Supreme Court of India Judgements

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Category: Murder

Murder

Penal Code, 1860 – Sections 201, 302, 34, 436, 498A – Murder of wife – Deposition of medical officer – “there can no doubt that the medical doctor knows exactly what medical injuries are and ordinarily in case of inconsistency, the medical report of the doctor should prevail. Having regard to the post mortem and the evidence of P.W.1, the nature of injuries noticed as explained by the deposition of P.W.1 unerringly point to the death being caused by throttling as opined by the doctor

Nov 10, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JAVED ABDUL RAJJAQ SHAIKH — Appellant Vs. STATE OF MAHARASHTRA — Respondent ( Before : Sanjay Kishan Kaul and K.M. Joseph, JJ. ) Criminal…

Murder

Penal Code, 1860 (IPC) – Sections 302, 306 and 498A – Evidence Act, 1872 – Section 106 – Criminal Procedure Code, 1973 (CrPC) – Sections 145, 161 and 313 – Murder of wife -Once the prosecution established a prima facie case, the appellant was obliged to furnish some explanation under Section 313, Cr.P.C. with regard to the circumstances under which the deceased met an unnatural death inside the house. His failure to offer any explanation whatsoever therefore leaves no doubt for the conclusion of his being the assailant of the deceased – Appeal dismissed.

Nov 10, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KALU ALIAS LAXMINARAYAN — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : Navin Sinha and B.R. Gavai, JJ. ) Criminal Appeal…

Murder

Penal Code, 1860 (IPC) – Sections 302, 323 and 324 – Murder – Appeal against conviction and sentence – accused should have known that hitting the deceased on the head with a sickle with great force causing fracture of the skull, is dangerous & would have imminently caused death. Appeal dismissed

Sep 29, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  GURU @ GURUBARAN AND OTHERS — Appellant Vs. STATE REP. BY INSP. OF POLICE — Respondent ( Before : Deepak Gupta and Aniruddha Bose,…

Murder

Indian Penal Code, 1908, S.302, 304 Part-II and S.34–Murder–Common Intention–Conviction–Accused nos.l and 2 after first incident, in which there was altercation with the informant and deceased, returned back on motorcycle and came back after 10 minutes alongwith deadly weapon and stabbed the deceased-Common intention of the accused nos.l and 2 fully established by the circumstances and events unfolded in the prosecution story, duly corroborated by PWs. and weapon used

Jun 9, 2019 sclaw

2019(2) Law Herald (SC) 1294 : 2019 LawHerald.Org 923 IN THE SUPREME COURT OF INDIA Before HonTile Mr. Justice Ashok Bhushan Hon’ble Mr. Justice K. M. Joseph Criminal Appeal Nos.…

Murder

Indian Penal Code, 1860, S.302-Murder-Intention to kill-Multiple Injuries—Assault with iron rod on head of deceased—Three injuries were caused by appellant on head of deceased—Keeping in view the weapons used, the place of injuries and the force with which the deceased was assaulted by the accused shows clear intention on the part of said accused to commit murder—Act of accused would not fall within any of the exceptions u/s 3OO IPC-Conviction u/s 302 IPC upheld

Apr 6, 2019 sclaw

2019(1) Law Herald (SC) 676 : 2019 LawHerald.Org 618 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Mohan M. Shantanagoudar Hon’ble Mr. Justice N.V. Ramana Criminal Appeal Nos.…

Murder

Murder–Appeal against acquittal–Evidence clearly established that the accused caused farsa injury on the head of the deceased–PWs. 3 & 16 corroborated the prosecution version–High Court erroneously observed that there was no injury–Farsa injury caused on the head has not been noticed–Matter remitted to the High Court for detailed analysis.

Mar 31, 2019 sclaw

  2009(1) LAW HERALD (SC) 600   IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Mukundakam Sharma Criminal Appeal No. 661…

Murder

Murder–Doctrine of Parity–Appellant submitted that there is a parity between the co-accused persons and while other were convicted under Section 304 Part II IPC he alone has been convicted under Section 302 IPC–However, appellant had given a fatal blow on the neck with aruval and injury caused by such act proved fatal–Plea of parity rejected.

Feb 25, 2019 sclaw

2009(1) LAW HERALD (SC) 530 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dr. Mukundakam Sharma Criminal Appeal No. 38…

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State Laws

Bombay Public Trusts Act, 1950 – The case involves the acceptance of Change Reports for the Vahiwatdar (Administrator) and Trustees of Shri Mallikarjun Devasthan, a Public Trust – The High Court invalidated the acceptance and remanded the matters for reconsideration – The main issue was the delay in filing the Change Report for the new Vahiwatdar of the Trust, which was submitted 17 years after the previous Vahiwatdar’s death – The Supreme Court set aside the High Court’s judgment, confirming the acceptance of Change Report Nos. 899 of 2015 and 1177 of 2017, allowing the civil appeals – The Court found that the delay in filing the Change Report was a curable defect and did not impact the legitimacy of the new Vahiwatdar’s assumption of office – The Court emphasized a liberal approach to condonation of delay, citing precedents.

Apr 28, 2024 sclaw
Service

Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 – Sections 7, 8 and 9 – Procedure for resignation by employees of private schools – The appellant challenged his termination from, which was set aside by the Tribunal but reinstated by the High Court – The main issues were whether the appellant’s resignation was lawfully withdrawn and if the documents related to his resignation were fabricated – The appellant argued that his resignation withdrawal was not considered and that the school committee’s resolutions were fabricated – The respondents contended that the resignation was accepted by the management committee and the school committee, and the appellant was informed accordingly – The Supreme Court upheld the High Court’s decision, dismissing the appeal and affirming that the appellant’s resignation was voluntary and lawfully accepted – The Court found no evidence of fabricated documents and determined that the management committee’s acceptance of the resignation was valid – The Court referenced the MEPS Act and Rules, concluding that non-communication of resignation acceptance does not invalidate the termination – The Supreme Court concluded that the appellant’s resignation was accepted before his attempted withdrawal, and thus the termination was lawful.

Apr 28, 2024 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 – Section 5(7) – “financial creditor” – The appeals challenge judgments related to the status of certain creditors of M/s. Mount Shivalik Industries Limited under the Insolvency and Bankruptcy Code, 2016 (IBC) – The primary issue is whether the respondents are financial creditors or operational creditors within the meaning of the IBC – The appellants argue that the respondents are operational creditors, as the agreements indicate services rendered to promote the corporate debtor’s products – The respondents contend that the agreements were a means to raise finance, making them financial creditors due to the interest-bearing security deposits – The Court upheld the NCLAT’s decision, recognizing the respondents as financial creditors based on the commercial effect of the transactions – The Court examined the true nature of the transactions and found that the arrangements had the commercial effect of borrowing, satisfying the criteria for financial debt under the IBC – The Court applied the definition of financial debt and operational debt from the IBC, emphasizing the disbursal against the consideration for the time value of money – The appeals were dismissed, confirming the respondents’ status as financial creditors and allowing the resolution process to continue accordingly – The Court’s detailed analysis affirmed the NCLAT’s interpretation of the IBC provisions.

Apr 28, 2024 sclaw
Family Court I P C

“Husband Has No Right On Wife’s Stridhan” Matrimonial Law – The appeal concerns a matrimonial dispute involving misappropriation of gold jewellery and monetary gifts – The appellant, a widow, married the first respondent, a divorcee, and alleged misappropriation of her jewelry and money by the respondents – The core issue is whether the appellant established the misappropriation of her gold jewellery by the respondents and if the High Court erred in its judgment – The appellant claimed that her jewellery was taken under the pretext of safekeeping on her wedding night and misappropriated by the respondents to settle their financial liabilities – The respondents denied the allegations, stating no dowry was demanded and that the appellant had custody of her jewellery, which she took to her paternal home six days after the marriage – The Supreme Court set aside the High Court’s judgment, upheld the Family Court’s decree, and awarded the appellant Rs. 25,00,000 as compensation for her misappropriated stridhan – The Court found the High Court’s approach legally unsustainable, criticizing it for demanding a criminal standard of proof and basing findings on assumptions not supported by evidence – The Court emphasized the civil standard of proof as the balance of probabilities and noted that the appellant’s claim for return of stridhan does not require proof of acquisition – The Supreme Court concluded that the appellant had established a more probable case and directed the first respondent to pay the compensation within six months, with a 6% interest per annum in case of default.

Apr 28, 2024 sclaw