Rape–Medical certificate granted by the Doctor suggests that the Hymen was torn at 6’O clock position and the rugosity was lost–There was no reason for the poor girl to falsely implicate the accused. Rape–Defence cannot take advantage of bad investigation where there is clinching evidence available to the prosecution–Truthful version of the prosecutrix cannot be ignored.
2009(1) LAW HERALD (SC) 593 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice V.S.Sirpurkar Criminal Appeal No. 222 of 2009 (Arising…
Rape and Abduction–Accused contending that he had married the victim–No signature or thumb impression was obtained and the Kazi who is claimed to have solemenised the nikah was not examined–Conviction upheld.
2009(1) LAW HERALD (SC) 591 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dr. Mukundakam Sharma Criminal Appeal No.100 of…
Landlord & Tenant-Eviction-Revision of Rent-Agreed rent which was being paid by the tenant with annual increment decided at the time of creation of tenancy (10%) is not liable to re-determined as per amendment in statutory Act fixing rate of annual increment (7.5%)–Rate of annual increment would be applicable after the commencement of amendment–Tenant cannot unilaterally revise the rent already paid as statutory amendment
2019(1) Law Herald (SC) 493 : 2019 LawHerald.Org 556 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice K.M. Joseph Civil Appeal Nos. 12561-12562…
Consumer Protection Act, 1986, S.27–Imposition of Penalty-Appellant was shown as Secretary of the Society during the relevant period—For the default committed by a Credit Society (non return of amount invested alongwith interest as assured) and in absence of any personal liability imposed on the appellant, no order for imprisonment can be ordered for imprisonment of appellant
2019(1) Law Herald (SC) 572 : 2018 LawHerald.Org 2135 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R. Subhash Reddy Hon’ble Mr. Justice Uday Umesh Lalit Civil Appeal…
Consumer Protection Act, 1986, S. 12–Medical Negligence-Vegetative State–Child aged two and half years underwent minor survey but thereafter developed respiratory distress and has been reduced to a vegetative state–Forums below had awarded Rs. 10 lakhs as compensation payable jointly by surgeon and the anesthetist-Compensation enhanced further by Rs.7 lakhs
2019(1) Law Herald (SC) 552 : 2019 LawHerald.Org 602 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. Dhananjay Y. Chandrachud Hon’ble Mr. Justice Hemant Gupta Civil Appeal…
Criminal Procedure Code, 1973, S.456–Forcible Dispossession-Restoration of Possession—Limitation-Limitation of 30 days filing an application would apply only if the Trial Court had not passed any order in respect of the case property while convicting the accused—No limitation has been provided for the higher courts to make an order for restoration of possession while disposing the proceedings before it.
2019(1) Law Herald (SC) 535 : 2019 LawHerald.Org 60O IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Deepak Gupta Criminal Appeal No. 1104 of 2011 Mahesh Dube v.…
Scheduled Caste (Prevention of Atrocities) —Minimum Sentence—High Court cannot award sentence less than the minimum sentence (six months) as prescribed by the statute.
2019(1) Law Herald (SC) 507 : 2019 LawHerald.Org 597 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Hemant Gupta Criminal Appeal No. 208 of 2019 (Arising out of…
Examination of Witness—Where the prosecution evidence has been closed long back and the reasons for non-examination of the witness earlier is not satisfactory; the summoning of the witness at belated stage would cause great prejudice to the accused and should not be allowed
2019(1) Law Herald (SC) 503 : 2019 LawHerald.Org 596 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice S. Abdul Nazeer Criminal Appeal No. 15 of 2019 (Arising out…
Domestic Violence—Right to Residence—Wife is entitled to claim residence in the shared household only if she establishes domestic violence
2019(1) Law Herald (SC) 492 : 2019 LawHerald.Org 555 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice M.R. Shah Petition(s) for Special…
Quashing—Compromise between parties—Order of quashing cannot be challenged merely on the ground that out of three accused persons statement of only one accused person was recorded before High Court when both the other accused had participated in quashing proceedings
2019(1) Law Herald (SC) 488 : 2019 LawHerald.Org 554 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Criminal Appeal No.234…