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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I P C

Defamation — Imputation in Good Faith for Protection of Interests — Exception 9 to S. 499 IPC engrafts the principle of qualified privilege, stating it is not defamation to make an imputation on the character of another, provided it is made in good faith for the protection of the interest of the person making it, or of any other person, or for the public good

Apr 20, 2025 sclaw
Corporate

ESI – The definition of ‘principal employer’ under Section 2(17) is wide and includes not only the owner or occupier of a factory (or head of department in government establishments) but also the managing agent or any person responsible for the supervision and control of the establishment — Designation is immaterial if the person functions as a managing agent or supervises/controls the establishment

Apr 20, 2025 sclaw
Anticipatory Bail

Habitual Offender/Criminal Antecedents — Consideration of Nature of Current Offence — While the criminal antecedents and alleged status of an accused as a habitual offender are extremely relevant factors that ordinarily weigh against the grant of anticipatory bail, the High Court’s discretion in granting such bail may not warrant interference

Apr 20, 2025 sclaw
Circumstantial Evidence I P C

Murder (Filicide) vs. Suicide — In cases based on circumstantial evidence where the question is whether the death was homicidal (filicide) or suicidal, the prosecution must establish a complete chain of circumstances that points exclusively to the guilt of the accused and is inconsistent with any hypothesis of innocence

Apr 20, 2025 sclaw