I P C Archives - Page 44 of 58 - Supreme Court of India Judgements

March 10, 2025 4:23 am

Attempt to murder — Accused fired gunshots without pre-meditation on non vital parts of body — Intention to kill not proved– Accused acquitted under S 307 convicted under 324 IPC– Sentence already undergone.

Apr 16, 2018 sclaw

(2017) 4 LawHerald(SC) 2613 : (2017) 4 Crimes 163 : (2017) 4 BomCR(Cri) 794 : (2017) 4 BLJud 170 : (2017) 68 OrissaCriR 993 : (2017) AllSCR(Crl) 1866 : (2017) 4 CalCriLR 366 :…

I P C

MCOCA—Continuing unlawful Activity—Charge Sheets filed in competent courts outside the National Capital Territory of Delhi can be taken into account for purpose of constituting a “continuing unlawful activity” and it would be merely for the purpose of determining the antecedents of the accused.

Apr 8, 2018 sclaw

(2017) 101 ACrC 965 : (2017) 180 AIC 135 : (2017) 3 AllCrlRulings 3233 : (2017) 10 SCC 779 : (2017) AIR(SCW) 4888 : (2017) 3 AIRBomR(Cri) 818 :…

I P C

Rape—Sexual intercourse by husband with his own wife below 18 years of age is rape—Exception 2 to Section 375 IPC is to be read down accordingly.

Apr 2, 2018 sclaw

(2017) 10 SCC 800 : (2017) 4 BomCR(Cri) 599 : (2017) 3 ALT(Crl) 379 : (2017) 101 ACrC 630 : (2017) 179 AIC 1 : (2017) AIR(SCW) 4904 :…

I P C

Causing disappearance of evidence—It is mandatory for the prosecution to prove that the accused actively participated in the matter of disappearance of evidence and with an intention to screen the offender-Accused can never be convicted on the basis of probabilities or on assumptions and presumptions.

Mar 25, 2018 sclaw

(2017) 3 BBCJ 381 : (2017) CriLR 917 : (2017) 3 Crimes 222 : (2017) 3 JCC 1956 : (2017) 7 JT 225 : (2017) 3 LawHerald(SC) 2408 : (2018) 1 NCC 342 :…

I P C

Indian Penal Code, 1860, S.326 & S.456–Grievous Hurt-Lurking Trespass- Reduction in Sentence—Victim must be adequately compensated while reducing the quantum of sentence of imprisonment to certain extent

Mar 25, 2018 sclaw

(2017) 101 ACrC 263 : (2017) 178 AIC 143 : (2017) 4 AICLR 429 : (2017) AIR(SCW) 3570 : (2017) 4 AIRJharR 547 : (2017) AIR(SC) 3570 : (2017) ALLMR(Cri)…

I P C

Indian Penal Code, 1860, S.304 Part 2–Culpable Homicide—Sudden Fight-Reduction in Sentence—There was a pre-existing property dispute between the two families

Mar 18, 2018 sclaw

(2017) 100 ACrC 996 : (2017) 177 AIC 31 : (2017) 4 AICLR 546 : (2017) AIR(SCW) 3847 : (2017) AIR(SC) 3847 : (2017) AllSCR(Crl) 1361 : (2017) 3 ALT(Crl)…

I P C

These facts manifest abuse of appellant’s position as public servant obtaining valuable thing and pecuniary advantage for himself–Co-accused appellant Neera Yadav is associated in each and every aspect of these events which clearly bring home the charge of conspiracy of both the accused-Conviction upheld.

Mar 9, 2018 sclaw

(2017) 100 ACrC 960 : (2017) 177 AIC 79 : (2017) 4 AICLR 201 : (2017) AIR(SCW) 3772 : (2017) AIR(SC) 3772 : (2017) AllSCR(Crl) 1537 : (2017) CriLJ…

I P C

Petition for framing additional charge-Held; that it is just and proper for the Sessions Court before whom the case is pending to consider framing of an additional charge under Section 302 of the IPC–No need for issuing specific directions for that

Feb 25, 2018 sclaw

(2017) 100 ACrC 911 : (2017) 176 AIC 259 : (2017) 3 AICLR 373 : (2017) AllSCR(Crl) 1247 : (2017) 2 BBCJ 173 : (2017) 2 Crimes 108 :…

I P C

Babri Masjid Demolition Case—Earlier charges were dropped against instigators of offence on technical grounds regarding framing of charges— Since a joint charge sheet had already been filed in which instigators were already charged for criminal conspiracy—Appeal of CBI allowed—Directions issued to proceed trial against instigators of crime.

Feb 22, 2018 sclaw

(2017) 100 ACrC 310 : (2017) 175 AIC 172 : (2017) AIR(SCW) 2020 : (2017) AIR(SC) 2020 : (2017) 2 AllCrlRulings 1350 : (2017) 4 AllLJ 114 : (2017)…

I P C

Murder-Culpable homicide-Only single blow had been given and that in course of a sudden quarrel-Considering background and nature of the weapon used i.e. small knife, the appropriate conviction would be under section 304 Part I IPC and not under section 302 IPC — Penal Code, 1860, Section 302 and 304

Feb 4, 2018 sclaw

2008(1) LAW HERALD (SC) 561 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Aftab Alam Criminal Appeal No. 132 of…

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Consumer Limitation

Limitation in consumer protection cases should be interpreted holistically, considering the continuing cause of action and prioritizing substantive rights over strict procedural time bars.

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C P C

A suit in representative capacity (Order 1, Rule 8 CPC) is not maintainable if lacking locus standi, and a prior decree (res judicata) bars subsequent suits on the same subject matter, notwithstanding varying reliefs.

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Stamp Act State Laws

Agreement to sell immovable property incurs stamp duty as deemed conveyance via implied/symbolic possession transfer, with duty applying to the agreement (instrument), not the sale (transaction).

Feb 16, 2025 sclaw

Accident

The Supreme Court emphasized that the goal is to ensure just and fair compensation, even if it exceeds the claimed amount. It recalculated the compensation, considering the claimant’s monthly income, future prospects, 40% permanent disability, medical expenses, attendant charges, special diet and transportation, pain and suffering, and loss of income during treatment. The final compensation was determined to be Rs. 17,82,825, modifying the awards of the MACT and High Court. The Civil Appeal was allowed, with interest as awarded by the Tribunal. This decision underscores the principle of providing fair compensation to accident victims based on comprehensive assessment of their losses and suffering.

Feb 9, 2025 sclaw

Category: I P C

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