Dishonour of cheque–First notice remained unserved–Second notice after second prosecution, withdrawn as was wrongly addressed–Third notice after third presentation valid–As earlier two notices did not gave any cause of action
2009(1) LAW HERALD (SC) 277 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. 1761 of 2008…
Illegal gratification–If an offence falls under both Sections 7 and 13 (1)(d) and the court wants to award only the minimum punishment, then the punishment would be one year.
2009(1) LAW HERALD (SC) 273 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Mukundakam Sharma Criminal Appeal No. 1130 of 2001…
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…