Supreme Court of India Judgements

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Category: I P C

I P C

Rape and Murder – where capital punishment is not imposed or is not proposed, the Constitutional Courts can always exercise the power of imposing a modified or fixed­term sentence by directing that a life sentence, as contemplated by “secondly” in Section 53 of the IPC, shall be of a fixed period of more than fourteen years, for example, of twenty years, thirty years and so on

Mar 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHIVA KUMAR @ SHIVA @ SHIVAMURTHY — Appellant Vs. STATE OF KARNATAKA — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ.…

I P C

Unlawful Activities (Prevention) Act, 1967 – Section 10(a)(i) – Terrorists and Disruptive Activities (Prevention) Act, 1987 – Section 3(5) – Mere membership of a banned association is sufficient to constitute an offence under the Unlawful Activities (Prevention) Act 1967 or Terrorism and Disruptive Activities (Prevention) Act, 1987

Mar 25, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH ARUP BHUYAN — Appellant Vs. STATE OF ASSAM AND ANOTHER — Respondent ( Before : M.R. Shah, C.T. Ravikumar and Sanjay Karol, JJ. )…

I P C

(IPC) – Sections 364A, 302 and 201 – Kidnapping and murder of 7 years old child – Death sentence – Review of judgment – “rarest of rare” doctrine requires that the death sentence not be imposed only by taking into account the grave nature of crime but only if there is no possibility of reformation in a criminal

Mar 25, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH SUNDAR @ SUNDARRAJAN — Appellant Vs. STATE BY INSPECTOR OF POLICE — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI., Hima Kohli and…

I P C Murder

(IPC) – Sections 300 Exception 4 – Culpable homicide is not murder – Four requirements must be satisfied to invoke this exception, viz. (i) it was a sudden fight; (ii) there was no premeditation; (iii) the act was done in a heat of passion; and (iv) the assailant had not taken any undue advantage or acted in a cruel or unusual manner – Appellant was entitled to the benefit of Exception 4 to section 300, IPC.

Mar 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PREMCHAND — Appellant Vs. THE STATE OF MAHARASHTRA — Respondent ( Before : S. Ravindra Bhat and Dipankar Datta, JJ. ) Criminal Appeal No.…

I P C

Penal Code, 1860 – S 302 – Evidence Act, 1872 – Section 106 – Murder of her five-year-old child – If the accused does not offer an explanation under Section 106 and there is corroborative evidence establishing a chain of circumstances leading to the conclusion of guilt, the accused could be convicted on that basis

Feb 26, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VAHITHA — Appellant Vs. STATE OF TAMIL NADU — Respondent ( Before : Dinesh Maheshwari and Bela M. Trivedi, JJ. ) Criminal Appeal No.…

I P C

Last seen theory – may be a weak kind of evidence by itself to base conviction – But if If the accused offers no explanation or furnishes a wrong explanation, absconds, motive is established and some other corroborative evidence in the form of recovery of weapon etc. forming a chain of circumstances is established, the conviction could be based on such evidence

Feb 21, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAM GOPAL S/O MANSHARAM — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : Ajay Rastogi and Bela M. Trivedi, JJ. )…

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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