2018 LawHerald.Org 1426 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mr. Justice Vineet Saran   Criminal Appeal No.…

Constitution I P C

Section 498- A, Judgement ” In the aforesaid analysis, while declaring the directions pertaining to Family  Welfare  Committee  and  its  constitution  by  the  District  Legal Services   Authority   and   the   power   conferred   on   the   Committee   is impermissible.  Therefore,  we  think  it  appropriate  to  direct  that  the investigating officers be careful and be guided by the principles stated in Joginder  Kumar  (supra),  D.K.  Basu  (supra),   Lalita  Kumari  (supra) and  Arnesh  Kumar  (supra).  It  will  also  be  appropriate  to  direct  the Director  General  of  Police  of  each  State  to  ensure  that  investigating officers  who  are  in  charge  of  investigation  of  cases  of  offences  under Section  498-A IPC  should  be  imparted  rigorous  training with  regard  to the principles stated by this Court relating to arrest. In view  of  the  aforesaid  premises,  the  direction  contained  in paragraph 19(i) as a whole is not in accord with the statutory framework and the direction issued in paragraph 19(ii) shall be read in conjunction with the direction given hereinabove. Direction No. 19(iii) is modified to the extent that if a settlement is arrived at, the parties can approach the High Court under Section 482 of the Code of Criminal Procedure and the High Court, keeping in view the law laid down in Gian Singh (supra), shall dispose of the same. As far  as  direction  Nos.  19(iv),  19(v)  and  19(vi)  and  19(vii)  are concerned, they shall be governed by what we have stated in paragraph 35.

Sep 14, 2018 sclaw

    REPORTABLE     IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. 73 OF 2015 Social Action Forum for Manav Adhikar                    …Petitioner(s) and another…

I P C

Bar Council of India Act, S.36-B–Advocate–Removal of Name from State Rolls-­ Disciplinary Committee of the State Bar Council cannot continue with the inquiry after expiry of one year from the receipt of the complaint—In present case, order of removing name of an advocate by disciplinary committee of State Bar Council was passed after one year—impugned order set aside.

Aug 13, 2018 sclaw

(2017) 175 AIC 92 : (2017) 124 ALR 214 : (2017) 6 JT 512 : (2017) 2 KerLJ 150 : (2017) 1 LawHerald(SC) 668 : (2017) 3 LJR 686 : (2017) 2 RCR(Civil) 355…

You missed

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