Criminal Procedure Code, 1973 (CrPC) – Section 482 – Penal Code, 1860 (IPC) – Section 379 – Uttar Pradesh Minor Mineral (Concession) Rules, 1963 – Rules 3, 57 and 7 – Mines and Minerals (Development and Regulation) Act, 1957 – Sections 4 and 21 – Prevention of Damage to Public Property Act, 1984 – Sections 3 and 4 – Theft of mining sand – Quashing of complaint – Mere violation of Section 4 which is an offence cognizable only under Section 21 of the Mines Regulation Act and not under any other law – There is no bar on the Court from taking cognizance of the offence under Section 379 of the IPC
SUPREME COURT OF INDIA DIVISION BENCH KANWAR PAL SINGH — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : S. Abdul Nazeer and Sanjiv Khanna,…
Criminal Procedure Code, 1973 (CrPC) – Sections 154 and 164 – Registration of FIR – Recording of confessions and statements – Section 154 of the Cr.P.C. provides about the information in cognizable cases and in effect registration of First Information Reports. The first Proviso to the sub-Section (1) of Section 154 inserted by the Amendment Act of 2013 and subsequently amended by the Amendment Act of 2018, provides for registration of First Information Report in cases of rape and sexual offences by a woman police officer or any woman officer
SUPREME COURT OF INDIA FULL BENCH IN RE : ASSESSMENT OF THE CRIMINAL JUSTICE SYSTEM IN RESPONSE TO SEXUAL OFFENCES ( Before : S.A. Bobde, CJI, B.R. Gavai and Surya…
Arbitration and Conciliation Act, 1996 – Sections 34 and 34(4) – Arbitral award – Legislative intention of providing Section 34(4) in the Arbitration Act was to make the award enforceable, after giving an opportunity to the Tribunal to undo the curable defects HELD that ordinarily unintelligible awards are to be set aside, while the challenge on inadequacy of reasons, has to be adjudicated based on the degree of particularity of reasoning required having regard to the nature of issues falling for consideration.
SUPREME COURT OF INDIA FULL BENCH M/S. DYNA TECHNOLOGIES PVT. LTD. — Appellant Vs. M/S. CROMPTON GREAVES LTD. — Respondent ( Before : N.V. Ramana, Mohan M. Shantanagoudar and…
Constitution of India, 1950 – Article 142 – Complete justice – Provisions of Article 142 of the Constitution provide a unique power to the Supreme Court, to do “complete justice” between the parties, i.e., where at times law or statute may not provide a remedy, the Court can extend itself to put a quietus to a dispute in a manner which would befit the facts of the case. Divorce granted.
SUPREME COURT OF INDIA DIVISION BENCH MUNISH KAKKAR — Appellant Vs. NIDHI KAKKAR — Respondent ( Before : Sanjay Kishan Kaul and K.M. Joseph, JJ. ) Civil Appeal No. 9318…
V IMP :: Supreme Court recently dissolved a marriage by exercising its inherent powers under Article 142 of the Constitution, even as it recognised that there is no statutory law for recognising irretrievable breakdown of marriage as a ground for divorce in India.- HELD “on the ground of irretrievable breakdown of marriage, if this is not a fit case to grant divorce, what would be a fit case!”
Irretrievable breakdown of marriage: “Nothing remains in this marriage”, Supreme Court invokes Article 142 to grant divorce Rintu Mariam Biju December 18 2019 The Supreme Court recently dissolved a marriage by exercising its inherent powers…
Candidate Not Estopped From Challenging Selection Process When Misconstruction Of Statutory Rules Is Alleged HELD candidate will not be estopped from challenging a selection process on the ground of having participated in it when there is allegation of “misconstruction of statutory rules and discriminating consequences arising therefrom”.
Candidate Not Estopped From Challenging Selection Process When Misconstruction Of Statutory Rules Is Alleged : SC [Read Judgment] LIVELAW NEWS NETWORK 17 Dec 2019 7:58 PM In a notable judgment…
RTI Has Come To Be A Weapon For Intimidation, There Should Be Some Filters”: Observes SC
RTI Has Come To Be A Weapon For Intimidation, There Should Be Some Filters”: Observes SC [Read Order] Mehal Jain 16 Dec 2019 5:23 PM The Supreme Court on Monday…
Hospital Vicariously Liable For Medical Negligence Committed By Its Doctors HELD “……. a hospital is vicariously liable for the acts of negligence committed by the doctors engaged or empanelled to provide medical care.”
Hospital Vicariously Liable For Medical Negligence Committed By Its Doctors: SC Ashok Kini 17 Dec 2019 5:52 PM Justice Uday Umesh Lalit and Justice Indu Malhotra The Supreme Court has…
Criminal Procedure Code, 1973 (CrPC) – Sections 205 and 205 (2) – Dispensation with personal appearance/attendance – In the case of Bhaskar Industries Ltd. V. Bhiwani Denim & Apparels Ltd., (2001) 7 SCC 401, this Court has observed that if a Court is satisfied that in the interest of justice the personal attendance of an accused before it need not be insisted on, then the court has the power to dispense with the attendance of the accused – HELD consequently the application submitted by the appellant to dispense with his appearance before the learned Trial Court on all dates of adjournments and permitting his counsel to appear on his behalf is here by allowed on the conditions.
SUPREME COURT OF INDIA DIVISION BENCH PUNEET DALMIA — Appellant CENTRAL BUREAU OF INVESTIGATION, HYDERABAD — Respondent ( Before : Ashok Bhushan and M. R. Shah, JJ. ) Criminal Appeal…
Penal Code, 1860 (IPC) – Sections 34 and 302 – Murder – Common intention – Appeal against conviction and sentence – Appellant was present on the spot of the offence HELD In order to invoke the principle of joint liability in the commission of a criminal act as laid down in Section 34, the prosecution should show that the criminal act in question was done by one of the accused persons in furtherance of the common intention of all.
SUPREME COURT OF INDIA DIVISION BENCH VIRENDER — Appellant Vs. STATE OF HARYANA — Respondent ( Before : Mohan M. Shantanagoudar and K. M. Joseph, JJ. ) Criminal Appeal No.…