Relation witness–Relationship is not a factor to affect credibility of a witness. Culpable homicide not amounting to murder–Applicability of Section 300 Exception 4–Discussed. Culpable homicide not amounting to murder–Sudden fight– A “sudden fight” implies mutual provocation and blows on each side–The homicide committed is then clearly not traceable to unilateral provocation, nor in such cases could the whole blame be placed on one side–For if it were so, the Exception more appropriately applicable would be Exception 1.
2007(5) LAW HERALD (SC) 4073 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam Criminal Appeal No. 1533 of…
Pension–High Court dismissed the petition as respondent produced fabricated documents–Allowed another petition extending benefit of governing rules–Not justified. Writ Jurisdiction–Miscellaneous Application–Where a proceedings stands terminated by final disposal of writ petition–It is not open to the court to re-open the proceedings by means of a miscellaneous application in respect of a matter which provided a fresh cause of action.
2007(5) LAW HERALD (SC) 4066 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H. K. Sema The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No.…
Death by Negligence–Negligence and rashness to be punishable in terms of Section 304-A must be attributable to a state of mind wherein the criminality arises because of no error in judgment but of a deliberation in the mind risking the crime as well as the life of the person who may lose his life as a result of the crime. Death by Negligence–Accident on unmanned railway crossing, where appellant was driving a bus and engine of train struck and rear of bus–Several injured and two died–Section 302 IPC has no application. Death by Negligence– The provision of section is not limited to rash or negligent driving–Any rash or negligent act whereby death of any person is caused becomes punishable
2007(5) LAW HERALD (SC) 4060 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam Criminal Appeal No.…
Last seen together–The circumstance of “last seen” together may not by itself necessarily lead to the inference that it was the accused who committed the crime.
2007(5) LAW HERALD (SC) 4056 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.H. Kapadia The Hon’ble Mr. Justice B. Sudershan Reddy Criminal Appeal No. 1472…
Negotiable Instruments Act, 1881, S.138–Dishonour of Cheque—Offence allowed to be compounded but the appellant has wasted the public time in arriving at settlement so late-Appellant acquitted subject to exemplary costs of Rs One Lakh to be paid to orphanage.
2017(2) Law Herald (SC) 1631 : 2017 LawHerald.org 1212 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice J. Chelameswar Hon’ble Mr. Justice S. Abdul Nazeer Criminal Appeal No.…
Criminal Procedure Code, 1973, S.427- Concurrent running of sentences—If the offences essentially constitute a single transaction, but have been split up by the prosecution into three separate cases, the sentences imposed individually, run concurrently.
2017(2) Law Herald (SC) 1629 : 2017 LawHerald.Org 1211 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Navin Sinha Hon’ble Mr. Justice Rajan Gogoi Criminal Appeal Nos. 1102-1104…
Procuration of minor girl–Essential ingredients explained. Rape of minor–Clause ‘sixthly’ clearly stipulates that sexual intercourse with a woman with her or without her consent when she is under 16 years of age, amounts to rape.
2007(5) LAW HERALD (SC) 4053 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam Criminal Appeal No. 1463…
Bail–Anticipatory Bail–Grant of–It is granted at a stage when the investigation is incomplete and, therefore, it is not informed about the nature of evidence against the alleged offender–It is, therefore, necessary that such anticipatory bail orders should be of a limited duration only. Bail–Anticipatory Bail–Use of the expression ‘reason to believe’ shows that the applicant may be arrested must be founded on reasonable grounds–Mere “fear” is not ‘belief’. Bail–Anticipatory Bail–Grant of–Normally a direction should not issue to the effect that the applicant shall be released on bail “whenever arrested for whichever offence whatsoever”–Such ‘blanket order’ should not be passed. Bail–Anticipatory Bail–Grant of– Reference to particular portions of case diary–The papers which are to be supplied to the accused have been statutorily prescribed–The Courts should take serious note when the accused or the informant refers to the case diary to buttress a stand.
2007(5) LAW HERALD (SC) 4045 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Criminal Appeal No.…
Wakf— Notified list—If any property had been omitted to be included in the list of auqaf by inadvertence or otherwise, then it was/is for the Wakf Board to take action within a period of one year from the date of publication of the Gazette notification. Rejection of Plaint—If clever drafting of the plaint has created the illusion of a cause of action, the court will nip it in the bud at the earliest so that b of us litigation will end at the earlier stage
2017(2) Law Herald (SC) 1619 : 2017 LawHerald.Org 1043 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.K.Agrawal The Hon’ble Mohan M. Shantanagoudar Civil Appeal No. 5368…
Execution of Decree—Part Payment—If the Court does not certify the payment made by the judgment debtor then such payment shall not be recognized by any Court executing the decree for the purpose of giving adjustment to the judgment debtor against the decretal amount.
2017(2) Law Herald (SC) : 2017 LawHerald.Org 1143 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mrs. Justice R. Banumathi Civil Appeal No.8943 of…