Indian Penal Code, 1860, S. 45 and 47–Criminal Procedure Code, 1973, S. 432, 433 and 433A–Premature release–Restriction on powers of remission or commutation in certain cases–A convict awarded life sentence has to undergo imprisonment for at least 14 years–While Sections 432 and 433 empowers the appropriate Government to suspend, remit or commute sentences, including a sentence of death and life imprisonment, a fetter has been imposed by the legislature on such powers by the introduction of Section 433A into the Code of Criminal Procedure by the Amending Act of 1978, which came into effect on and from 18th December, 1978–By virtue of the non-obstante clause used in Section 433A, the minimum term of imprisonment in respect of an offence where death is one of the punishments provided by laws or where a death sentence has been commuted to life sentence, has been prescribed as 14 years.
2010(1) LAW HERALD (SC) 125 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Dr. Justice B.S. Chauhan Special Leave Petition (Criminal) No. 4614…
Service Law–Backwages–Respondent was appointed as a Constable in PAC (Provincial Armed Constabulary)–He was convicted in a criminal case–Therefore, his services were terminated–Later , respondent acquitted from the charges of the Criminal case–Respondent filed writ petition for his reinstatement which was allowed by Single Judge–Respondent accepted that he would not be entitled for back wages–Fact that the respondent would not be entitled to back ages accepted by the respondent–Appeal deserves to be disposed of with clarification that the respondent would not be entitled to back wages–Appellants not been directed by the Single Judge or by the Division Bench to pay back wages to the respondent–Clarified that the respondents would not be entitled to back wages at all
2010(1) LAW HERALD (SC) 124 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice J.M. Panchal The Hon’ble Dr. Justice Mukundakam Sharma Civil Appeal No. 2816 of 2007…
High Court held that the transfers not effected by the provisions of Section 47 and 50B of the 1950 Act and observed that the original plaintiff had lost his possession in the land when he executed the agreement for sale and made over possession of the lands in question to the intending purchaser–Appeal against–Plaintiffs at no point of time objected to the Agreement for Sale despite the same being adverse to their interest–High Court, correctly held that the possession of the defendants was adverse to the interests of the plaintiff—No interference to the impugned judgment of the High Court called for.
2010(1) LAW HERALD (SC) 121 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Cyriac Joseph Special Leave Petition (Civil) No. 24089…
Trial Court and the High Court disbelieved the Will in favour of the appellant and decreed the suit of the respondents even though substantial questions of law arose–Impugned orders of the High Court set aside and case remitted back to the High Court for fresh disposal considering the substantial questions of law.
2010(1) LAW HERALD (SC) 119 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice P. Sathasivam The Hon’ble Mr. Justice Asok Kumar Ganguly Civil Appeal Nos. 650-651 of…
Delay and laches–Enormous delay of more than 30 years on the part of the respondent in approaching the Court–Merely giving representation neither extend the limitation nor wipe out the delay and laches.
2010(1) LAW HERALD (SC) 116 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendran The Hon’ble Mr. Justice K.S. Radhakrishnan Civil Appeal No. 4185 of 2006…
Abetment of suicide–In order to convict a person under section 306 IPC there has to be a clear mens rea to commit the offence–It also requires an active act or direct act which led the deceased to commit suicide seeing no option and this act must have been intended to push the deceased into such a position that he commits suicide.
2010(1) LAW HERALD (SC) 113 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dalveer Bhandari The Hon’ble Mr. Justice A. K. Patnaik Criminal Appeal No. 1301 Of…
Acquisition–Amendment of Section 17 of the Land Acquisition Act, 1894–Proviso inserted in sub-section(4) State of U.P-Amending Act was perfectly a valid legislation.
2010(1) LAW HERALD (SC) 82 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice V.S. Sirpurkar Civil Appeal Nos. 2650-2652 of 2008…
Rape–Consent–There was a love affair between appellant, and the prosecutrix–She did not ever resist her being repeatedly deflowered by the appellant–No mark of injury found on her body and her secondary sex characters were well developed–Appellant entitled to benefit of doubt.
2010(1) LAW HERALD (SC) 77 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dalveer Bhandari The Hon’ble Mr. Justice A.K. Patnaik Criminal Appeal No. 2308 of 2009…
Forums below recorded a concurrent finding of fact that there is negligence on the part of the bank in rendering the services–Order upheld by Supreme Court.
2010(1) LAW HERALD (SC) 75 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice D.K. Jain The Hon’ble Mr. Justice T.S. Thakur Civil Appeal No. 1064 of 2003…
Compensation–Use, to which the acquired land may be put, can have no bearing upon the deduction to be made towards development cost and the purpose of acquisition cannot be a factor to increase the compensation.
2010(1) LAW HERALD (SC) 68 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendran The Hon’ble Mr. Justice G.S. Singhvi Civil Appeal No. 5844 of 2004…