Previous Bad Character—Use of previous bad character evidence is prohibited except when the convict himself chooses to lead evidence of his good character. Murder—Death Sentence—Life Imprisonment—The criminal, however ruthless he might be, is nevertheless a human being and is entitled to a life of dignity notwithstanding his crime. Murder—Death Sentence—Where the social re-integration of the convict may not be possible, the option of a long duration of imprisonment is permissible. DNA Test—Failure to produce available DNA evidence leads to an adverse presumption against the prosecution and in favour of appellant for the purpose of sentence only.
2019(1) Law Herald (SC) 172 : 2018 LawHerald.Org 2051 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Madan B. Lokur Hon’ble Mr. Justice S. Abdul Nazeer Hon’ble Mr.…
Murder—Death Sentence—Mitigating Factor—Socio-economic factors must be taken into consideration as access to justice and remedies to justice are not easily available to the poor and the needy
2019(1) Law Herald (SC) 161 : 2018 LawHerald.Org 2050 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Madan B. Lokur Hon’ble Mr. Justice S. Abdul Nazeer Hon’ble Mr.…
Dowry Death—Dowry Demand—Bail—Cruelty to Wife—Investigation had been completed— Trial Court is yet to take call on the report filed by the police- Petitioner is custody for more than one year-Bail granted
2019(1) Law Herald (SC) 640 : 2018 LawHerald.Org 2139 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Kurian Joseph Hon’ble Mr. Justice Hemant Gupta Criminal Appeal No(S). 1417…
High Court dismissed the revision by observing that even though Session Court and High Court have concurrent revisionary jurisdiction but there was no special circumstance to bypass the forum of Session Judge—Appeal against this order—Held; keeping in view the matter is already pending for 16 years impugned order of High Court set aside-High Court to hear the revision on merits-Question of law left open
2019(1) Law Herald (SC) 637 : 2019 LawHerald.Org 614 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Mohan M. Shantanagoudar Hon’ble Mr. Justice N.V. Ramana Criminal Appeal No.…
Insurance—Where due to deficiency in service, the complainant has suffered loss of benefits of an escalation in his investment value than mere direction for refund of payment along with interest will not provide sufficient redressal of his grievance—Heavy Compensation amount over and above such amount should be awarded
2019(1) Law Herald (SC) 633 : 2019 LawHerald.Org 6O9 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. Dhananjaya Y. Chandrachud Hon’ble Mr. Justice Hetnant Gupta Civil Appeal…
Agreement to Sell—Concurrent findings of fact—The issue of readiness and willingness is the most important issue for considering the grant of specific performance of the contract and the same having been held (in favour or against the plaintiff) by the Courts below on appreciation of evidence; is binding even on Supreme Court
2019(1) Law Herald (SC) 630 : 2019 LawHerald.Org 608 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Ms. Justice Indu Malhotra Civil Appeal No.…
Second Appeal—Casual approach of the High Court in disposing of the second appeal which does not decide or deals with any issue(s) arising in the case, cannot be countenanced—Case remanded back to be decided afresh
2019(1) Law Herald (SC) 627 : 2019 LawHerald.Org 607 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abahy Manohar Sapre Hon’ble Ms. Justice Indu Malhotra Civil Appeal No.…
Indigent Person—Dismissal of application made under O.33 R.I CPC by the Trial Court in the earlier round of litigation is not a bar against the plaintiff to file an application/appeal as an indigent person under O.44 R.I CPC before the Appellate Court.
2019(1) Law Herald (SC) 621 : 2019 LawHerald.Org 606 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Ms. Justice Indu Malhotra Civil Appeal No.ll7of2019…
Service Law—Appointment—Once there was sanction for the subject in a school, the department cannot deny the sanction of a post of teacher
2019(1) Law Herald (SC) 620 : 2018 LawHerald.Org 2140 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Kurian Joseph Hon’ble Mr. Justice Hemant Gupta Civil Appeal No(S). 11331…
Indian Penal Code, 1860, S.354 and S.448–Outraging modesty of woman-Reduction in Sentence—Compounding of Offence—House Trespass-Incident is about 10 years old-Submission by complainant that with passage of time, the grudges amongst each other have vanished away and have taken a shape of friendship-Sentence reduced to period already undergone which was more than minimum prescribed sentence-Criminal Procedure Code, 1973, S.320
2019(1) Law Herald (SC) 618 : 2018 LawHerald.Org 2138 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Kurian Joseph Hon’ble Mr. Justice Hemant Gupta Criminal Appeal No(s). 1415…