Quashing—Cheating—Where an attempt has been made by the respondent to cloak a civil dispute with a criminal nature despite the absence of the ingredients necessary to constitute a criminal offence; such proceedings are liable to be quashed
2019(2) Law Herald (SC) 1264 : 2019 LawHerald.Org 920 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr Dhananjaya Y Chandrachud, Hon’ble Mr. Justice Hemant Gupta Criminal Appeal…
Juvenile—Rules as applicable on date of offence are to be considered for determining the age in furtherance of the plea of juvenility
(2019) 1 Crimes 113 : (2019) 2 JT 596 : (2019) 2 RCR(Criminal) 68 : (2019) 3 SCALE 540:2019(2) Law Herald (SC) 1258 : 2019 LawHerald.Org 919 IN THE SUPREME…
Juvenile Justice (Care and Protection of Children) Act, 2015, S.57, 58 & 59—Adoption-Eligibility of Prospective adoptive parents-Inter Country Adoption-By virtue of Section 59(2), they cannot be given priority in inter- country adoption, they being eligible overseas citizens of India-Adoption
(2019) AIR(SC) 1316 : (2019) 2 ALT 176 : (2019) 2 RCR(Civil) 294 : (2019) 3 SCALE 801:2019(2) Law Herald (SC) 1248 : 2019 LawHerald.Org 918 IN THE SUPREME COURT…
Agreement to Sell—Limitation—Buyer cannot claim that the cause of action for filing the suit has not arisen on the date fixed in the contract on the ground that certain conditions in the contract have not been complied with
2019(2) Law Herald (SC) 1241 : 2019 LawHerald.Org 917 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice L. Nageshwara Rao Honbale Mr. Justice Mohan M. Shantanagoudar Civil Appeal…
Accident–Personal Expenses-¬ Deceased had left behind his wife, mother and two minor sisters apart from his father- Even if father of the deceased is not taken as dependant, it would reasonable to take the number of his dependants as four and to provide for deduction of 1/4 for personal and living expenses
2019(2) Law Herald (SC) 1237 : (2019) 1 ACC 725 : (2019) 2 RCR(Civil) 376 : (2019) 4 SCALE 169: 2019 LawHerald.Org 916 IN THE SUPREME COURT OF INDIA Before…
Insurance -Exclusion Clause—When insurance company failed to furnish the terms and conditions of the exclusion and special conditions to the policy holder then the same were not binding on the policy holder
2019(2) Law Herald (SC) 1225 : 2019 LawHerald.Org 915 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice Dr. Dhananjaya Y. Chandrachud Hon’ble Mr. Justice Hemant Gupta Civil Appeal…
Summoning of Additional accused—Mere disclosing the names of the appellants cannot be said to be strong and cogent evidence to make them to stand trial
2019(2) Law Herald (SC) 1214 : (2019) AIR(SC) 1426 : (2019) 1 Crimes 272 : (2019) 3 JT 294 : (2019) 5 Scale 234: 2019 LawHerald.Org 835 IN THE SUPREME…
Expert Evidence—Examination of expert is crucial especially if reliance is placed on the finger print report to suspect the guilt of the appellant
2019(2) Law Herald (SC) 1203 : 2019 LawHerald.Org 834 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K. Sikri Hon’ble Mr. Justice S. Abdul Nazeer Hon’ble Mr. Justice…
Compounding of Offence—Merely because an offence is compoundable under Section 320 Cr.PC, still discretion can be exercised by the court having regard to nature of offence
2019(2) Law Herald (SC) 1200 : 2019 LawHerald.Org 833 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mr. Justice R. Subhash Reddy Criminal Appeal No(s).…
Negotiable Instruments Act, 1881 (NI) – Sections 138, 143A and 148 – Criminal Procedure Code, 1973 (CrPC) – Sections 357(2) and 389 – Dishonour of cheque – Suspension of Sentence – Direction to deposit 25% of the amount of compensation – Appeal against same – Section 148 of the N.I. Act as amended, shall be applicable in respect of the appeals against the order of conviction and sentence for the offence under Section 138 of the N.I. Act, even in a case where the criminal complaints for the offence under Section 138 of the N.I. Act were filed prior to amendment Act No. 20/2018 i.e., prior to 01.09.2018.
SUPREME COURT OF INDIA DIVISION BENCH SURINDER SINGH DESWAL @ COL. S.S.DESWAL AND OTHERS — Appellant Vs. VIRENDER GANDHI — Respondent ( Before : M.R. Shah and A.S. Bopanna, JJ.…