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}…
Common intention–For applying Section 34 it is not necessary to show some overt act on the part of the accused
Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dr. Mukundakam Sharma Criminal Appeal No. 409 of 2007 Chaman v. State of Uttaranchal {Decided on 01/12/2008} For…
Confession–Recovery of foreign exchange–Confession by accused later retracted–Burden to prove that confession was voluntary would be on Department. Burden of proof–Parliament did not make any provision placing the burden of proof on the accused/proceedee—The Act does not provide for a ‘reverse burden’–No presumption of commission of an offence is raised under the Act.
Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal No. 7407 Of 2008 Vinod Solanki v. Union of India {Decided on 18/11/2008} Important Point…
Death of patient due to error of judgment of Doctor – Not a case of Medical Negligence – Criminal proceedings against Doctor quashed.
SUPREME COURT OF INDIA Before:- Madan B. Lokur and Deepak Gupta, JJ. Criminal Appeal No. 636 of 2017 (Arising out of SLP (Crl.) No. 7186 of 2014). D/d. 6.4.2017. Dr.…
Review–Same relief which was turned down by Supreme Court has been sought for in the review application–Grant of interim order virtually granting relief prayed for in review is not permissible.
Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dr. Mukundakam Sharma Civil Appeal No. 6755-6756 Of 2008 Director General of Police Central Reserve Police Force New…
Property Tax–Sub-lessee whether liable to pay property tax–Deed placed number of restrictions on the sub-lessee which prevented the sub lessee from full enjoyment of the leasehold rights–As the deed did not operate as a conveyance and the industrial plot was let out to sub-lessee the primary liability to pay property tax cannot be fastened on sub-lessee.
Before The Hon’ble Mr. Justice S.H. Kapadia The Hon’ble Mr. Justice B. Sudershan Reddy Civil Appeal Nos.6802-6806 Of 2003 Municipal Corporation of Delhi v. Shashnak Steel Industries (P) Ltd {Decided…
Dying Declaration–Certificate of doctor–Doctor certified that deceased was conscious oriented and was in a fit condition to give the statement–Satisfaction of Magistrate based on certificate of doctor–Rejection of dying declaration, improper.
Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dr. Mukundakam Sharma Criminal Appeal No. 573 Of 2002 State of Tamil Nadu v. Karuppasamy {Decided on 20/11/2008}…
Extra judicial confession–Confession before PW3 after a week of occurrence–PW3 is the former President of the Village Panchayat–He had not chosen to reduce into writing the extra judicial confession of the accused or produce him at the police station–Confession not reliable.
Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dr. Mukundakam Sharma Criminal Appeal No. 177 of 2003 Inspector Of Police, T.N. v. Palanisamy @ Selvan {Decided…
Mischief–Accused forcibly entered sugarcane fields of complainant and destroyed the crop–Accused used derogatory words against him–Complainant belongs to Scheduled Tribe–Accused rightly convicted under Section 427 I.P.C. under Section 3(1)(iv) and (v) of Schedule Tribes (Prevention of Atrocities) Act, 1989.
Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dr. Mukundakam Sharma Criminal Appeal No. 1967 of 2008 Kashiben Chhaganbhai Koli v. State of Gujarat {Decided on…
Pension–Husband of appellant died in 1978–Pension claimed after 14 years under Rule 22-A–Rule 22-A made effective from September 1, 1982 with prospective effect–A right or a liability which was created for the first time, cannot be given a retrospective effect.
Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal Nos.7556-7557 of 2008 Panchi Devi v. State of Rajasthan {Decided on 18/12/2008} Important Point Pension–Husband…