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.…
Re-summoning–There must be substantive evidence against a person in order to summon him for trial u/s 319 of Cr.P.C., although he is not named in charge-sheet or he has been discharged from the case, which would warrant his prosecution thereafter with a good chance of his conviction.
2009(1) LAW HERALD (SC) 249 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Mukundakam Sharma Criminal Appeal No. 9 of 2009…
Relation witness–If witness is related to the deceased, his evidence has to be accepted if found to be reliable and believed because he would inter alia be interested in ensuring that real culprits are punished.
2009(1) LAW HERALD (SC) 243 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Lokeshwar Singh Panta The Hon’ble Mr. Justice B. Sudershan Reddy Criminal Appeal No. 1662-1663…
Succession—Life Interest—Testator of suit property gave ownership rights to his children and life interest to his wife by way of right to live in the suit house and collect rent for her maintenance—Such “life interest” does not get ripen into an “absolute interest”.
(2018) AIR(SCW) 62 : (2018) AIR(SC) 62 : (2018) AllSCR 136 : (2018) 1 ALT 17 : (2018) 1 AndhLD 20 : (2018) 1 BCR 735 : (2017) DNJ 1154…