Cheating—Non repayment of loan—Mere inability of the borrower to return the loan amount cannot give rise to a criminal prosecution under S.406 & S.420 IPC
2019(1) Law Herald (SC) 679 : 2019 LawHerald.Org 619 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N. V. Ramana Hon’ble Mr Justice Mohan M. Shantanagoudar Criminal Appeal…
Indian Penal Code, 1860, S.302-Murder-Intention to kill-Multiple Injuries—Assault with iron rod on head of deceased—Three injuries were caused by appellant on head of deceased—Keeping in view the weapons used, the place of injuries and the force with which the deceased was assaulted by the accused shows clear intention on the part of said accused to commit murder—Act of accused would not fall within any of the exceptions u/s 3OO IPC-Conviction u/s 302 IPC upheld
2019(1) Law Herald (SC) 676 : 2019 LawHerald.Org 618 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Mohan M. Shantanagoudar Hon’ble Mr. Justice N.V. Ramana Criminal Appeal Nos.…
Murder—Common Intention—Acquittal—Mere fact that accused appellants caught hold of deceased facilitating the other accused r persons to come with a sharp edged weapon and gave blows, it cannot be said that the accused appellants shared common intention with the other accused persons.
2019(1) Law Herald (SC) 723 : 2019 LawHerald.Org 705 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice Ajay Rastogi Criminal Appeal No(s).…
Indian Penal Code, 1908, S.376–Rape–Delay in lodging FIR– Acquittal-Delay of 7 months in lodging FIR-In present case evidence adduced by prosecutrix falls short of test of reliability and acceptability and as such it is highly unreliable to act upon It- Critical examination of evidence on record is warranted in such cases- -Accused acquitted.
2019(1) Law Herald (SC) 710 : 2019 LawHerald.Org 703 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice Ranjan Gogol Hon’ble Mr. Justice Sanjay Kishan Kaul Hon’ble Mr.…
Service Law-Continuity in Service–Seniority–After Termination of service, a fresh appointment was given—Continuity in service cannot be granted when neither termination nor the fresh appointment was challenged-Seniority of workman shall be counted with effect from the date of his fresh appointment.
2019(1) Law Herald (SC) 736 : 2018 LawHerald.Org 2143 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice Dr. Dhananjaya Y. Chandrachud Hon’ble Mr. Justice M.R. Shah Civil Appeal…
Amendment of Pleadings—It is not permissible to allow withdrawal of stand taken earlier in the plaint and it is also not permissible to change nature of suit by an application under O.6R.17 CPC
2019(1) Law Herald (SC) 732 : 2019 LawHerald.Org 706 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice Mohan M. Shantanagoudar Civil Appeal No.…
Rape with minor child—Child aged 71/z years was raped and murdered– Accused was not a previous convict or a professional killer—He was 19 years of age—His jail conduct also good—Death Sentence commuted to life sentence
2019(1) Law Herald (SC) 720 : 2019 LawHerald.Org 7O4 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K. Sikri Hon’ble Mr. Justice S. Abdul Nazeer Hon’ble Mr. Justice…
Murder—Plea of Insanity—Onus is upon the defence to produce the evidence to make out the case to get it covered under the provisions of S. 84 I P C
2019(1) Law Herald (SC) 671 : 2019 LawHerald.Org 616 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K. Sikri Hon’ble Mr. Justice S. Abdul Nazeer Criminal Appeal Nos.…
Culpable Homicide not amounting to murder—Deceased (husband) provoked the accused (wife) by calling her and her daughters ‘prostitute’—Said conduct of deceased deprived accused of power of self control—Deceased to be convicted u/s 304-1IPC and not underS.302 IPC
2019(1) Law Herald (SC) 659 : 2019 LawHerald.Org 615 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Mohan M. Shantanagoudar Hon’ble Mrs. Justice Dinesh Maheshwari Criminal Appeal No…
Service Law—Writ Jurisdiction—No writ lies at the instance of any employee or the employer for claiming enforcement of any personal contractual rights inter se between the employee and his employer.
2019(1) Law Herald (SC) 655 : 2019 LawHerald.Org 613 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Writ Petition (Crl.)…