Murder—Identification of Accused—Specific identification of the four accused, from a group of 200- to 300 rioters, with 100% perfection; without a mention of any distinguishing marks seems highly improbable—Accused acquitted. Murder—Test Identification Parade—No reasonable explanation provided for such an inordinate delay of 55 days in conducting the TIP— Accused acquitted Murder—Gunshot Injury—Both the Post -Mortem report and the F.S.L. report are incompatible with each other with regard to exit wound and recovery of bullet—Accused acquitted. Murder—Benefit of doubt arising out of inefficient/defective investigation must be bestowed upon the accused.
2019(1) Law Herald (SC) 55 : 2018 LawHerald.Org 1960 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N. V. Ramana Hon’ble Mr. Justice Mohan M. Shantanagoudar Criminal Appeal…
Maintenance—Woman who is not legally wedded wife can claim maintenance under Domestic Violence Act if not entitled to maintenance under S.125Cr.P.C
2019(1) Law Herald (SC) 53 : 2018 LawHerald.Org 1959 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice Ranjan Gogoi Hon’ble Mr. Justice Uday Umesh Lalit Hon’ble Mr.…
Identity of victim of sexual offences—Directions issued that no person can print or publish in print, electronic, social media, etc. the name of the victim or even in a remote manner disclose any facts which can lead to the victim being identified and which should make her identity known to the public at large.
2019(1) Law Herald (SC) 26 : 2018 LawHerald.Org 1938 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Madan B. Lokur Hon’ble Mr. Justice Deepak Gupta Writ Petition (Civil)…
Cheating—Merely because the accused has not paid the amount due and payable under the agreement; no offence u/s 406 & 420 IPC is made out—Dispute is of civil nature—Complaint quashed.
2019(1) Law Herald (SC) 50 : 2018 LawHerald.Org 1958 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Mohan M. Shantanagoudar Hon’ble Mr. Justice M. R. Shah Criminal Appeal…
Arbitration—Interest on Award—In an international commercial arbitration, in the absence of an agreement between the parties on interest, the rate of interest awarded would be governed by the law of the seat of arbitration Arbitration—Interest on Award—International commercial agreement–When the parties do not operate in the same currency, a uniform rate of interest for both the currencies would not be justified
2019(1) Law Herald (SC) 9 : 2018 LawHerald.Org 1918 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice Rohinton Fall Nariman Hon’ble Mrs. Justice Indu Malhotra Civil Appeal No.…
Indian Penal Code, 1860, S. 306-Abetment to Suicide–Quashing–Mens rea–High Court ought not to have gone into whether there was requisite mental element or intention on part of accused during the pendency of investigation and pendency of filing of charge sheet
2019(1) Law Herald (SC) 4 : 2018 LawHerald.Org 1859 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Uday Umesh Lalit Hon’ble Mr. Justice Dr. Dhananjaya Y. Chandrachud Criminal…
Service Law—Appointment—Judicial Officer—Acquittal in criminal case involving moral turpitude cannot be a ground to deny appointment.
2019(1) Law Herald (SC) 1 : 2018 LawHerald.Org 1749 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Kurian Joseph Hon’ble Mr. Justice Sanjay Kishan Kaul Hon’ble Mr. Justice…
Re-assessment–Police Training–Deficiency, if any, in not allotting proper marks by authorities cannot deprive them of the benefit which they have already obtained.
2009(1) LAW HERALD (SC) 471 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Lokeshwar Singh…
Limitation–Under Section 28 of Contract Act, parties are entitled to provide a period of limitation shorter than that prescribed under Limitation Act.
2009(1) LAW HERALD (SC) 466 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dalveer Bhandari The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 6347 of…
Insurance Contract–An apprentice is not an employee in common parlance.
2009(1) LAW HERALD (SC) 465 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Markandey Katju The Hon’ble Mr. Justice R.M. Lodha Civil Appeal No(s). 7972 of…