Attempt to Murder—Stabbing a person with a knife, near his vital organs would in most circumstances lead to the death of the victim, thereby falling squarely within the meaning of S.307 IPC
(2019) AIR(SC) 1120 : (2019) 1 ApexCourtJudgments (SC) 508 : (2019) 1 CriCC 806 : (2019) 1 Crimes 179 : (2019) 73 OrissaCriR 867 : (2019) 2 RCR(Criminal) 95 :…
Second Appeal—Disposal of the second appeal by the High Court by answering the question(s) which was/were not framed either at the time of admission of the second appeal or framed without ensuring compliance of the mandatory procedure is not legally sustainable
2019(2) Law Herald (SC) 1341 : 2019 LawHerald.Org 928: (2019) 3 JT 310 : (2019) 5 Scale 30 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar…
Doctrine of Incorporation by reference-Arbitration agreement- -Application for appointment of arbitrator rejected on ground that Sale orders did not contain an arbitration clause-Sale orders specifically state that they would be governed by guidelines, circulars; arbitration clause in 2007 Scheme-Arbitration clause contained in the 2007 Scheme, would stand incorporated by reference in each of the sale orders- Clause 7 in the sale orders falls under the ‘single contract case’ where the arbitration clause is contained in a standard form document i.e. the 2007 Scheme, to which there is a reference in the individuals sale orders issued by the Company-Impugned order rejecting application set aside-Arbitrator appointed
2019(2) Law Herald (SC) 1333 : 2019 LawHerald.Org 927 : (2019) AIR(SC) 1015 : (2019) 2 ArbiLR 69 : (2019) 4 SCALE 406 IN THE SUPREME COURT OF INDIA Before…
ACQUITTAL :: Murder- -Culpable Homicide-Right of Private Defence-Acquittal-Appellant being a forest ranger had every reason to believe that due to suspicious moment of deceased party in the forest, they were trying to smuggle the sandal wood from the forest—Deceased party was aggressor as they first pelted stones and damaged the appellant’s vehicle shouting “fire them”–
2019(2) Law Herald (SC) 1322 : 2019 LawHerald.Org 925 : (2019) AIR(SC) 1389 : (2019) 2 RCR(Criminal) 325 : (2019) 4 SCALE 490 IN THE SUPREME COURT OF INDIA Before…
IMP::: Review Petition—Dismissal of SLP by Supreme Court in limine without giving any reasons it does not attract the doctrine of merger—Review petition filed by the appellant in the High Court would be maintainable and should have been decided on merits
2019(2) Law Herald (SC) 1306 : 2019 LawHerald.Org 924: (2019) 4 SCALE 113 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K. Sikri Hon’ble Mr. Justice S. Abdul…
Indian Penal Code, 1908, S.302, 304 Part-II and S.34–Murder–Common Intention–Conviction–Accused nos.l and 2 after first incident, in which there was altercation with the informant and deceased, returned back on motorcycle and came back after 10 minutes alongwith deadly weapon and stabbed the deceased-Common intention of the accused nos.l and 2 fully established by the circumstances and events unfolded in the prosecution story, duly corroborated by PWs. and weapon used
2019(2) Law Herald (SC) 1294 : 2019 LawHerald.Org 923 IN THE SUPREME COURT OF INDIA Before HonTile Mr. Justice Ashok Bhushan Hon’ble Mr. Justice K. M. Joseph Criminal Appeal Nos.…
Gift Deed—Mentioning of an amount on the first page/ for the purpose of valuation, cannot be said to be a consideration received by the donor for executing the gift deed
2019(2) Law Herald (SC) 1290 : 2019 LawHerald.Org 922: (2019) AIR(SC) 1154 : (2019) 2 ALT 185 : (2019) 3 JT 22 : (2019) 2 RCR(Civil) 335 : (2019) 4…
Quashing—Compromise–Non compoundable Offence—High Court is required to consider the antecedents of the accused; the conduct of the accused, namely, whether the accused was absconding and why he was absconding and how he had managed with the complainant to enter into a compromise
2019(2) Law Herald (SC) 1273 : 2019 LawHerald.Org 921 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice M.R. Shah Honble Mr. Justice S. Abdul Nazeer Honble Mr. Justice…
Quashing—Cheating—Where an attempt has been made by the respondent to cloak a civil dispute with a criminal nature despite the absence of the ingredients necessary to constitute a criminal offence; such proceedings are liable to be quashed
2019(2) Law Herald (SC) 1264 : 2019 LawHerald.Org 920 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr Dhananjaya Y Chandrachud, Hon’ble Mr. Justice Hemant Gupta Criminal Appeal…
Juvenile—Rules as applicable on date of offence are to be considered for determining the age in furtherance of the plea of juvenility
(2019) 1 Crimes 113 : (2019) 2 JT 596 : (2019) 2 RCR(Criminal) 68 : (2019) 3 SCALE 540:2019(2) Law Herald (SC) 1258 : 2019 LawHerald.Org 919 IN THE SUPREME…








