I P C Archives - Page 42 of 63 - Supreme Court of India Judgements

March 31, 2026 7:10 pm

Criminal Law–Murder–Common intention–Prosecution case that appellant alongwith other accused murdered the deceased–Evidence of PWs 2 and 3 did not attribute any overt act to the appellant–Mere fact that he was in the company of accused who were armed would not be sufficient to attract Section 34 I.P.C.–It is undisputed that appellant was not armed and he has no animosity with the deceased

Feb 24, 2019 sclaw

2009(1) LAW HERALD (SC) 518 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Asok Kumar Ganguly Criminal Appeal No. of…

I P C

Second Complaint—There is no provision in the Criminal Procedure Code or any other statute which debars a complainant from making a second complaint on the same allegations, when the first complaint did not lead to conviction, acquittal or discharge Second Complaint—The failure to mention the first complaint in the subsequent one is inconsequential—Mentioning of reasons for withdrawal of an earlier complaint is also not a condition precedent for maintaining a second complaint.

Feb 24, 2019 sclaw

2019(1) Law Herald (SC) 134 : 2018 LawHerald.Org 2049 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Criminal Appeal No. Ill…

I P C

Framing of Charge—Complainant sustained injuries on the nose and fracture of the nasal bone was found—Held; that the case may fall within the grievous hurt, hut it cannot be said that even, prima facie, a case is made out for the offence under Section 307 of the IPC

Feb 24, 2019 sclaw

2019(1) Law Herald (SC) 124 : 2019 LawHerald.Org 502 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice D. Y. Chandrachud Hon’ble Mr. Justice M. R. Shah Criminal Appeal…

I P C

Attempt to Murder—Compromise between Parties—Despite any settlement between the complainant and the accused, the criminal proceedings under Section 307 IPC cannot be quashed, as the offence is a non-compoundable offence

Feb 24, 2019 sclaw

2019(1) Law Herald (SC) 105 : 2019 LawHerald.Org 503 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice D. Y. Chandrachud Hon’ble Mr. Justice M. R. Shah Criminal Appeal…

I P C

Corruption—Criminal Conspiracy—Accused and Co-accused were acquitted under S.120-B IPC—Co-accused was also acquitted under Corruption Act—Accused also entitled for his clean acquittal under Corruption Act.

Feb 23, 2019 sclaw

2018(4) Law Herald (P&H) 2767 (SC) : 2018 LawHerald.Org 1617 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice InduMalhotra Criminal Appeal No.…

I P C

Identity of victim of sexual offences—Directions issued that no person can print or publish in print, electronic, social media, etc. the name of the victim or even in a remote manner disclose any facts which can lead to the victim being identified and which should make her identity known to the public at large.

Feb 22, 2019 sclaw

2019(1) Law Herald (SC) 26 : 2018 LawHerald.Org 1938 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Madan B. Lokur Hon’ble Mr. Justice Deepak Gupta Writ Petition (Civil)…

I P C

Cheating—Merely because the accused has not paid the amount due and payable under the agreement; no offence u/s 406 & 420 IPC is made out—Dispute is of civil nature—Complaint quashed.

Feb 22, 2019 sclaw

2019(1) Law Herald (SC) 50 : 2018 LawHerald.Org 1958 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Mohan M. Shantanagoudar Hon’ble Mr. Justice M. R. Shah Criminal Appeal…

I P C

Conviction–Case based on documents which were maintained by accused himself–Independent witness turned hostile–Trial cannot be held to be unfair.

Feb 18, 2019 sclaw

2009(1) LAW HERALD (SC) 443 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. 2086 of 2008…

I P C

Murder—Death Penalty—Every brutal murder does not fall within category of rarest of rare case to warrant death sentence

Feb 16, 2019 sclaw

2018(4) Law Herald (SC) 3216 : 2018 LawHerald.Org 1932 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N. V. Ramana Hon’ble Mr. Justice Mohan M. Shantanagoudar Hon’ble Mr.…

I P C

Criminal complaints cannot be quashed only on the ground that the allegations made therein appear to be of a civil nature. If the ingredients of the offence alleged against the accused are prima facie made out in the complaint, the criminal proceeding shall not be interdicted.” “At the initial stage of issuance of process it is not open to the Courts to stifle the proceedings by entering into the merits of the contentions made on behalf of the accused.” If the ingredients of the offence alleged against the accused are prima facie made out in the complaint, the criminal proceeding shall not be interdicted.”

Feb 13, 2019 sclaw

“Criminal complaints cannot be quashed only on the ground that the allegations made therein appear to be of a civil nature. If the ingredients of the offence alleged against the…

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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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