Supreme Court of India Judgements

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Category: I P C

I P C

Penal Code, 1860 (IPC) — Section 34, 120B, 302, 364A, 386, 511 —Conviction for offence — The Appellant aggrieved by his conviction for offence under Sections 302/34 of the Indian Penal Code and sentenced — the recovery of The dead body on the statements made by the accused from the house in their possession has been proved.

Apr 27, 2017 sclaw

  (2014) 1 CCR 398 SUPREME COURT OF INDIA VIJAY KUMAR — Appellant Vs. STATE (NCT) OF DELHI — Respondent ( Before : J.S. Khehar, J; C.K. Prasad, J )…

I P C

The order of acquittal recorded by the High Court is wholly unwarranted and unjustified. The prosecution has proved the case against the accused-Respondents beyond reasonable doubt – Court set aside the judgment passed by the High Court and confirm the conviction and sentences recorded by the Learned Additional Sessions Judge.

Apr 24, 2017 sclaw

  (1996) 4 SCALE 385 : (1996) 9 SCC 18 SUPREME COURT OF INDIA STATE OF M.P. — Appellant Vs. MOHANLAL AND OTHERS — Respondent ( Before : G. N.…

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Arbitration Constitution

Arbitration and Conciliation Act 1996 – Sections 34 and 37 – Curative petition – The Court found that the arbitral tribunal’s decision was not perverse or irrational and that the CMRS certificate did not conclusively prove that defects were cured within the cure period – The Court emphasized the tribunal’s domain to interpret the contract and the limited scope of judicial interference in arbitral awards – The Supreme Court concluded that the curative petition was maintainable and that there was no miscarriage of justice in restoring the arbitral award.

Apr 14, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) – Section 302, read with 34 – Murder – The Supreme Court found that the High Court did not properly address whether the Trial Court’s acquittal was a plausible conclusion from the evidence – The Supreme Court emphasized that the burden of proof lies with the prosecution and that the accused do not have to prove their innocence unless there is a statutory reverse onus – The Supreme Court concluded that the evidence did not warrant overturning the acquittal, as the Trial Court’s view was possible and not perverse.

Apr 14, 2024 sclaw
I P C

Penal Code, 1860 (IPC) – Section 302 – Murder – Dispute over a blocked pathway – The Court found no evidence of provocation by the deceased that would justify the appellants’ brutal attack, nor any exercise of the right to private defence – The Court applied principles from previous judgments to determine the lack of private defence and the presence of intention to cause harm – The Supreme Court concluded that the appellants’ actions were not in self-defence and that their intention was to inflict harm, affirming the lower courts’ decisions.

Apr 14, 2024 sclaw
Consumer

Consumer Law – Insurance Act, 1938 – Section 45 – Policy not to be called in question on ground of mis-statement after two years – The Court found no suppression of material facts and criticized the NCDRC for not requiring proper evidence from the respondent – The judgment discusses the principles of ‘uberrimae fidei’ (utmost good faith) and the burden of proof in insurance contracts – The Court concluded that the insurance company failed to prove the alleged suppression of facts, thus the repudiation was unjustified.

Apr 14, 2024 sclaw