Supreme Court of India Judgements

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Category: I P C

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…

I P C

Indian Penal Code, 1860, S.307 and S.34–Attempt to Murder-Common Intention- -Appellant came along with three other person—One of them with the bomb- Accused 4 in coming together with the other four accused and going together with them, and in shouting the words “Kill him” certainly attracted the change under Section 307 read with Section 34 of the code

Aug 11, 2018 sclaw

(2017) 100 ACrC 937 : (2017) 177 AIC 267 : (2017) AIR(SCW) 1415 : (2017) AIR(SC) 1415 : (2017) ALLMR(Cri) 3116 : (2017) 2 ALT(Crl) 69 : (2017) 2 AndhLD(Criminal)…

I P C

Indian Penal Code, 1860, S.307–Attempt to Murder–Non-examination of investigating officer—Since the evidence of eye witnesses has remained unimpeached, and as there are no major contradictions or omissions in the evidence of these witnesses, the non-examination of the Investigating Officer by the prosecution may not tilt the balance in favour of the defence

Aug 10, 2018 sclaw

(2017) 99 ACrC 901 : (2017) 174 AIC 76 : (2017) 2 AICLR 356 : (2017) AIR(SCW) 1400 : (2017) 4 AIRJharR 95 : (2017) AIR(SC) 1400 : (2017) 1…

I P C

Culpable Homicide—Acquittal—Navjot Singh Sidhu case—Accused gave a single fist blow on head of deceased in a road rage which proved fatal—Cause of death was bleeding/hemorrhage in brain—Medical evidence did not support the allegation that brain injury was due to head injury inflicted by accused—Accused acquitted u/s 304 Part I and convicted u/s 323 IPC.

Jul 28, 2018 sclaw

  (2018) AIR(SC) 2395 : (2018) 5 JT 182 : (2018) 2 LawHerald(SC) 562 : (2018) 7 SCALE 402 SUPREME COURT OF INDIA DIVISION BENCH RUPINDER SINGH SANDHU — Appellant Vs. STATE OF PUNJAB…

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C P C

A party should not suffer due to the negligence of their counsel, and a restoration application under Order IX Rule 13 of the CPC can serve as an application for condonation of delay if it explains the reasons for the delay, so that courts should focus on the merits of a case rather than being hindered by procedural technicalities A. Civil Procedure Code, 1908 (CPC) — Order 9 Rule 13 — An application under Order 9 Rule 13 can also serve as an application for condonation of delay — The court cites Bhagmal and Ors Vs. Kunwar Lal and Others, to support its finding that where the delay in filing an application under Order 9 Rule 13 of the CPC is explained within the application itself, there is no need for a separate application for condonation of delay — The court emphasizes that the procedure is a handmaid of justice, and hyper-technical interpretations of rules should not stand in the way of achieving a just outcome.

Dec 28, 2024 sclaw
Anticipatory Bail

Anticipatory bail should not be granted routinely, especially in serious offenses like murder, and that courts must consider the severity of the charges, the evidence, and the materials on record, including the charge sheet Penal Code, 1860 (IPC) — Section 302 — Murder — The Supreme Court overturned the Patna High Court’s decision to grant anticipatory bail to respondents in a murder case — The case originated from an incident where the appellant’s nephew was allegedly set on fire by the respondents — The court emphasized that anticipatory bail should not be granted mechanically, particularly in severe offenses like murder, and the High Court had erred in not considering the gravity of the charges and the evidence, including the charge sheet which stated that the case against the accused persons was found to be true — The Supreme Court directed the respondents to surrender to the trial court and apply for regular bail, to be considered on its merits — The Supreme Court’s decision underscores the importance of a thorough review of case details and allegations before granting anticipatory bail, especially in cases of serious crimes.

Dec 28, 2024 sclaw
Service

Service Law — Regularization of services for long-term, part-time employees — The court found that the appellants’ continuous service for over a decade, performing essential duties, should not be disregarded simply because their initial appointments were labeled as part-time or contractual — The court noted the indispensable nature of their work, the lack of any performance issues, and that their duties were similar to those of regular employees — The court emphasized that the nature of their work was perennial and fundamental, requiring their classification as regular posts — The court also found that the appellants’ abrupt termination was unjustified and violated principles of natural justice, and the argument against their regularization based on educational qualifications was untenable — The court noted discriminatory practices as other employees with similar or shorter service had been regularized — The court clarified that the Uma Devi judgment was not intended to penalize employees who have served long years in essential roles and that “irregular” appointments should be considered for regularization, especially when they are not “illegal” and the employees have served continuously against sanctioned functions.

Dec 28, 2024 sclaw
Child Custody Matrimonial

For best interest and welfare of the child are the paramount considerations when determining visitation rights A. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — The paramount consideration when determining visitation rights is the best interest and welfare of the child — This principle takes precedence over the rights of the parents — The court emphasizes that a child’s health and well-being must not be compromised in the process of adjudicating parental rights. B. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Both parents have a right to the care, company, and affection of their child — However, this right is not absolute and must be balanced with the need to protect the child’s welfare — In this case, the court acknowledges the father’s right to visit his daughter but ensures that these visits do not negatively impact the child. C. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Matrimonial disputes and serious allegations between parents should not impede a child’s right to the care and company of both parents — The court separates the child’s welfare from the conflict between the parents. D. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Visitation arrangements must not cause undue hardship to the child — The court modified the High Court’s order, which required the child to travel 300 kilometers every Sunday, as it was deemed detrimental to the child’s health and well-being. E. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — The location for visitation must be convenient and in the best interest of the child — The court changed the visitation location from Karur to Madurai, which is closer to the child’s residence, in order to prioritize the child’s comfort and convenience. F. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Supervised visitation may be necessary, especially for young children — The court directed that the father’s visits should occur in a public place, with the mother present (though at a distance), due to the child’s young age and unfamiliarity with the father.

Dec 28, 2024 sclaw