Service Law—Break in Service—A “break in service” cannot be allowed as a ground by way of punishment in Clause 16 of the Chapter of Punishment in Certified Standing Orders.
2018(4) Law Herald (SC) 2947 : 2018 LawHerald.org 1765 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Ms. Justice Indu Malhotra Civil Appeal No.…
Service Law—Back Wages—Labour Court in one line simply directed the appellant (employer) to pay full back wages for a long period to the deceased workman while directing his reinstatement in service without considering the factors required to determined before awarding full back wages
2018(4) Law Herald (SC) 2943 : 2018 LawHerald.org 1764 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice S. Abdul Nazeer Civil Appeal…
Indian Penal Code, 1860, S.304 Part-II and S.34-Culpable Homicide- Common Intention—Occurrence had taken place at spur of the moment without premeditation—It cannot be said that the appellants had any common intention to kill or knowledge that death was likely to ensue- Therefore, in absence of common intention to kill, each appellant was liable for his own individual acts.
2018(4) Law Herald (SC) 2940 : 2018 LawHerald.org 1763 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Navin Sinha Hon’ble Mr. Justice K.M. Joseph Criminal Appeal No. 1540…
Criminal Procedure Code, 1973, S.125–Maintenance–Non-earning Husband-Determination of monthly maintenance amount payable to the wife on the basis of notional minimum income of the husband as per the current minimum wages is untenable-Living standard of the husband, his family and his past conduct must be taken into consideration.
2018(4) Law Herald (SC) 2933 : 2018 LawHerald.org 1762 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice DipakMisra Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice Dr.…
Criminal Procedure Code, 1973, S.427–Concurrent running of sentences—Default sentence inter se cannot be directed to run concurrently.
2018(4) Law Herald (SC) 2922 : 2018 LawHerald.org 1761 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Uday Umesh Lalit Criminal Appeal…
Evidence Act, 1872-Extra Judicial Confession—Law does not require that the evidence of an extra-judicial confession should in all cases be corroborated—The rule of prudence does not require that each and every circumstance mentioned in the confession must be separately and independently corroborated.
2018(4) Law Herald (SC) 2916 : 2018 LawHerald.Org 1758 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Barmmathi Hon’ble Mrs. Justice Indira Banerjee Criminal Appeal No. 576…
Indian Penal Code, 1860, S.306—Abetment to Suicide—Reduction in Sentence—Appellant (Father-in-law) was harassing the deceased so to bring money from her parents as her husband was not working- Deceased has specially attributed the overt act of the appellant pouring kerosene and setting up fire on appellant (father-in-law)– Incident was of the year 1986 and State has not filed appeal against acquittal u/s 302 IPC—Conviction upheld—Appellant directed to undergo remaining sentence.
2018(4) Law Herald (SC) 2914 : 2018 LawHerald.Org 1618 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Criminal Appeal No(s). 1597…
Arbitration & Conciliation Act, 1996, S.34—Award-Objections-Court while deciding a section 34 petition has no jurisdiction to remand the matter to the Arbitrator for a fresh decision.
2018(4) Law Herald (SC) 2913 : 2018 LawHerald.Org 1748 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Rohinton Fall Nariman Hon’ble Mr. Justice Navin Sinha Civil Appeal No.…
Indian Penal Code, 1860, S.302–Murder–Material Contradictions-Acquittal- -Inconsistent version between the evidence of Investigation Officer and father of deceased with regard to recovery of material objects and also in identification of those material objects—Acquittal upheld.
2018(4) Law Herald (SC) 2911 : 2018 LawHerald.org 1760 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mr. Justice Vineet Saran Criminal Appeal No. 1133-1135…
Indian Penal Code, 1860, S.498-A-Cruelty against wife—Relatives of Husband–Quashing–Appellants are not the immediate family members of the husband—They are his maternal uncles—Except the bald statement that they supported the husband who was harassing the wife for dowry and that they conspired with the third Respondent for taking away his child to the U.S.A., nothing else indicating their involvement in the crime was mentioned—Prima facie case has not been made out against the appellants for proceeding against them under Sections 498-A, 120-B, 420 and 365 IPC-FIR quashed
2018(4) Law Herald (SC) 2909 : 2018 LawHerald.org 1759 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice S.A. Bobde Hon’ble Mr. Justice L. Nageswara Rao CRIMINAL APPEAL No.…