Murder–Acquittal–There is a time gap of eight hours between the time of the occurrence and the lodging of the FIR. Murder–Acquittal–Version of P.W.s that they identified the accused in moonlight–Not believed
2009(1) LAW HERALD (SC) 270 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Markandey Katju Criminal Appeal No. 1071 of 2006…
Rape–Accused took away prosecutrix–In absence of marriage, a person will be guilt of abduction and rape.
2009(1) LAW HERALD (SC) 268 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dr. Mukundakam Sharma Criminal Appeal No.100 of…
Witness–Single witness–There is no legal impediment in convicting a person on the sole testimony of a single witness.
2009(1) LAW HERALD (SC) 264 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Mukundakam Sharma Criminal Appeal No. 1026 of 2007…
Murder–Husband gave single blow to wife–Act was committed without premeditation, in a sudden fight in the heat of passion upon a sudden quarrel–Conviction altered from Section 302 I.P.C to 304 Part-I I.P.C.
2009(1) LAW HERALD (SC) 261 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice G.S. Singhvi Criminal Appeal No. 885 of 2005…
Summoning of Additional Accused—Court cannot mechanically issue process under Section 319Cr.P.C. whenever in a statement recorded before the Court, name of any person is taken Summoning of Additional Accused—Mere mention of name of appellant for first time in court without any substantive evidence does not justify allowing of application u/s 319 Cr.P.C
2018(4) Law Herald (SC) 3117 : 2018 LawHerald.Org 1853 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K. Sikri Hon’ble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice Ajay…
Contempt of Courts Act, 1971, S. 12–Criminal contempt-Posting of derogatory remarks against Judge of High Court on social media/ facebook-Appellant was sentenced to undergo simple imprisonment for one month—Held; it was not a case where the contempt action should have been taken against the appellant who is an Advocate—Impugned order of High Court set aside.
2018(4) Law Herald (SC) 3116 : 2018 LawHerald.Org 1849 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K. Sikri Hon’ble Mr. Justice R. Subhash Reddy CriminaZ Appeal No.…
Murder—Death Sentence—Special Leave Petition filed in those cases where death sentence is awarded by the courts below, should not be dismissed without giving reasons
2018(4) Law Herald (SC) 3107 : 2018 LawHerald.Org 1852 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K. Sikri Hon’ble Mr. Justice Ashok Bhushan Hon’ble Mrs. Justice Indira…
Pay parity–Senior cannot be paid lesser salary than his juniors–Writ–When writ petition is jointly filed, the prayer therein should not be confined to one petitioner alone only.
2009(1) LAW HERALD (SC) 258 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Markandey Katju Civil Appeal Nos. 65-67 of 2009…
Transfer of Suit–Suit for damages filed at Chennai by husband–Suit transferred to Kolkata where wife residing with 2 years old child.
2009(1) LAW HERALD (SC) 256 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dalveer Bhandari The Hon’ble Mr. Justice Harjit Singh Bedi Transfer Petition (Civil) No. 627…
Arbitrator–Appointment of–An application/petition without approaching the authority nominated and agreed upon by the parties is not maintainable–In instant case ICC was nominated but was not approached.
2009(1) LAW HERALD (SC) 254 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Markandey Katju Arbitration Application No. 6 of 2008 Standard Corrosion Controls Pvt. Ltd. v.…