DNA Test—It is a serious matter which should not be lightly to be restored to without there being appropriate satisfaction of authorities for requirement of such test
2019(3) Law Herald (SC) 2165 : 2019 LawHerald.Org 1345 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice Navin Sinha Criminal Appeal No. 1186…
Food Adulteration—Report of Public Analyst—Not proved to be served to accused—Mere dispatch of report is not sufficient—Accused acquitted Food Adulteration—Taking of Sample—Sample of Milk—Proper stirring of milk to make it homogenous mixture before taking sample not establlshed–Accused acquitted
2019(3) Law Herald (SC) 2159 : 2019 LawHerald.Org 1344 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mr. Justice A.S, Bopanna Criminal Appeal No. 1167…
Quashing—Plea of false implication is question of fact which have to be decided in the trial by adducing evidence—Proceedings not quashed
2019(3) Law Herald (SC) 2154 : 2019 LawHerald.Org 1343 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. Dhananjaya Y. Chandrachud Hon’ble Mrs. Justice Indira Banerjee CrimmaZ Appeal…
Dowry Demand—Letters written by deceased to her father depicts cruelty but no demand of dowry could be inferred from those letters—Accused acquitted under S.304-B IPC
(2019) 10 SCALE 510 : 2019(3) Law Herald (SC) 2148 : 2019 LawHerald.Org 1342 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice I. Nageswara Rao Honble Mr. Justice…
Child Witness—Children were aware of purpose of their presence in Court—Their evidence not to be discarded only because they were not aware as to who was judge and who was lawyer and before whom they were giving their testimony
2019(3) Law Herald (SC) 2137 : 2019 LawHerald.Org 1341 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice Dr. Dhananjaya Y. Chandrachud Hon’ble Mrs. Justice Indira Banerjee Criminal Appeal…
Murder—Injuries on Accused—No investigation in cross case—It causes serious prejudice to accused—Accused acquitted on benefit of doubt Statement of Accused—Burden of Proof—The fact that a defence may not have been taken by an accused under S.313 Cr PC cannot absolve the prosecution from proving its case beyond all reasonable doubt
2019(3) Law Herald (SC) 2132 : 2019 LawHerald.Org 1340 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice Navin Sinha Criminal Appeal No (s).…
Murder—Delay in recording statement of eye witness—Even though they were available and police knew that they were alleged eye witnesses-Accused acquitted Murder—Non proving of blood group of recovered blood stains—It may assume importance where the accused pleads a defence or alleges mala fides or fabricating the evidence on the part of the prosecution, to wrongly implicate him
(2019) 10 SCALE 415 : 2019(3) Law Herald (SC) 2123 : 2019 LawHerald.Org 1337 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice Mohan…
Culpable Homicide—Where a mutual conflict develops and there is no reliable and acceptable evidence as to how it started and as to who was the aggressor, it would not be correct to assume private defence for both sides—It would be a case of sudden fight
(2019) 10 SCALE 690 : 2019(3) Law Herald (SC) 2097 : 2019 LawHerald.Org 1335 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice…
Transfer of Property—Appellants have been granted right to use passage in the sale deed—Such right cannot be extinguished by execution of another sale deed of common passage and conferring its exclusive rights to some other party
2019(3) Law Herald (SC) 2091 : 2O19 LawHerald.Org 1261 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice Hemant Gupta Civil Appeal Nos.…
First Appeal—First appellate court must analyse the entire evidence produced by the concerned parties and express its opinion in the proper sense of the jurisdiction vested in it and by elucidating, analysing and arriving at the conclusion that the appeal is devoid of merit.
2019(3) Law Herald (SC) 2083 : 2019 LawHerald.Org 1260 (2019) 3 JLJR 229 : (2019) 3 PLJR 311 : (2019) 8 SCALE 608 : (2019) 7 SCC 300 IN THE…