HELD proceeded with the acquired assumption of the guilt of the accused for the reason that he was lastly seen with the deceased, and lodged a false report, forgetting that as per the version of the father of the deceased, father of the accused had himself apprised him of his missing daughter, at least two days prior to the incident. Doubt and suspicion cannot form basis of guilt of the accused. The circumstances linking the accused to the crime are not proven at all, much less beyond reasonable doubt.
SUPREME COURT OF INDIA DIVISION BENCH GUNA MAHTO — Appellant Vs. STATE OF JHARKHAND — Respondent ( Before : B.R. Gavai and Sanjay Karol, JJ. ) Criminal Appeal No. 108…
Maharashtra Forest Service, Group A (Junior Scale) (Recruitment) Rules, 1998 – Rules 3B and 6 – Rules 3B and 6 of the 1988 Rules also leave no ambiguity in this behalf and in fact read in consonance and the period of probation has to be necessarily excluded from period of service
SUPREME COURT OF INDIA DIVISION BENCH ASHOK RAM PARHAD AND OTHERS — Appellant Vs. THE STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul and Abhay…
Electricity Act, 2003 – Section 86(1)(f) – Claim of compensation by way of deemed generation due to shortage in fuel supply is the responsibility of the generator and not applicable in terms of PPA
SUPREME COURT OF INDIA DIVISION BENCH M/S PENNA ELECTRICITY LIMITED (NOW M/S PIONEER POWER LIMITED) — Appellant Vs. THE TAMIL NADU ELECTRICITY BOARD AND OTHERS — Respondent ( Before :…
(CrPC) – Section 482 – Drugs and Cosmetics Act, 1940 – Section 18(c) and 27(b)(ii) – Drugs and Cosmetics Rules, 1945 – Rule 123 – Sanctioning authority had not examined at all whether a practising doctor could be prosecuted under the facts of the case, considering the small quantity of the drugs and the exception created in favour of medical practitioner under Rule 123, read with the Schedule “K” – Criminal proceedings is quashed
SUPREME COURT OF INDIA DIVISION BENCH S. ATHILAKSHMI — Appellant Vs. THE STATE REP. BY THE DRUGS INSPECTOR — Respondent ( Before : Krishna Murari and Sudhanshu Dhulia, JJ. )…
Telangana Value Added Tax Rules, 2005 – Rule 64 – Service of orders and notices – When any statutory or administrative order, visits a citizen or entity with adverse consequences, such an order has to be served upon the concerned person; especially so, when that order is appealable or subject to revision by higher authorities.
SUPREME COURT OF INDIA DIVISION BENCH THE COMMERCIAL TAX OFFICER AND OTHERS — Appellant Vs. NEERAJA PIPES PRIVATE LIMITED — Respondent ( Before : S. Ravindra Bhat and Dipankar Datta,…
Murder – Acquittal – Failed to prove of motive – panch witnesses for their recovery also did not support the prosecution – Remaining circumstances relied on by the prosecution and held as proved by the courts below would not unerringly point to the guilt of the appellants –
SUPREME COURT OF INDIA DIVISION BENCH SHANKAR — Appellant Vs. THE STATE OF MAHARASHTRA — Respondent ( Before : Ajay Rastogi and C.T. Ravikumar, JJ. ) Criminal Appeal No. 954…
Dishonour of cheque – Liability – the criminal proceedings under Section 138 of the NI Act will stand terminated only in relation to the corporate debtor if the same is taken over by a new management – Section 138 proceedings in relation to the signatories/directors who are liable/covered by the two provisos to Section 32A(1) will continue in accordance with law.
SUPREME COURT OF INDIA DIVISION BENCH AJAY KUMAR RADHEYSHYAM GOENKA — Appellant Vs. TOURISM FINANCE CORPORATION OF INDIA LIMITED — Respondent ( Before : Sanjay Kishan Kaul and Abhay S.…
Murder – Acquittal – Conviction based on oral testimony of witnesses – Delay in lodging the FIR – Names not mentioned in FIR – Taking into consideration the delay in lodging the FIR, with the circumstance of their names not being mentioned in the contemporaneous documents, the possibility of the accused being falsely implicated cannot be ruled out – Appeal allowed.
SUPREME COURT OF INDIA FULL BENCH NAND LAL AND OTHERS — Appellant Vs. THE STATE OF CHHATTISGARH — Respondent ( Before : B.R. Gavai, Vikram Nath and Sanjay Karol, JJ.…
Any order passed at this stage may affect number of persons and further may result in unsettling many positions which have already settled with the lapse of time. Hence, we do not find that a case is made for interference by this Court.
SUPREME COURT OF INDIA DIVISION BENCH MANOJ KUMAR JINDAL — Appellant Vs. RAJNI MAHAJAN AND OTHERS — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. ) Civil…
Extra Judicial Confession – Evidentiary value of such confession also depends on the person to whom it is made. Going by the natural course of human conduct, normally, a person would confide about a crime committed by him only with such a person in whom he has implicit faith – Normally, a person would not make a confession to someone who is totally a stranger to him –
SUPREME COURT OF INDIA DIVISION BENCH PAWAN KUMAR CHOURASIA — Appellant Vs. STATE OF BIHAR — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. ) Criminal Appeal…