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Defamation — Imputation in Good Faith for Protection of Interests — Exception 9 to S. 499 IPC engrafts the principle of qualified privilege, stating it is not defamation to make an imputation on the character of another, provided it is made in good faith for the protection of the interest of the person making it, or of any other person, or for the public good ESI – The definition of ‘principal employer’ under Section 2(17) is wide and includes not only the owner or occupier of a factory (or head of department in government establishments) but also the managing agent or any person responsible for the supervision and control of the establishment — Designation is immaterial if the person functions as a managing agent or supervises/controls the establishment Habitual Offender/Criminal Antecedents — Consideration of Nature of Current Offence — While the criminal antecedents and alleged status of an accused as a habitual offender are extremely relevant factors that ordinarily weigh against the grant of anticipatory bail, the High Court’s discretion in granting such bail may not warrant interference Murder (Filicide) vs. Suicide — In cases based on circumstantial evidence where the question is whether the death was homicidal (filicide) or suicidal, the prosecution must establish a complete chain of circumstances that points exclusively to the guilt of the accused and is inconsistent with any hypothesis of innocence To attract S. 307 IPC, the crucial element is the intention or knowledge to cause death with which the act is done, irrespective of the nature or severity of the injury actually caused. S. 307 uses the word ‘hurt’, not ‘grievous hurt’ or ‘life-threatening hurt’ — Therefore, an accused cannot be acquitted merely because the injury inflicted was not grievous or dangerous to life, if the evidence establishes that the act was done with the requisite intention or knowledge to cause death

Arbitrator–Appointment of- -Once the arbitrator has become ineligible by operation of law, he cannot nominate another as an arbitrator. The arbitrator becomes ineligible as per prescription contained in Section 12(5) of the Act. It is inconceivable in law that person who is statutorily ineligible can nominate a person.

2017(3) Law Herald (P&H) 2284 (SC) : 2017 LawHerald.Org 1222 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dipak Misra Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice…

Confession is a substantive piece of evidence, but as a ‘Rule of Prudence’ the Court should seek other corroborative evidence to test its veracity. Kidnapping and Extortion–The act of kidnapping for extorting ransom from the victim cannot be termed as an act committed “with intent to overawe the Government as by law established–TADA not applicable. Confession–Admissibility of–The mere fact that retracted subsequently is not a valid ground to reject the confession. The crucial question is whether at the time when the accused was giving the statement he was subjected to coercion, threat or any undue influence or was offered any inducement to give any confession

  2007(5) LAW HERALD (SC) 4030 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice K. G. Balakrishnan The Hon’ble Mr. Justice G. P. Mathur Criminal Appeal No.…

Divorce—By Mutual Consent—Waiting period of six months from date of filing application is not mandatory and is directory in nature. Divorce—By Mutual Consent—Waiving off waiting period—Court before whom proceedings are pending including Family Court/District Court can exercise the discretion. Divorce–By Mutual Consent—Waiving off waiting period— The statutory period of six months specified in Section 13B(2), in addition to the statutory period of one year under Section 13B(1) of separation of parties must be already over before the first motion itself.

2017(3) Law Herald (P&H) 2273 (SC) : 2017 LawHerald.Org 1394 IN THE SUPREME COURT OF INDIA Before                    Hon’ble Mr. Justice Adarsh Kumar Goel Hon’ble Mr. Justice Uday UmeshLaiit Civil…

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