Corruption Law–Reduction in sentence–Illegal Gratification–Corruption by public servant–Patwari convicted and sentenced for accepting bribe of Rs. 300/—Prayer for reduction of sentence as incident was 19 years old–Custodial sentence of one year, which is minimum prescribed, would meet the ends of justice
Surain Singh v. State of Punjab 2009(2) LAW HERALD (SC) 724 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Asok Kumar…
Companies Act, 2013 – Sections 397 and 398 – Inheritance of shares – Jurisdiction – Dispute as to inheritance of shares is eminently a civil dispute and cannot be said to be a dispute as regards oppression and/or mismanagement so as to attract Company Court’s jurisdiction under sections 397 and 398
SUPREME COURT OF INDIA DIVISION BENCH ARUNA OSWAL — Appellant Vs. PANKAJ OSWAL AND OTHERS — Respondent ( Before : Arun Mishra and S. Abdul Nazeer, JJ. ) Civil…
Probation–Accused possessed industry of lubricating oil/grease without licence–White Collar Offence–Probation rejected.
2009(2) LAW HERALD (SC) 721 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam The Hon’ble Mr. Justice Aftab Alam…
Attempt to murder–It is sufficient to justify a conviction under Section 307 if there is present an intent coupled with some overt act in execution thereof Attempt to murder—-To justify a conviction under Section 307 I.P.C., it is not essential that bodily injury capable of causing death should have been inflicted
IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Asok Kuamr Ganguly Criminal Appeal No. 191 of 2009 (Arising out of SLP…
FIR–Delay in –Delay in a case of sexual assault, cannot be equated with the case involving other offences–It would be quite unsafe to throw out the prosecution case merely on the ground that there is some delay in lodging in FIR.
IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Mukundakam Sharma Criminal Appeal No. 44 of 2002 State of Himachal Pradesh v.…
Criminal Jurisprudence–If a person is charged under a grave Section, but however, if acquitted under the said grave section by the Trial Court, then it would amount to travesty of Justice if in his own appeal he is convicted under that grave section, without there being any appeal from the State and without there being prior notice of enhancement issued by the appellate Court.
Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Dr. Mukundakam Sharma Criminal Appeal No. 62 of 2009 (Arising out of S.L.P. (Crl.) No. 2872 of 2008) Jarnail…
Lawyers Are An Intellectual Class; We Expect Members Of Noble Fraternity To Respect Themselves First : SC HELD Advocate fined Rs 100/- for alleging ‘pick and choose’ policy adopted by the SC Registry.
Lawyers Are An Intellectual Class; We Expect Members Of Noble Fraternity To Respect Themselves First : SC [Read Judgment] LIVELAW NEWS NETWORK 6 July 2020 7:11 PM “We see, in…
Culpable Homicide–Asthmatic patient kept under unhygienic conditions by Police Officers–Cause of death has been shown to be asphyxia on account of detention of the deceased in unhygienic condition despite his respiratory problems–Accused can be proceeded against under Section 304 Part II and Section 330 I.P.C. and not under Section 302 I.P.C.
Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Markandey Katju Criminal Appeal No. 1683 of 2008 Indu Jain v. State of M.P. {Decided on 23/10/2008} For the…
Civil Procedure–Summary suit – Leave to defend–Revision–Maintainability of–An order imposing a conditional leave to defend the suit was a jurisdictional question and, thus, a revision application would be maintainable.
Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal No. 7314 of 2008 Wada Arun Asbestos (P) Ltd. v. Gujarat Water Supply & Sewerage…
Murder–Appeal against conviction–If the High Court intends to differ from the conclusions of the trial Court it has to indicate reasons therefore–Merely stating that the evidence of a witness is not believable would not suffice.
Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dr. Mukundakam Sharma Criminal Appeal No. 564 of 2002 State of Orissa v. Sikhar Jena {Decided on 01/12/2008}…