I P C Archives - Page 40 of 63 - Supreme Court of India Judgements

March 31, 2026 4:12 pm

Culpable Homicide not amounting to murder—Deceased (husband) provoked the accused (wife) by calling her and her daughters ‘prostitute’—Said conduct of deceased deprived accused of power of self control—Deceased to be convicted u/s 304-1IPC and not underS.302 IPC

Apr 4, 2019 sclaw

2019(1) Law Herald (SC) 659 : 2019 LawHerald.Org 615 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Mohan M. Shantanagoudar Hon’ble Mrs. Justice Dinesh Maheshwari Criminal Appeal No…

I P C

Murder–An attack with a deadly weapon on the vital part of the body and that proved to be a fatal blow–Exception 4 to Section 300 has no application. Murder–Exception 4 to Section 300 IPC applies in the absence of any premeditation.

Mar 31, 2019 sclaw

2009(1) LAW HERALD (SC) 597 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Asok Kuamr Ganguly Criminal Appeal No. of…

I P C

–The appellants herein have been convicted and sentenced for the offences punishable under Sections 365 and 352 of the Indian Penal Code–HELD –On going through the evidence of PW1 in its entirety, we concur with the opinion rendered by the courts below that her evidence appears to be natural, consistent, probable and reliable. Her evidence remains unimpeached on material particulars. PW1 has given the details of the incident in question and we do not find any major contradiction in her evidence so as to disbelieve her testimony.

Mar 31, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH RAJAGOPAL AND OTHERS — Appellant Vs. THE STATE OF TAMIL NADU — Respondent ( Before : N.V. Ramana, Mohan M. Shantanagoudar and Indira Banerjee,…

I P C

Penal Code, 1860 (IPC) – Sections 141, 147, 149 and 302 – Criminal Procedure Code, 1973 (CrPC) – Section 157 – Mere presence in an unlawful assembly cannot render a person liable unless there was a common object, being one of those set out in Section 141 I.P.C

Mar 31, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH AMRIKA BAI — Appellant Vs. THE STATE OF CHHATTISGARH — Respondent ( Before : N.V. Ramana, Mohan M. Shantanagoudar and Indira Banerjee, JJ.…

I P C

Penal Code, 1860 (IPC) – Sections 170, 395 and 412 – Criminal Procedure Code, 1973 (CrPC) – Section 313 – Dacoity –While maintaining the conviction, the impugned judgment and order passed by the High Court by which the accused are sentenced to undergo seven years R.I. is hereby modified and both the accused are sentenced to undergo five years R.I. for the offences for which they are convicted – Appeals partly allowed.

Mar 31, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JAHANGIR HUSSAIN AND OTHERS — Appellant Vs. STATE OF WEST BENGAL — Respondent ( Before : L. Nageswara Rao and M.R. Shah, JJ. )…

I P C

Abetment to Suicide—Proximity of Time—Conviction is not sustainable on the allegation of harassment without there being any positive action proximate to the time of occurrence on the part of the accused, which led or compelled the person to commit suicide.

Mar 27, 2019 sclaw

2019(1) Law Herald (SC) 316 : 2019 LawHerald.Org 521 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageshwara Rao Hon’ble Mr. Justice M.R. Shah Criminal Appeal No.…

I P C

Murder—Rape of girl aged 8 years—No finding recorded by courts below to the effect that there is no possibility of reformation of appellant-Death sentence converted into imprisonment for life.

Mar 25, 2019 sclaw

2019(1) Law Herald (SC) 252 : 2019 LawHerald.Org 507 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice S.A. Bobde Hon’ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice…

I P C

Murder—Acid Attack—Accused poured acid on face of deceased—In circumstances of case intention seems to severely injure or disfigure the deceased—Death sentence converted into life sentence.

Mar 25, 2019 sclaw

2019(1) Law Herald (SC) 248 : 2019 LawHerald.Org 506 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice S.A. Bobde Hon’ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice…

I P C

Criminal Breach of trust by Public Servant—Reduction in Sentence—Embezzlement of 85 litres of diesel from depot of State Transport by its bus driver—Appellant is now in his late sixties and no longer in service—He is also ailing and is not involved in any other criminal activity—Sentence reduced to period already undergone with increment in fine

Mar 24, 2019 sclaw

2019(1) Law Herald (SC) 204 : 2018 LawHerald.Org 2056 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mrs. Justice Indu Malhotra Criminal Appeal No.…

I P C

Previous Bad Character—Use of previous bad character evidence is prohibited except when the convict himself chooses to lead evidence of his good character. Murder—Death Sentence—Life Imprisonment—The criminal, however ruthless he might be, is nevertheless a human being and is entitled to a life of dignity notwithstanding his crime. Murder—Death Sentence—Where the social re-integration of the convict may not be possible, the option of a long duration of imprisonment is permissible. DNA Test—Failure to produce available DNA evidence leads to an adverse presumption against the prosecution and in favour of appellant for the purpose of sentence only.

Mar 24, 2019 sclaw

2019(1) Law Herald (SC) 172 : 2018 LawHerald.Org 2051 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Madan B. Lokur Hon’ble Mr. Justice S. Abdul Nazeer Hon’ble Mr.…

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Land Acquisition National Highways Authority Act

National Highways Act, 1956 — Amendments and compensation provisions — Section 3-J introduced in 1997 removed applicability of Land Acquisition Act, 1894 (1894 Act) provisions for solatium and interest — Overturned by various High Courts, including reading down Sections 3-G and 3-J to grant solatium and interest — Subsequently, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act) and its amended provisions extended to NH Act — Court clarified that landowners acquired lands under NH Act between 1997 and 2015 are entitled to solatium and interest — Review Petition filed by NHAI arguing financial burden was underestimated rejected, but clarification on delayed claims issued.

Mar 29, 2026 sclaw

C P C

Civil Procedure Code, 1908 (CPC) — Order 21 Rule 102 — Applicability — Provision contemplates a situation where a judgment debtor transfers property after institution of suit to a person who then obstructs execution — Not applicable where respondents derived title from independent registered sale deeds, not from the judgment debtor.

Mar 29, 2026 sclaw

Land Acquisition

Land Acquisition Act, 1894 — Section 28-A — Re-determination of compensation — Second application for re-determination based on High Court award maintainable even after accepting compensation based on Reference Court award — Principle of merger means appellate court’s award supersedes earlier award, entitling landowners to benefit from higher compensation — Object of Section 28-A is to ensure equality in compensation among similarly placed landowners.

Mar 29, 2026 sclaw

Electricity Act

Electricity Act, 2003 — Section 61, 86 — Tariff determination and Generation Based Incentive (GBI) — State Electricity Regulatory Commission (SERC) has exclusive power to determine tariff — Ministry of New and Renewable Energy (MNRE) introduced GBI to incentivise renewable energy generation — GBI is intended to be over and above the tariff fixed by SERC — SERC must consider GBI while determining tariff, but not necessarily deduct it — SERC’s power to determine tariff includes considering incentives — Parliament’s allocation of funds for GBI does not prevent SERC from considering it in tariff — SERC must exercise its power harmoniously with other stakeholders to achieve policy objectives.

Mar 29, 2026 sclaw

Category: I P C

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