De-sealing of property – If a property sealed by the Cantonment Board is alleged to have unauthorized construction cannot be requested to be ‘de-sealed’ when building plan not sanctioned.
SUPREME COURT OF INDIA DIVISION BENCH RAM KISHAN (DECEASED) THROUGH LEGAL REPRESENTATIVES AND ANOTHER — Appellant Vs. MANISH KUMAR AND ANOTHER — Respondent ( Before : C.T. Ravikumar and Sanjay…
Penal Code, 1860 (IPC) – Section 302 – Murder – Acquittal – Once there is no eye-witness of the incident the prosecution will have to establish a motive for the commission of the crime inasmuch as in a case of direct evidence, motive may not have a major role
SUPREME COURT OF INDIA DIVISION BENCH SHATRUGHAN — Appellant Vs. THE STATE OF CHHATTISGARH — Respondent ( Before : Vikram Nath and Ahsanuddin Amanullah, JJ. ) Criminal Appeal No.437 of…
Accused could only be attributed with the knowledge that it was likely to cause an injury which was likely to cause the death – Case on hand does not fall within clause thirdly of Section 300 of the IPC – Conviction of the accused under Section 304 Part I of the IPC is altered to one under Section 304 Part II of the IPC – Appeal partly allowed.
SUPREME COURT OF INDIA DIVISION BENCH ANBAZHAGAN — Appellant Vs. THE STATE REPRESENTED BY THE INSPECTOR OF POLICE — Respondent ( Before : B.R. Gavai and J.B. Pardiwala, JJ. )…
What are the contours of the power of Parliament to enact a law under Article 239-AA(7) and Whether Parliament in the exercise of its power under Article 239-AA(7) can abrogate the constitutional principles of governance for National Capital Territory of Delhi (NCTD) – Substantial question of law – Reference to a Constitution Bench.
SUPREME COURT OF INDIA FULL BENCH GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud,…
Voluntarily causing hurt with common intention – Acquittal – No direct involvement in the assault – Conviction of under Section 323 read with Section 34 of IPC cannot be sustained.
SUPREME COURT OF INDIA DIVISION BENCH BOINI MAHIPAL AND ANOTHER — Appellant Vs. STATE OF TELANGANA — Respondent ( Before : S. Ravindra Bhat and Aravind Kumar, JJ. ) Criminal…
Juvenile Justice (Care and Protection of Children) Act, 2015 – Section 94 – Protection of Children from Sexual Offences Act, 2012 – Section 34 – Determination of age of victim – Mere school transfer certificate could not been relied for determination of age of victim
SUPREME COURT OF INDIA DIVISION BENCH P. YUVAPRAKASH — Appellant Vs. STATE REP. BY INSPECTOR OF POLICE — Respondent ( Before : S. Ravindra Bhat and Aravind Kumar, JJ. )…
Evidence Act, 1872 – Section 6 – Statement of an accused to which Section 6 is applicable cannot be treated as a confession of guilt.
SUPREME COURT OF INDIA DIVISION BENCH ARVIND KUMAR — Appellant Vs. STATE OF NCT, DELHI — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. ) Criminal Appeal…
Provisions of IBC to override other laws – Section 238 of the IBC overrides the provisions of the Electricity Act, 2003 despite the latter containing two specific provisions which open with non-obstante clauses (i.e., Section 173 and 174).
SUPREME COURT OF INDIA DIVISION BENCH PASCHIMANCHAL VIDYUT VITRAN NIGAM LTD. — Appellant Vs. RAMAN ISPAT PRIVATE LIMITED & OTHERS — Respondent ( Before : S. Ravindra Bhat and Dipankar…
Determination of disability – the disablement would be taken as total for the purposes of award of compensation under section 4(1)(b) of the Act regardless of the injury sustained being not one as specified in Part I of Schedule I of the Act – The proviso to clause (l) of sub-section (1) of Section 2 of the Act does not dilute the import of the substantive clause – Rather, it adds to it by specifying categories wherein it shall be deemed that there is permanent total disablement.
SUPREME COURT OF INDIA DIVISION BENCH INDRA BAI — Appellant Vs. ORIENTAL INSURANCE COMPANY LTD. & ANOTHER — Respondent ( Before : J.B. Pardiwala and Manoj Misra, JJ. ) Civil…
Murder – Acquittal – circumstances found proved do not constitute a chain so far complete as to indicate that in all human probability it were the accused persons and no one else who committed the crime – In such a situation, there was no option for the trial court but to extend the benefit of doubt to the accused – Order of acquittal upheld – Appeal dismissed.
SUPREME COURT OF INDIA DIVISION BENCH CENTRAL BUREAU OF INVESTIGATION — Appellant Vs. SHYAM BIHARI AND OTHERS — Respondent ( Before : B. V. Nagarathna and Manoj Misra, JJ. )…