Motor vehicles Act, 1988, S.166 and 2(30)–Accident–Registered Owner- -Merely because the vehicle was transferred does not mean that such registered owner stands absolved of his liability to a third person–So long as his name continues in RTO records, he remains liable to a third person.
2019(1) Law Herald (SC) 216 : 2018 LawHerald.Org 2059 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Uday Umesh Lalit Hon’ble Mr. Justice Dr. Dhananjaya Y. Chandrachud Civil…
Advocate—In Summary Court Martial proceedings, accused can take assistance of a lawyer
2019(1) Law Herald (SC) 213: 2018 LawHerald.Org 2058 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice Dr. Dhananjaya Y. Chandrachud Hon’ble Mr. Justice M.R. Shah Civil Appeal No.…
Eviction—Bonafide Requirement—Merely because son of the landlord was involved in some other business during pendency of eviction petition, bonafide need of shop for the son cannot be doubted
2019(1) Law Herald (SC) 205 : 2018 LawHerald.Org 2057 (2019) AIR(SC) 60 : (2019) 1 JabLJ 1 : (2019) 1 RCR(Rent) 90 : (2018) 15 Scale 914 IN THE SUPREME…
Criminal Breach of trust by Public Servant—Reduction in Sentence—Embezzlement of 85 litres of diesel from depot of State Transport by its bus driver—Appellant is now in his late sixties and no longer in service—He is also ailing and is not involved in any other criminal activity—Sentence reduced to period already undergone with increment in fine
2019(1) Law Herald (SC) 204 : 2018 LawHerald.Org 2056 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mrs. Justice Indu Malhotra Criminal Appeal No.…
FIR—Registration of—Sub-Divisional Magistrate cannot direct the police to register an FIR.
2019(1) Law Herald (SC) 201 : 2018 LawHerald.Org 2055 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R.F. Nariman Hon’ble Mr. Justice Navin Sinha Criminal Appeal No. 1620…
Summoning as additional accused—Appellant who had been discharged earlier can be summoned as additional accused if sufficient material is brought on record against him
2019(1) Law Herald (SC) 199 : 2018 LawHerald.Org 2054 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice Mohan M. Shantanagoudar Criminal Appeal No.…
Previous Bad Character—Use of previous bad character evidence is prohibited except when the convict himself chooses to lead evidence of his good character. Murder—Death Sentence—Life Imprisonment—The criminal, however ruthless he might be, is nevertheless a human being and is entitled to a life of dignity notwithstanding his crime. Murder—Death Sentence—Where the social re-integration of the convict may not be possible, the option of a long duration of imprisonment is permissible. DNA Test—Failure to produce available DNA evidence leads to an adverse presumption against the prosecution and in favour of appellant for the purpose of sentence only.
2019(1) Law Herald (SC) 172 : 2018 LawHerald.Org 2051 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Madan B. Lokur Hon’ble Mr. Justice S. Abdul Nazeer Hon’ble Mr.…
Murder—Death Sentence—Mitigating Factor—Socio-economic factors must be taken into consideration as access to justice and remedies to justice are not easily available to the poor and the needy
2019(1) Law Herald (SC) 161 : 2018 LawHerald.Org 2050 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Madan B. Lokur Hon’ble Mr. Justice S. Abdul Nazeer Hon’ble Mr.…
Dowry Death—Dowry Demand—Bail—Cruelty to Wife—Investigation had been completed— Trial Court is yet to take call on the report filed by the police- Petitioner is custody for more than one year-Bail granted
2019(1) Law Herald (SC) 640 : 2018 LawHerald.Org 2139 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Kurian Joseph Hon’ble Mr. Justice Hemant Gupta Criminal Appeal No(S). 1417…
High Court dismissed the revision by observing that even though Session Court and High Court have concurrent revisionary jurisdiction but there was no special circumstance to bypass the forum of Session Judge—Appeal against this order—Held; keeping in view the matter is already pending for 16 years impugned order of High Court set aside-High Court to hear the revision on merits-Question of law left open
2019(1) Law Herald (SC) 637 : 2019 LawHerald.Org 614 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Mohan M. Shantanagoudar Hon’ble Mr. Justice N.V. Ramana Criminal Appeal No.…