Penal Code, 1860 (IPC) – Evidence Act, 1972 – Section 32 – Murder by poisoning – Dying declaration – A statement made by a person who is dying is made exception to the rule of hearsay and has been made admissible in evidence under Section 32 of the Evidence Act, it would not be prudent to base conviction, relying upon such dying declaration alone – Conviction and sentence set-aside – Appeal allowed.
SUPREME COURT OF INDIA DIVISION BENCH HARIPRASAD @ KISHAN SAHU — Appellant Vs. STATE OF CHHATTISGARH — Respondent ( Before : Bela M. Trivedi and Dipankar Datta, JJ. ) Criminal…
Employees Provident Fund And Miscellaneous Provisions Act, 1952 – Section 1(3)(B) – Establishments of factories – Clause (a) of sub-Section (3) is applicable only to those factories engaged in any industry specified in Schedule I – Clause (b) of sub-Section (3) is applicable to all other establishments which are not covered by clause (a) of sub-Section (3) provided such establishments are notified by a notification issued by the Central Government which is published in the official Gazette
SUPREME COURT OF INDIA DIVISION BENCH THANKAMMA BABY — Appellant Vs. THE REGIONAL PROVIDENT FUND COMMISSIONER, KOCHI, KERALA — Respondent ( Before : Abhay S. Oka and Sanjay Karol, JJ.…
Forfeiture of gratuity – Compulsory retirement; removal from service which shall not be a disqualification for future employment and dismissal which shall ordinarily be a disqualification for future employment are distinct and separate punishments – Act of forfeiture of gratuity is not envisaged as the provisions are silent on the aspect of forfeiture in case of compulsory retirement.
SUPREME COURT OF INDIA DIVISION BENCH JYOTIRMAY RAY — Appellant Vs. THE FIELD GENERAL MANAGER, PUNJAB NATIONAL BANK AND OTHERS — Respondent ( Before : J.K. Maheshwari and K.V. Viswanathan,…
Uttar Pradesh Value Added Tax Act, 2008 – Sections 13 and 13(3)(b) – Input Tax Credit – Production of VAT goods and by-products or waste products –
SUPREME COURT OF INDIA FULL BENCH M/S MODI NATURALS LIMITED — Appellant Vs. THE COMMISSIONER OF COMMERCIAL TAX UP — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI., J.B.…
As to procedural unconscionability, the Court finds that this was a contract of adhesion. The terms of the contract were not negotiated and Plaintiff had relatively little economic strength in the transaction. As to substantive unconscionability, the arbitration clause is unreasonable insofar as it requires Plaintiff to travel to Okaloosa County, Florida for the arbitration. In many circumstances requiring a consumer to travel a substantial distance to arbitrate a claim has been found to be unreasonable
SUPREME COURT OF INDIA FULL BENCH LOMBARDI ENGINEERING LIMITED — Appellant Vs. UTTARAKHAND JAL VIDYUT NIGAM LIMITED — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI., J.B. Pardiwala and…
Criminal Law – Acquittal – Presumption of innocence in favour of the accused is bolstered if the trial court hands down an acquittal – A Court of Appeal should be circumspect in overturning its judgment of acquittal, is not a principle that requires reiteration – Time and again that an acquittal will only be overturned in the presence of very compelling reasons.
SUPREME COURT OF INDIA DIVISION BENCH MANJUNATH AND OTHERS — Appellant Vs. STATE OF KARNATAKA — Respondent ( Before : Abhay S. Oka and Sanjay Karol, JJ. ) Criminal Appeal…
Criminal Procedure Code, 1973 (CrPC) – Section 125 – Maintenance to minor daughter – Appeal against reduction – Where the earning of the wife is also good, that factor can always be considered as joint parenting is always best for upbringing of the child –
SUPREME COURT OF INDIA DIVISION BENCH ADITI ALIAS MITHI — Appellant Vs. JITESH SHARMA — Respondent ( Before : Rajesh Bindal and Vikram Nath, JJ. ) Criminal Appeal No(S). 3446…
Partition Suit – In case any property in possession of any of the co-sharers comes to his share it can very well be protected – Demolition of the already constructed buildings may not be in the interest of any of the parties as the same can be considered at the time of passing of final decree, with reference to the construction, authorised by the local authority.
SUPREME COURT OF INDIA DIVISION BENCH M/S MULTICON BUILDERS — Appellant Vs. SUMANDEVI AND OTHERS — Respondent ( Before : Vikram Nath and Rajesh Bindal, JJ. ) Civil Appeal No.…
In terms of the Town Planning Scheme, notified on 01.08.1994 and subsequent circulars, the claim of any occupant of the property is required to be considered for rehabilitation or for payment of compensation – Appellants are still in possession of the property, which is stated to be coming in the alignment of 60 feet T.D. Road – Appeal can be disposed of with a direction to the Corporation to consider the claim of the appellants in terms of the Town Planning Scheme either for rehabilitation or payment of compensation.
SUPREME COURT OF INDIA DIVISION BENCH JAFFAR ALI NAWAB ALI CHAUDHARI AND OTHERS — Appellant Vs. THE MUNICIPAL CORPORATION OF GREATER MUMBAI — Respondent ( Before : Vikram Nath and…
A combined reading of Section 15(1)(a) and Section 16 of the Act would make it manifest that the property of a female Hindu dying intestate shall devolve, firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband. Therefore, the plaintiff being the widow of the pre-deceased son does not have the first right or entitlement to receive any share in the share of her mother-inlaw.
SUPREME COURT OF INDIA FULL BENCH SACHIDHANANDAM SINCE DEAD THROUGH HIS LRS. — Appellant Vs. E. VANAJA AND OTHERS — Respondent ( Before : B.R. Gavai, Hima Kohli and Prashant…