High Court disposed of the appeal by a cryptic and non-reasoned order–This is not appropriate way to deal with criminal appeal–Matter remitted for fresh consideration–Criminal Procedure Code, 1973, Section 374.
2009(2) LAW HERALD (SC) 733 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Mukundakam Sharma Criminal Appeal No. 1779 of 2008…
Criminal Law–Rape–Kidnapping and Rape–Consent – Acquittal – Prosecutrix stayed for 5 days in house of co – accused. Accompanied the accused of her own accord and the sexual intercourse alleged to have been committed was done with her consent
2009(2) LAW HERALD (SC) 731 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…
Criminal Law–Dowry death–Cruelty–Acquittal of Husband upheld – There is no reference to the husband in the letter–Evidence of mother and brother of deceased also showing that demand was only of ring
2009(2) LAW HERALD (SC) 729 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Mukundakam Sharma Criminal Appeal No. 242 of 2008…
First Information Report was lodged under Section 394 IPC and charge was accordingly framed. Because of the use of deadly weapon, the trial Court convicted the accused under Section 397 IPC. – Appeal dismissed.
2009(2) LAW HERALD (SC) 726 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Mukundakam Sharma Criminal Appeal No. 168 of 2001…
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…






