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The High Court can exercise its inherent jurisdiction under Section 482 CrPC to quash proceedings emanating from an application under Section 12(1) of the DV Act, 2005, but with caution and circumspection, intervening only in cases of gross illegality or abuse of process, as the proceedings are predominantly civil in nature and consequences are distinct from criminal prosecution. In motor accident claims, income assessment should reflect prevailing wages and children and parents are entitled to loss of consortium. Conviction under Wild Life Protection Act for possessing scheduled animal articles upheld based on reliable evidence of conscious possession, irrespective of investigational lacunae in tracing the source or intended buyer. Non-compliance with mandatory requirements in a recruitment advertisement, such as submitting a caste certificate in the specified format, generally leads to rejection of candidature The benefit of probation and reduced sentence under the repealed Prevention of Food Adulteration Act, 1954 is unavailable due to its express exclusion and the saving clause in the repealing Act.
The High Court can exercise its inherent jurisdiction under Section 482 CrPC to quash proceedings emanating from an application under Section 12(1) of the DV Act, 2005, but with caution and circumspection, intervening only in cases of gross illegality or abuse of process, as the proceedings are predominantly civil in nature and consequences are distinct from criminal prosecution. In motor accident claims, income assessment should reflect prevailing wages and children and parents are entitled to loss of consortium. Conviction under Wild Life Protection Act for possessing scheduled animal articles upheld based on reliable evidence of conscious possession, irrespective of investigational lacunae in tracing the source or intended buyer. Non-compliance with mandatory requirements in a recruitment advertisement, such as submitting a caste certificate in the specified format, generally leads to rejection of candidature The benefit of probation and reduced sentence under the repealed Prevention of Food Adulteration Act, 1954 is unavailable due to its express exclusion and the saving clause in the repealing Act.
The High Court can exercise its inherent jurisdiction under Section 482 CrPC to quash proceedings emanating from an application under Section 12(1) of the DV Act, 2005, but with caution and circumspection, intervening only in cases of gross illegality or abuse of process, as the proceedings are predominantly civil in nature and consequences are distinct from criminal prosecution.
Cr P C Domestic Violence
The High Court can exercise its inherent jurisdiction under Section 482 CrPC to quash proceedings emanating from an application under Section 12(1) of the DV Act, 2005, but with caution and circumspection, intervening only in cases of gross illegality or abuse of process, as the proceedings are predominantly civil in nature and consequences are distinct from criminal prosecution.
In motor accident claims, income assessment should reflect prevailing wages and children and parents are entitled to loss of consortium.
Accident
In motor accident claims, income assessment should reflect prevailing wages and children and parents are entitled to loss of consortium.
Conviction under Wild Life Protection Act for possessing scheduled animal articles upheld based on reliable evidence of conscious possession, irrespective of investigational lacunae in tracing the source or intended buyer.
Cr P C
Conviction under Wild Life Protection Act for possessing scheduled animal articles upheld based on reliable evidence of conscious possession, irrespective of investigational lacunae in tracing the source or intended buyer.
Non-compliance with mandatory requirements in a recruitment advertisement, such as submitting a caste certificate in the specified format, generally leads to rejection of candidature
Service
Non-compliance with mandatory requirements in a recruitment advertisement, such as submitting a caste certificate in the specified format, generally leads to rejection of candidature
I P C

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.

Dec 21, 2018 sclaw

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…

Cr P C

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.

Dec 21, 2018 sclaw

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.…

Evidence Act

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.

Dec 20, 2018 sclaw

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…

I P C

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.

Dec 20, 2018 sclaw

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…

Acquittal

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. 

Dec 19, 2018 sclaw

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…

Acquittal

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

Dec 19, 2018 sclaw

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.…

Land Acquisition

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.  

Dec 19, 2018 sclaw

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    …

You missed

Cr P C Domestic Violence

The High Court can exercise its inherent jurisdiction under Section 482 CrPC to quash proceedings emanating from an application under Section 12(1) of the DV Act, 2005, but with caution and circumspection, intervening only in cases of gross illegality or abuse of process, as the proceedings are predominantly civil in nature and consequences are distinct from criminal prosecution.

May 21, 2025 sclaw
Accident

In motor accident claims, income assessment should reflect prevailing wages and children and parents are entitled to loss of consortium.

May 19, 2025 sclaw
Cr P C

Conviction under Wild Life Protection Act for possessing scheduled animal articles upheld based on reliable evidence of conscious possession, irrespective of investigational lacunae in tracing the source or intended buyer.

May 19, 2025 sclaw
Service

Non-compliance with mandatory requirements in a recruitment advertisement, such as submitting a caste certificate in the specified format, generally leads to rejection of candidature

May 19, 2025 sclaw