I P C Archives - Page 48 of 58 - Supreme Court of India Judgements

March 9, 2025 7:21 am

Rape on minor—Punishment–It must depend upon the conduct of the accused, the state and age of the sexually assaulted female and the gravity of the criminal act. Rape on minor—Sentence less than–Minimum punishment of 10 years—Recourse to the proviso can be had only for “special and adequate reasons” and not in a casual manner.

Jul 10, 2017 sclaw

2007(4) LAW HERALD (SC) 3337 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice P.P. Naolekar Criminal Appeal No. 782 of 2001…

I P C

Culpable Homicide—Accused gave blow with iron rod, in heat of passion to his mother-in-law—Conviction should be under Section 304 Part I instead of Section 302 IPC.

Jul 9, 2017 sclaw

2007(4) LAW HERALD (SC) 3313 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Dalveer Bhandari Criminal Appeal No. 1388 of…

I P C

Culpable Homicide—Attempt to commit—There must be existence of an intention or knowledge.

Jul 8, 2017 sclaw

2007(4) LAW HERALD (SC) 3306 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No. 1390…

I P C

Culapable Homicide—Sudden fight–Homicide committed is clearly not traceable to unilateral provocation, in such cases could the whole blame be placed on one side. For if it were so, the Exception more appropriately applicable would be Exception 1.

Jul 8, 2017 sclaw

2007(4) LAW HERALD (SC) 3303 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce Arijit Pasayat The Hon’ble Mr. Jusitce Lokeshwar Singh Panta Criminal Appeal No. 1428…

I P C

Prosecutrix was not a reliable witness as her statement was not corroborated by medical evidence – Court hold that the High Court fell into error in rejecting the clear and natural testimony of the prosecutrix – Appeal allowed.

Jul 7, 2017 sclaw

(1994) 5 JT 436 : (1994) 3 SCALE 879 : (1994) 5 SCC 728 : (1994) 2 SCR 799 Supp SUPREME COURT OF INDIA NARAYANAMMA (KUM) — Appellant Vs.…

I P C

Penal Code, 1860 (IPC) – Sections 302 and 307 – Murder and attempt to murder – Love affair – Victims opposing proposal of marriage given by accused – There was pre-meditation over exchange of words – One injury leading to death inflicted

Jun 17, 2017 sclaw

AIR 2009 SC 912 : (2008) 11 JT 309 : (2008) 13 SCALE 458 SUPREME COURT OF INDIA MAHINDRA MULJI KERAI PATEL — Appellant Vs. STATE OF GUJARAT —…

I P C

Criminal Procedure Code, 1973 (CrPC) – Section 482 – Penal Code, 1860 (IPC) – Section 306 – Quashing of proceedings – Offence of abetment of suicide – Suicidal note clearly referring to acts of accused and role played by them – It clearly refers to background in which victim took extreme step of taking away his life by committing suicide – High Court rightly refused to quash proceedings.

Jun 17, 2017 sclaw

AIR 2008 SC 527 : (2008) 106 CLT 313 : (2008) CriLJ 724 : (2007) 13 JT 166 : (2007) 3 SCALE 535 : (2008) 2 SCC 403 :…

I P C

Penal Code, 1860 (IPC) – Section 376(2)(e) – Rape with married woman – ‘Possibility’ or ‘certainty’ – It must be established by evidence that accused had knowledge that victim was pregnant – In the absence of any material brought on record to show that accused knew the victim to be pregnant, Section 376(2)(e) IPC cannot be pressed into service – To that extent judgments of Courts below unsustainable – Minimum sentence prescribed under Section 376(1) IPC is applicable.

Jun 17, 2017 sclaw

AIR 2006 SC 2214 : (2006) CriLJ 2913 : (2006) 5 JT 460 : (2006) 5 SCALE 614 : (2006) 9 SCC 787 : (2006) 2 SCR 318 Supp…

I P C

Penal Code, 1860 (IPC) – Section 300(3), 304 Part II – Homicide – Nature of injury – Only one injury in the abdomen – Doctor opined that it cannot be said that person receiving such injury would necessarily die

Jun 17, 2017 sclaw

(1993) CriLJ 3253 : (1994) 3 SCC 680 Supp SUPREME COURT OF INDIA RAMASWAMY — Appellant Vs. STATE OF T.N. — Respondent ( Before : N. P. Singh, J;…

I P C

Outraging modesty of woman—Mere knowledge that the modesty of a woman is likely to be outraged is sufficient without any deliberate intention of having such outrage alone for its object.

Jun 16, 2017 sclaw

2016(5) Law Herald (P&H) 3991 (SC) : 2016 LawHerald.Org 1902 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice V. Gopala Gowda The Hon’ble Mr. Justice R.K. Agrawal…

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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.

Mar 3, 2025 sclaw

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.

Feb 16, 2025 sclaw

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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