I P C Archives - Page 41 of 63 - Supreme Court of India Judgements

March 31, 2026 5:40 pm

Murder—Death Sentence—Mitigating Factor—Socio-economic factors must be taken into consideration as access to justice and remedies to justice are not easily available to the poor and the needy

Mar 24, 2019 sclaw

2019(1) Law Herald (SC) 161 : 2018 LawHerald.Org 2050 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Madan B. Lokur Hon’ble Mr. Justice S. Abdul Nazeer Hon’ble Mr.…

I P C

Indian Penal Code, 1860, S.354 and S.448–Outraging modesty of woman-Reduction in Sentence—Compounding of Offence—House Trespass-Incident is about 10 years old-Submission by complainant that with passage of time, the grudges amongst each other have vanished away and have taken a shape of friendship-Sentence reduced to period already undergone which was more than minimum prescribed sentence-Criminal Procedure Code, 1973, S.320

Mar 22, 2019 sclaw

2019(1) Law Herald (SC) 618 : 2018 LawHerald.Org 2138 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Kurian Joseph Hon’ble Mr. Justice Hemant Gupta Criminal Appeal No(s). 1415…

I P C

Death by Negligence—Collapse of building due to high magnitude of earthquake—Loss of many lives—No offence u/s 304-A IPC is made out.

Mar 22, 2019 sclaw

2019(1) Law Herald (SC) 609 : 2018 LawHerald.Org 2137 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K Sikri Hon’ble Mr. Justice Ashok Bhushan Criminal Appeal No(s).1389 of…

I P C

Murder—Common Intention—Conviction under section 34 cannot be made merely by altering the charge from S.302/149 to S.302/34, unless the charge under section 34 is proved by the leading evidence.

Mar 21, 2019 sclaw

2019(1) Law Herald (SC) 538 : 2019 LawHerald.Org 601 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Criminal Appeal No. 1144 of 2009 Mala…

I P C

Rape–Medical certificate granted by the Doctor suggests that the Hymen was torn at 6’O clock position and the rugosity was lost–There was no reason for the poor girl to falsely implicate the accused. Rape–Defence cannot take advantage of bad investigation where there is clinching evidence available to the prosecution–Truthful version of the prosecutrix cannot be ignored.

Mar 17, 2019 sclaw

2009(1) LAW HERALD (SC) 593 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice V.S.Sirpurkar Criminal Appeal No. 222 of 2009 (Arising…

I P C

Rape and Abduction–Accused contending that he had married the victim–No signature or thumb impression was obtained and the Kazi who is claimed to have solemenised the nikah was not examined–Conviction upheld.

Mar 17, 2019 sclaw

2009(1) LAW HERALD (SC) 591 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.100 of…

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Quashing—Framing of Charge—When the order of the Trial Court does not surfer from any perversity, High Court should not have quashed the impugned order of framing of charge

Mar 17, 2019 sclaw

2019(1) Law Herald (SC) 485 : 2019 LawHerald.Org 553 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mr. Justice R. Subhash Reddy Criminal Appeal…

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Quashing–Civil Liability–Buyer Company refused to accept goods being defective–FIR u/s 420 IPC lodged–No misrepresentation made at time of contract–No case of criminal liability–FIR quashed.

Mar 11, 2019 sclaw

2009(1) LAW HERALD (SC) 572 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Criminal Appeal No. 2089 of 2008…

I P C

Acid burns–Reduction in sentence–Victim suffered severe burn injuries on head, face and chest–High Court reduced the sentence to already undergone–Order of High Court aside–Sentence could not be reduced in such a heinous crime.

Mar 11, 2019 sclaw

2009(1) LAW HERALD (SC) 562 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Markandey Katju The Hon’ble Mr. Justice Aftab Alam Criminal Appeal No.1951 Of 2008 Vishwambhar…

I P C

Unlawful Assembly–Mere presence in an unlawful assembly cannot render a person liable unless there was a common object and he was attracted by that common object is one those set out in Section 141 IPC

Feb 25, 2019 sclaw

2009(1) LAW HERALD (SC) 525 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. of…

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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

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