Death Sentence – Rape and murder of a housewife – Held, impact of solitary confinement were obviously evident in the instant case, as would be clear from the letter given by the medical professional on 6.11.2011 and the communication emanating from the jail on 8.11.2011. The incarceration in solitary confinement thus did show ill effects on the well-being of the appellant. In the backdrop of these features of the matter, the appellant is entitled to have the death sentence imposed upon him to be commuted to death sentence to life
SUPREME COURT OF INDIA FULL BENCH B.A. UMESH — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Uday Umesh Lalit, CJI., S. Ravindra Bhat and Pamidighantam…
HELD Rules of revaluation not framed – High Court is not justified in ordering re-evaluation of the answer scripts – High Court was not at all justified in calling the record of the answer scripts and then to satisfy whether there was a need for reevaluation or not
SUPREME COURT OF INDIA DIVISION BENCH DR. NTR UNIVERSITY OF HEALTH SCIENCES — Appellant Vs. DR. YERRA TRINADH AND OTHERS — Respondent ( Before : M.R. Shah and M.M. Sundresh,…
Lapse of acquisition proceedings – Subsequent purchaser has no right to claim lapse of acquisition proceedings – There cannot be any lapse of acquisition under Section 24(2) of the Act, 2013 on the ground of possession could not be taken over by the authority and/or the compensation could not be deposited / tendered due to the pending litigations.
SUPREME COURT OF INDIA DIVISION BENCH DELHI DEVELOPMENT AUTHORITY — Appellant Vs. DAMINI WADHWA AND OTHERS — Respondent ( Before : M.R. Shah and M.M. Sundresh, JJ. ) Civil Appeal…
HELD the High Court is justified in reversing the judgment of acquittal by the Trial Court- the motive is treated secondary in view of the fact that this is a case of direct evidence of injured eye-witnesses- the facts narrated in the FIR are fully corroborated by much of the documentary evidence and are fully in consonance with the testimony of the prosecution witnesses. the only question related to the persons involved and the manner of commission of the offence. Finding of trial Court that the arrest and recovery were doubtful were glaring mistakes. H C completely justified. Dismissed
SUPREME COURT OF INDIA FULL BENCH ASHOK KUMAR SINGH CHANDEL — Appellant Vs. STATE OF U.P. — Respondent ( Before : Uday Umesh Lalit, CJI., S. Ravindra Bhat and Pamidighantam…
Contract Act, 1872 – Section 62 – One Time Settlement Scheme – – Impugned judgment and order passed by the High Court granting further time to the borrower to make the balance payment under the OTS Scheme in exercise of powers under Article 226 of the Constitution of India is unsustainable and the same deserves to be quashed and set aside
SUPREME COURT OF INDIA DIVISION BENCH STATE BANK OF INDIA — Appellant Vs. ARVINDRA ELECTRONICS PRIVATE LIMITED — Respondent ( Before : M.R. Shah and Krishna Murari, JJ. ) Civil…
Consumer – Illegal sold of hypothecated vehicle – Compensation – Hypothecated vehicle was detained/seized and thereafter, sold which was found to be illegal, the complainant shall be entitled to the compensation/loss suffered because of not plying of the vehicle seized and sold illegally
SUPREME COURT OF INDIA DIVISION BENCH MAHINDRA AND MAHINDRA FINANCIAL SERVICES LIMITED — Appellant Vs. NIZAMUDDIN — Respondent ( Before : M.R. Shah and M.M. Sundresh, JJ. ) Civil Appeal…
Export of processed iron ore – Merely because some others are granted the benefit wrongly, the appellant cannot be permitted to pray for the similar benefits – There cannot be any negative discrimination which may perpetuate the illegality –
SUPREME COURT OF INDIA DIVISION BENCH CHOWGULE & COMPANY LIMITED — Appellant Vs. ASSISTANT DIRECTOR GENERAL OF FOREIGN TRADE AND OTHERS — Respondent ( Before : M.R. Shah and Krishna…
Allotment of land – Deputy Collector possess the powers to pass the orders of allotment – High Court has seriously erred in setting aside orders on the ground that the Deputy Collector was not having jurisdiction and therefore order is coram non judice – Matter is remitte
SUPREME COURT OF INDIA DIVISION BENCH RAJARAM ABASAHEB DESHMUKH — Appellant Vs. STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : M.R. Shah and M.M. Sundresh, JJ. ) Civil…
(IPC) – S 302, 376A, 376(2)(i) and 376(2)(m) – POCSO Act, 2012 – Ss 5 (i) and 5(m) 6 – HELD modify the sentence imposed for the offence under Sections 376(2)(i) and 376(2)(m) of IPC and for the offence under Section 5 (i) and 5 (m) read with Section 6 of the POCSO Act, so as to commensurate the said sentences with the sentence imposed for the offence under Section 376(A) of IPC, and accordingly imposes sentence directing the appellant/petitioner to undergo imprisonment for a period of twenty years instead of life imprisonment for the said offences – Petition allowed.
SUPREME COURT OF INDIA FULL BENCH MOHD. FIROZ — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : Uday Umesh Lalit, CJI, S. Ravindra Bhat and Bela M.…
Trial court allowed application for temporary injunction – defendants directed to maintain status quo of the property mentioned in the Will – required the defendants to furnish the list and account of the movable properties within 30 days from the date of the order – HELD the trial court recorded specific findings on the three ingredients for grant of temporary injunction i.e. prima facie case, balance of convenience and irreparable loss.
SUPREME COURT OF INDIA DIVISION BENCH HARISH ISHWARBHAI PATEL — Appellant Vs. JATIN ISHWARBHAI PATEL AND OTHERS — Respondent ( Before : Aniruddha Bose and Vikram Nath, JJ. ) Civil…