Land Acquisition Act, 1894, S. 18—Development Charges—Deduction of 50%—Deduction held to be justified on following grounds—Held; (i) Land acquired in question is a large chunk of land (101 acres approx.); (ii) It is not fully developed; (iii) Landowners have not filed any exemplar sale deed relating to large pieces of land sold in acres to prove the market value of the acquired land; (iv) Exemplar sale deed relied on by the landowners, pertains to very small pieces of land (19 guntas); (v) Three distinguishing features noticed in the land in exemplar sale deed are not present in the acquired land.
2018(4) Law Herald (SC) 2902 : 2018 LawHerald.Org 1757 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Uday Umesh Lalit …
Murder—Gun Shot—Accused fired only one gunshot on back portion of left thigh—Act of accused was to cause bodily injury which was likely to cause death and had no intention to kill—Accused acquitted
(2018) 104 ACrC 987 : (2018) 104 ACrC 987 : (2018) 189 AIC 20 : (2018) 189 AIC 20 : (2018) 4 AICLR 361 : (2018) AllSCR(Crl) 1302 :…
Rape— Women of easy virtue—A woman of easy virtue also could not be raped by a person for that reason. Perjury—Police Officers—To initiate prosecution under Section 195 Cr.P.C too readily that too against the police officials who were conducting the investigation may not be a correct approach.
2018(4) Law Herald (SC) 2883 : 2018 LawHerald.Org 1755 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Criminal Appeal No. 2299…
Accident—Insurance—Cancellation of Policy—Intimation sent through registered post would be deemed to be served—Burden of proof is on insurer to prove non receipt of intimation
2018(4) Law Herald (SC) 2880 (FB) (Ker) : 2018 LawHerald.Org 1754 IN THE HIGH COURT OF KERALA [FULL BENCH] Before Hon’ble Mr. Justice V. Chitambaresh Hon’ble Mr. Justice P.B. Suresh…
Indian Penal Code, 1860, S.302~Murder~Charges—Omission to frame charge—Accused failed to prove prejudice caused to him due to non- framing of charge—Non objection has been raised earlier on this ground- Accused throughout has been defending himself against charge u/s 302 r/ w S.34 IPC-In such facts and circumstances, it cannot be said that the failure of justice has occasioned to him and the absence of a charge under Section 302 read with Section 34IPC cannot be said to have caused any prejudice to him—Conviction upheld.
2018(4) Law Herald (SC) 2869 : 2018 LawHerald.Org 1753 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Criminal Appeal No. 1568…
Indian Penal Code, 1860, S.302~Murder~Injuries on deceased-Acquittal- -Weapon of offence—Deceased had suffered multiple chop injuries- Weapon of offence recovered from place of occurrence is an ordinary knife used for cutting betel nut, one feet long with a bent sharp point—Chop injuries were not possible with the same—The alleged knife was not even shown to doctor for eliciting opinion if the injuries could have been caused by the same—Accused acquitted.
2018(4) Law Herald (SC) 2862 : 2018 LawHerald.Org 1752 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R.F. Nariman Hon’ble Mr. Justice Navin Sinha Criminal Appeal No. 1330…
Criminal Procedure Code, 1973, S.231(2)–Deferment of cross-examination of witness—Balance must be struck between the rights of the accused, and the prerogative of the prosecution to lead evidence—The following factors must be kept in consideration: (i) possibility of undue influence on witness(es); (ii) possibility of threats to witness(es); (iii) possibility that non-deferral would enable subsequent witnesses giving evidence on similar facts to tailor their testimony to circumvent the defence strategy; (iv) possibility of loss of memory of the witness(es) whose examination-in-chief has been completed; (v) occurrence of delay in the trial, and the non-availability of witnesses, if deferral is allowed, in view of Section 309(1) of the Cr.P.C.
2018(4) Law Herald (SC) 2852 : 2018 LawHerald.Org 1751 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mrs. Justice Indu Malhotra Criminal Appeal No.…
Murder—Single blow with sword (sharp edged weapon) in the rib cage area of deceased—Accused held not to had intention to kill—Accused acquitted
2018(4) Law Herald (SC) 2850 : 2018 LawHerald.Org 1750 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ranjan Gogol Hon’ble Mrs. Justice R. Banumathi Hon’ble Mr. Justice Navin…
SARFESAI— Practise of High Courts in granting interim reliefs to persons declared as NPAs deprecated
2018(4) Law Herald (SC) 2848 : 2018 LawHerald.Org 1747 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Rohinton Pali Nariman Hon’ble Mr. Justice Navin Sinha Civil Appeal Nos.…
Motor Vehicles Act, 1988, S.166–Accident-Insurance–Pay & Recover- Insurance company held not liable to pay keeping in view breach of terms of policy—Insurance company contended since owner of offending vehicle has been proceeded exparte therefore it will be difficult to trace the owner so they are not liable to first pay and then recover—Contention rejected- Insurance company directed to pay & recover.
2018(4) Law Herald (SC) 2841 : 2018 LawHerald.Org 1746 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice Dipak Misra Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice…