Penal Code, 1860 (IPC) – Sections 170, 395 and 412 – Criminal Procedure Code, 1973 (CrPC) – Section 313 – Dacoity –While maintaining the conviction, the impugned judgment and order passed by the High Court by which the accused are sentenced to undergo seven years R.I. is hereby modified and both the accused are sentenced to undergo five years R.I. for the offences for which they are convicted – Appeals partly allowed.
SUPREME COURT OF INDIA DIVISION BENCH JAHANGIR HUSSAIN AND OTHERS — Appellant Vs. STATE OF WEST BENGAL — Respondent ( Before : L. Nageswara Rao and M.R. Shah, JJ. )…
Arbitration and Conciliation Act, 1996 – Section 11(6) – Appointment of independent arbitrator – Whether the Chief Justice or his Designate in exercise of power under Section 11(6) of the Act should directly make an appointment of an independent arbitrator without, in the first instance, resorting to ensure that the remedies provided under the arbitration agreement are exhausted. HELD The appellants are directed to appoint the arbitrator in terms of clause 64(3) of the agreement
SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA — Appellant Vs. PARMAR CONSTRUCTION COMPANY — Respondent ( Before : A.M. Khanwilkar and Ajay Rastogi, JJ. ) Civil Appeal No.…
Industrial Disputes Act, 1947 – Section 10 – Claim for Regularization – Industrial reference – High Court was right in observing that the remedy of the appellant and respondent Nos. 46 lies in applying to the Central Government to make an industrial reference to the Industrial Tribunal under Section 10 of the ID Act
SUPREME COURT OF INDIA DIVISION BENCH SUNIL KUMAR BISWAS — Appellant Vs. ORDINANCE FACTORY BOARD AND OTHERS — Respondent ( Before : Abhay Manohar Sapre and Dinesh Maheshwari, JJ. )…
Evidence Act, 1872 – Section 27 – Abduction and murder – Merely because the actual recovery of the body happened before the accused lead the police to the scene, it does not, in the facts and circumstances of this case, negate the validity of the recovery based on a confession, in terms of Section 27 of the Evidence Act.
SUPREME COURT OF INDIA FULL BENCH PATTU RAJAN — Appellant Vs. THE STATE OF TAMIL NADU — Respondent ( Before : N.V. Ramana, Mohan M. Shantanagoudar and Indira Banerjee, JJ.…
Abetment to Suicide—Proximity of Time—Conviction is not sustainable on the allegation of harassment without there being any positive action proximate to the time of occurrence on the part of the accused, which led or compelled the person to commit suicide.
2019(1) Law Herald (SC) 316 : 2019 LawHerald.Org 521 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageshwara Rao Hon’ble Mr. Justice M.R. Shah Criminal Appeal No.…
Motor Vehicles—No vehicle can be altered so as to change original specification made by manufacturer.
2019(1) Law Herald (SC) 296 : 2019 LawHerald.Org 522 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Arun Mishra Hon’ble Mr. Justice Vineet Saran Civil Appeal Nos. 219-222…
Criminal Procedure Code, 1973, S.482~Quashing~Complaint which is merely an attempt to wreck vengeance by the complainant against accused is liable to be quashed being abuse of process of law
2019(1) Law Herald (SC) 288 : 2019 LawHerald.Org 520 (2019) AIR(SC) 535 : (2019) 1 Scale 355 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Uday Umesh Lalit…
CBI–Interim suspension of Director of Central Bureau of Investigation by Central Vigilance Commission without formation of High Powered Committee, set aside.
2019(1) Law Herald (SC) 268 : 2019 LawHerald.Org 2064 (2019) AIR(SC) 438 : (2019) 1 Scale 257 SUPREME COURT OF INDIA FULL BENCH ALOK KUMAR VERMA — Appellant Vs. UNION OF INDIA…
Execution of Decree—It is not within the jurisdiction of the executing court to decide whether the decree was passed in the absence of territorial jurisdiction by the Civil Court—Executing Court cannot go beyond decree.
2019(1) Law Herald (SC) 259 : 2019 LawHerald.Org 508 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr Dhananjaya Y Chandrachud Hon’ble Mr. Justice Hemant Gupta Civil Appeal…
Murder—Rape of girl aged 8 years—No finding recorded by courts below to the effect that there is no possibility of reformation of appellant-Death sentence converted into imprisonment for life.
2019(1) Law Herald (SC) 252 : 2019 LawHerald.Org 507 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice S.A. Bobde Hon’ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice…