Culpable Homicide not amounting to murder—Deceased (husband) provoked the accused (wife) by calling her and her daughters ‘prostitute’—Said conduct of deceased deprived accused of power of self control—Deceased to be convicted u/s 304-1IPC and not underS.302 IPC
2019(1) Law Herald (SC) 659 : 2019 LawHerald.Org 615 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Mohan M. Shantanagoudar Hon’ble Mrs. Justice Dinesh Maheshwari Criminal Appeal No…
Service Law—Writ Jurisdiction—No writ lies at the instance of any employee or the employer for claiming enforcement of any personal contractual rights inter se between the employee and his employer.
2019(1) Law Herald (SC) 655 : 2019 LawHerald.Org 613 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Writ Petition (Crl.)…
Dishonor of Cheque—Offence by Company—Company not arraigned as an accused—High Court was wrong in observing that the Company can now be proceeded against—High Court ought to quash the proceedings
2019(1) Law Herald (SC) 650 : 2019 LawHerald.Org 612 (2019) 2 SCALE 100 SUPREME COURT OF INDIA DIVISION BENCH HIMANSHU — Appellant Vs. B. SHIVAMURTHY AND ANOTHER — Respondent ( Before : Dr.…
Agreement to Sell—Specific Performance—Agreement to Se// executed by Karta of Joint Hindu family property would be binding on all co-parceners Legal Representatives—Impleadment of—It is not necessary to bring all of the legal representatives on record.
2019(1) Law Herald (SC) 641 : 2019 LawHerald.Org 611 IN THE SUPREME COURT OF INDIA Before Hon ble Mr. Justice Abhay Manohar Sapre Hon’ble Ms. Justice Indu Malhotra Civil Appeal…
Indian Penal Code, 1860, S.365 and S.394–Bail–Kidnapping–Appellant is in custody from about last 4 months-Further custody of the accused will come in the way of conduct of trial that will have to be held against him-Appellant ought to be released on bail-Bail granted
2019(1) Law Herald (SC) 675 : 2019 LawHerald.Org 617 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice Sanjiv Khanna Criminal Appeal No(S).…
Quashment–Matter involving civil nature dispute–A matter essentially involves dispute of a civil nature should not be allowed to be subject matter of a criminal offence, the latter being not a short cut of execution of a decree which is non existent.
2009(1) LAW HERALD (SC) 617 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Criminal Appeal No. 2048 of 2008…
On the peculiar facts and circumstances, it may not be just to deny the plot to the appellant, inspite of having been allotted plots, both under the general category and under the Government employees quota. In the circumstances, we are of the view that the HUDA should accept the belated production of Integrity Certificate and confirm the allotment of Plot No. 946 (Sector 25) to the appellant
2009(1) LAW HERALD (SC) 615 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendaran The Hon’ble Mr. Justice J.M.Panchal Civil Appeal No. 607 of 2009 (Arising…
Inheritance–Legal heir–Claim over property–Respondent claimed that disputed property in itself acquired property of his father–However, no evidence produced by respondent that the property was self acquired property his father–No entry of name of respondent in revenue record–Revisional Court rightly held that property was not self acquired property of father of respondent.
2009(1) LAW HERALD (SC) 612 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Lokeshwar Singh Panta The Hon’ble Mr. Justice B.Sudershan…
Accident–Highest/lowest multiplier–Highest multiplier has to be for the age group of 21 years to 25 years when an ordinary Indian Citizen starts independently earning and the lowest would be in respect of a person in the age group of 60 to 70, which is the normal retirement age.
2009(1) LAW HERALD (SC) 609 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Asok Kumar Ganguly Civil Appeal No. of 2009…
Common intention–Evidence of PWs 2 and 3 did not attribute any overt act to the appellant–The mere fact that he was in the company of the accused who were armed would not be sufficient to attract Section 34 IPC–Appellant cannot be held guilty by application of Section 34 IPC–His conviction is accordingly set aside. Common intention–Section 34 is applicable even if no injury has been caused by the particular accused himself–For applying Section 34 it is not necessary to show some overt act on the part of the accused.
2009(1) LAW HERALD (SC) 606 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Asok Kumar Ganguly Criminal Appeal No. of…