Indian Penal Code, 1860, S.365 and S.394–Bail–Kidnapping–Appellant is in custody from about last 4 months-Further custody of the accused will come in the way of conduct of trial that will have to be held against him-Appellant ought to be released on bail-Bail granted
2019(1) Law Herald (SC) 675 : 2019 LawHerald.Org 617 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice Sanjiv Khanna Criminal Appeal No(S).…
Quashment–Matter involving civil nature dispute–A matter essentially involves dispute of a civil nature should not be allowed to be subject matter of a criminal offence, the latter being not a short cut of execution of a decree which is non existent.
2009(1) LAW HERALD (SC) 617 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Criminal Appeal No. 2048 of 2008…
On the peculiar facts and circumstances, it may not be just to deny the plot to the appellant, inspite of having been allotted plots, both under the general category and under the Government employees quota. In the circumstances, we are of the view that the HUDA should accept the belated production of Integrity Certificate and confirm the allotment of Plot No. 946 (Sector 25) to the appellant
2009(1) LAW HERALD (SC) 615 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendaran The Hon’ble Mr. Justice J.M.Panchal Civil Appeal No. 607 of 2009 (Arising…
Inheritance–Legal heir–Claim over property–Respondent claimed that disputed property in itself acquired property of his father–However, no evidence produced by respondent that the property was self acquired property his father–No entry of name of respondent in revenue record–Revisional Court rightly held that property was not self acquired property of father of respondent.
2009(1) LAW HERALD (SC) 612 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Lokeshwar Singh Panta The Hon’ble Mr. Justice B.Sudershan…
Accident–Highest/lowest multiplier–Highest multiplier has to be for the age group of 21 years to 25 years when an ordinary Indian Citizen starts independently earning and the lowest would be in respect of a person in the age group of 60 to 70, which is the normal retirement age.
2009(1) LAW HERALD (SC) 609 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Asok Kumar Ganguly Civil Appeal No. of 2009…
Common intention–Evidence of PWs 2 and 3 did not attribute any overt act to the appellant–The mere fact that he was in the company of the accused who were armed would not be sufficient to attract Section 34 IPC–Appellant cannot be held guilty by application of Section 34 IPC–His conviction is accordingly set aside. Common intention–Section 34 is applicable even if no injury has been caused by the particular accused himself–For applying Section 34 it is not necessary to show some overt act on the part of the accused.
2009(1) LAW HERALD (SC) 606 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Asok Kumar Ganguly Criminal Appeal No. of…
Corruption–Pecuniary resources and property in possession of the accused person or any other person on his behalf have to be taken into consideration for the purpose of sub-section 3 of Section 5, whether these were acquired before or after the Act came into force
2009(1) LAW HERALD (SC) 603 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Asok Kumar Ganguly Criminal Appeal No. 1052 of…
Murder–Appeal against acquittal–Evidence clearly established that the accused caused farsa injury on the head of the deceased–PWs. 3 & 16 corroborated the prosecution version–High Court erroneously observed that there was no injury–Farsa injury caused on the head has not been noticed–Matter remitted to the High Court for detailed analysis.
2009(1) LAW HERALD (SC) 600 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Mukundakam Sharma Criminal Appeal No. 661…
Murder–An attack with a deadly weapon on the vital part of the body and that proved to be a fatal blow–Exception 4 to Section 300 has no application. Murder–Exception 4 to Section 300 IPC applies in the absence of any premeditation.
2009(1) LAW HERALD (SC) 597 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Asok Kuamr Ganguly Criminal Appeal No. of…
Malaria is most commonly transmitted to humans through malaria virus infested mosquito bites, and when a virus is contracted through normal means brought about by everyday life it cannot be deemed to be an unexpected or unforeseen accident — HELD the illness of encephalitis malaria through a mosquito bite cannot be considered as an accident. It was neither unexpected nor unforeseen. It was not a peril insured against in the policy of accident insurance
SUPREME COURT OF INDIA DIVISION BENCH THE BRANCH MANAGER NATIONAL INSURANCE CO. LTD. — Appellant Vs. SMT. MOUSUMI BHATTACHARJEE AND OTHERS — Respondent ( Before : Dr Dhananjaya Y. Chandrachud…