Unlawful assembly and rioting with deadly weapons – Common object – The important ingredients of an unlawful assembly are the number of persons forming it i.e., five; and their common object. Common object of the persons composing that assembly could be formed on the spur of the moment and does not require prior deliberations – Course of conduct adopted by the members of such assembly; their behaviour before, during, and after the incident; and the arms carried by them are a few basic and relevant factors to determine the common object.
SUPREME COURT OF INDIA DIVISION BENCH MANJIT SINGH — Appellant Vs. THE STATE OF PUNJAB — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari, JJ. ) Criminal Appeal No.…
The version, as projected in the declaration, is clinchingly proved by this circumstance that kerosene was indeed the fuel used which caused the burn injuries and its position in the inner room is entire compatible with the dying declaration – Appeal dismissed.
SUPREME COURT OF INDIA DIVISION BENCH JAGBIR SINGH — Appellant Vs. STATE (NCT OF DELHI) — Respondent ( Before : Sanjay Kishan Kaul and K.M. Joseph, JJ. ) Criminal Appeal…
High Court has erred in quashing and setting aside the acquisition proceedings on the ground that the same have lapsed as the award was not declared within a period of two years from the date of declaration under Section 6 of the Act – High Court has committed a grave error in not excluding the period of interim stay granted by it in writ petition – Even grant of interim stay of possession would also save lapsing of the acquisition – Appeal allowed.
SUPREME COURT OF INDIA FULL BENCH THE STATE OF MAHARASHTRA AND OTHERS — Appellant Vs. M/S MOTI RATAN ESTATE AND ANOTHER — Respondent ( Before : Arun Mishra, M.R. Shah…
Weights and Measures Act, 1976 – Sections 12 and 30 – Short delivery of petrol and diesel – Section 153 of the Indian Penal Code has been made inapplicable under the Act as power of search and seizure is vested with the designated authorities under the Act. Therefore, the entire Code is inapplicable in respect of the prosecution under the Act that the police cannot enter any place for the purpose.
SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF UTTAR PRADESH — Appellant Vs. AMAN MITTAL AND ANOTHER — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ.…
Accident—Registered Owner—Merely because the vehicle was transferred does not mean that such registered owner stands absolved of his liability to a third person.
2019(1) Law Herald (P&H) 304 (SC) : 2018 LawHerald.Org 2059 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Uday Umesh Lalit Hon’ble Mr. Justice Dr. Dhananjaya Y. Chandrachud…
Eviction—Bonafide Requirement—Merely because son of the landlord was involved in business during pendency of eviction petition, bonafide need for the son cannot be doubted
2019(1) Law Herald (P&H) 298 (SC) : 2018 LawHerald.Org 2057 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Civil Appeal No.…
Criminal Procedure Code, 1973, S.154—Registration of FIR—An Executive Magistrate has no role to play in directing the police to register an F.I.R. on basis of a private complaint lodged before him
2019(1) Law Herald (P&H) 296 (SC) : 2018 LawHerald.Org 2055 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R.F. Nariman Hon’ble Mr. Justice Navin Sinha Criminal Appeal No.…
Summoning as additional accused—Appellant who had been discharged earlier can be summoned as additional accused if sufficient material is brought on record against him
2019(1) Law Herald (P&H) 294 (SC) : 2018 LawHerald.Org 2054 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice Mohan M. Shantanagoudar Criminal Appeal…
Electricity Act, 2003, S.151–Theft of Electricity-Cognizance of Offence-Special Court is empowered to take cognizance without there being an order of committal as contemplated under Section 193 of CrPC
2019(3) Law Herald (SC) 1803 : 2019 LawHerald.Org 1221 IN THE SUPREME COURT OF INDIA Before Hon*ble Mrs. Justice R. Banumathi Hon’ble Mr. Justice R. Subhash Reddy Criminal Appeal No.…
Service Law—Termination of Services—If the initial appointment itself Is void, then the provisions of the Industrial Disputes Act, 1947 are not applicable for terminating the services of such workman
(2019) 4 JT 303 : (2019) 6 Scale 374 : 2019(3) Law Herald (SC) 1892 : 2019 LawHerald.Org 1035 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice…