Anticipatory Bail—Question referred to larger bench whether – (i) Whether the protection granted to a person under Section 438 CrPC should be limited to a fixed period so as to enable the person to surrender before the Trial Court and seek regular bail. (ii) Whether the life of an anticipatory bail should end at the time and stage when the accused is summoned by the court.
(2018) 5 JT 137 : (2018) 2 LawHerald(SC) 596 : (2018) 7 SCALE 549 SUPREME COURT OF INDIA FULL BENCH SUSHILA AGGARWAL — Appellant Vs. STATE (NCT OF DELHI) — Respondent…
Second Appeal—Substantial question of law—Judgment cannot be based on substantial question of law which were not framed by High Court at the time of admission or during the hearing of appeal.
(2018) 5 JT 257 : (2018) 2 LawHerald(SC) 590 : (2018) 7 SCALE 331 SUPREME COURT OF INDIA DIVISION BENCH VIJAY ARJUN BHAGAT — Appellant Vs. NANA LAXMAN TAPKIRE — Respondent…
Forgery—An offence of forgery cannot lie against a person who has not created it or signed it—Making of document is different than causing it to be made. Forgery—Evidence on record clearly reveals that power of attorney was not executed by the complainant and the beneficiary was the accused—Still the accused cannot be convicted as both the accused cannot be held as maker of forged documents.
(2018) AIR(SC) 2434 : (2018) CriLR 527 : (2018) 2 LawHerald(SC) 581 : (2018) 7 SCALE 362 SUPREME COURT OF INDIA DIVISION BENCH SHEILA SEBASTIAN — Appellant Vs. R. JAWAHARAJ — Respondent…
Culpable Homicide—Acquittal—Navjot Singh Sidhu case—Accused gave a single fist blow on head of deceased in a road rage which proved fatal—Cause of death was bleeding/hemorrhage in brain—Medical evidence did not support the allegation that brain injury was due to head injury inflicted by accused—Accused acquitted u/s 304 Part I and convicted u/s 323 IPC.
(2018) AIR(SC) 2395 : (2018) 5 JT 182 : (2018) 2 LawHerald(SC) 562 : (2018) 7 SCALE 402 SUPREME COURT OF INDIA DIVISION BENCH RUPINDER SINGH SANDHU — Appellant Vs. STATE OF PUNJAB…
SARFAESI—Jurisdiction of Civil Court—Civil suit for partition of property would not be maintainable in a situation where proceedings under the SARFAESI Act had been initiated
2018(2) Law Herald (SC) 559 : 2018 LawHerald.Org 1001 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ranjan Gogoi Hon’ble Mrs. Justice R. Banumathi Civil Appeal No(s).7214-7216 of…
Arbitration Agreement—Agreement executed after commencement of 1996 Act—Reference to 1940 Act in arbitration clause would be of no consequence—Matter would still be governed under 1996 Act.
2018(2) Law Herald (SC) 550 : 2018 LawHerald.Org 1004 SUPREME COURT OF INDIA DIVISION BENCH PURUSHOTTAM S/O TULSIRAM BADWAIK — Appellant Vs. ANIL — Respondent ( Before : Arun Mishra and Uday Umesh Lalit,…
Live-in-relationship—Marriage—Husband and wife both are major thus entitled to live together even without marriage even though not of marriageable age.
(2018) AIR(SCW) 2254 : (2018) AIR(SC) 2254 : (2018) CriLR 433 : (2018) 2 KLT 783 : (2018) 2 LawHerald(SC) 545 : (2018) 2 RCR(Civil) 899 : (2018) 7 Scale…
Investigation—Inordinate delay in investigation may be taken as presumptive proof of prejudice particularly when accused is in custody so that prosecution does not become persecution.
(2018) AIR(SCW) 2269 : (2018) AIR(SC) 2269 : (2018) CriLR 437 : (2018) 2 LawHerald(SC) 542 : (2018) 7 SCALE 457 SUPREME COURT OF INDIA DIVISION BENCH DILAWAR — Appellant…
KATHUA CASE TRANSFER::: Transfer of Case—Rape—Murder—The duty of the court is to see that not only the interest of the accused as per law is protected but also the societal and collective interest is safeguarded.
(2018) 6 Scale 201: 2018(2) Law Herald (SC) 536 : 2018 LawHerald.Org 1002 SUPREME COURT OF INDIA FULL BENCH MOHD. AKHTAR — Appellant Vs. STATE OF JAMMU AND KASHMIR — Respondent…
V IMP ::: Bail—Re-arrest—Accused on bail cannot be re-arrested merely on addition of another offence in FIR.
2018(2) Law Herald (SC) 535 : 2018 LawHerald.org 959 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice S.A. Bobde Hon’ble Mr. Justice L. Nageswara Rao Petitions for Special…