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…
Eviction–Mere pendency of proceedings before the Court/Tribunal cannot defeat the rights of a party, which had already been determined
2010(1) LAW HERALD (SC) 57 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice B.S. Chauhan Civil Appeal No. 1664 of…
Election Petition–An election petition must clearly and unambiguously set out all the material facts which the appellant is to rely upon during the trial, and it must reveal a clear and complete picture of the circumstances and should disclose a definite cause of action. Electoral Roll–Once an electoral roll is published, it becomes the final electoral roll of the constituency.
2010(1) LAW HERALD (SC) 42 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice D.K. Jain The Hon’ble Mr. Justice H.L. Dattu Civil Appeal No. 4201 of 2008…
Criminal Procedure Code, 1973, S 482–Prevention of Cruelty to Animals Act, 1960 , S. 11(1)(d)–Bombay Animal Preservation Act, 1954, S. 5, 6 and 8–Cruelty to Animals-Quashing Of FIR–Illegal and unauthorized transportation and slaughtering of animals–High Court arrived at a pre-mature conclusion that no offences under Section 279 IPC and under Sections 5, 6 and 8 of the Bombay Animal Preservation Act, 1954 were made out against the accused and quashed the criminal proceedings–Such a relief to the accused, who had not approached the High Court for quashing the FIR, could not have been granted in a petition filed by the owners of goats and sheep seeking custody of the live stock notwithstanding wide amplitude of power available under Article 226 of the Constitution–Order of HC , set aside.              Â
2010(1) LAW HERALD (SC) 33 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Harjit Singh Bedi The Hon’ble Mr. Justice J.M. Panchal Criminal Appeal No. 2020 of…
Custody of Minor–Minor born in England to Indian parents–Mother brought minor to India–Courts of England has jurisdiction to decide question of custody and not Indain court
2010(1) LAW HERALD (SC) 26 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Cyriac Joseph Criminal Appeal No. 2357 of 2009…
Unprotected worker–Definition of–Every worker, who is doing manual work and is engaged or to be engaged in any scheduled employment, would be covered by that definition and would become an unprotected worker–Merely because some workmen are manual workers and not casual workers, that by itself, would not make any difference.
2010(1) LAW HERALD (SC) 1 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice V.S.Sirpurkar Civil Appeal No. 8452 of 2009 [Arising…
Attempt to Murder—Improvement in Statement—In FIR complainant stated, shot was fired by unknown person but before court he stated that he recognised appellant as person who fired shot as he was known to him earlier—Appellant acquitted.
2018(3) Law Herald (SC) 2590 : 2018 LawHerald.Org 1601 IN THE SUPREME COURT OF INDIA Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Before Hon’ble Mr. Justice Ranjan Gogoi Hon’ble Mr. Justice Navin Sinha Criminal Appeal No.…
Food Safety and Standards Act, 2006, S.30–Prohibition on sale of Tobacco–FIR for transportation and sale of Gutka/Pan Masala-Two questions were framed by High Court for consideration- Whether the Food Safety Officers can lodge complaints for offences punishable under the IPC? Whether the acts complained amounted to any offence punishable under the provisions of the IPC? Since all the submissions were not raised before High Court—Matter remanded back with liberty to parties to raise detailed submissions-Directions issued that no coercive action should be taken by police during pendency of matter before High Court—Indian Penal Code, 1860, S.272 & S.328.
2018(3) Law Herald (SC) 2587 : 2018 LawHerald.Org 1600 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice S.A. Bobde Hon’ble Mr. Justice L. Nageswara Rao Criminal Appeal No.…