According to Exception I to Section 300 IPC, culpable homicide is not murder if the offender causes the death of the person who gave the provocation, whilst deprived of the power of self-control by grave and sudden provocation. However, the First Proviso to Exception I provides that the provocation should be one which is not sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person.
SUPREME COURT OF INDIA DIVISION BENCH SATYA RAJ SINGH — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : Abhay Manohar Sapre and Indu Malhotra, JJ. ) Criminal…
“Under Section 38 of the Specific Relief Act, an injunction restraining the defendant from disturbing possession may not be granted in favour of the plaintiff unless he proves that he was in actual possession of the suit property on the date of filing of the suit.”
“Under Section 38 of the Specific Relief Act, an injunction restraining the defendant from disturbing possession may not be granted in favour of the plaintiff unless he proves that he…
Private Defence–A right to private defence does not include a right to launch an offence particularly when the need of defence no longer survives. Private Defence–Burden is on accused to show that he had a right to private defence which extended to cause death.
2009(1) LAW HERALD (SC) 423 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Asok Kuamr Ganguly Criminal Appeal No. of 2009…
Accident–Permanent disability–Certificate of Govt. Hospital, should not have disbelieved on the supposition that doctor had been issuing certificates fixing ‘permanent disability which was not proportionate to the injury’.
2009(1) LAW HERALD (SC) 418 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal Nos. 7320-7321 of 2008…
FIR–It is not compulsory to mention the name of accused in FIR.
2009(1) LAW HERALD (SC) 416 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Asok Kuamr Ganguly Criminal Appeal No. 140 of…
Murder motivated by illicit relationship does not fall in rarest of rare category.
2009(1) LAW HERALD (SC) 413 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Mukundakam Sharma Criminal Appeal No. 654 of 2004…
Seniority–Principle of “continuous length of service” i.e. date of appointment should be applied for determining the inter se seniority of the officers of Delhi Higher Judicial Service.
2009(1) LAW HERALD (SC) 399 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice K.G. Balakrishnan The Hon’ble Mr. Justice P. Sathasivam The Hon’ble Mr. Justice J.M.Panchal…
Evidence Law–Confession–Extra Judicial Confession–Conviction made on basis of extra judicial confession–Held; While dealing with a stand of extra judicial confession, Court has to satisfy itself that the same was voluntary and without any coercion and undue influence–Extra judicial confession can form the basis of conviction if persons before whom it is stated to be made appear to be unbiased and not even remotely inimical to the accused
2009(1) LAW HERALD (SC) 396 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Asok Kuamr Ganguly Criminal Appeal No. of 2009…
Acquittal–A judgment of acquittal passed should not be interfered with when two views are possible. Benefit of doubt–When trial Court finds so many infirmities in the prosecution version then trial Court left with no choice but to give benefit of doubt to accused–Acquittal by trial Court should not be interfered with unless it is totally perverse or wholly unsustainable.
2009(1) LAW HERALD (SC) 385 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Criminal Appeal No. 992 of 2005…
Dowry Death–In cases of dowry deaths and suicides, circumstantial evidence plays an important role and inferences can be drawn on the basis of such evidence–That could be either direct or indirect.
2009(1) LAW HERALD (SC) 378 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…