Supreme Court of India Judgements

Summoning of additional accused—Merely on verbal accusation of complainant appellant not to be summoned under section 319 especially when no stronger evidence has come on record.

Jan 17, 2018 sclaw

(2017) 100 ACrC 601 : (2017) 176 AIC 137 : (2017) 2 AICLR 865 : (2017) AIR(SCW) 2839 : (2017) AIR(SC) 2839 : (2017) AllSCR(Crl) 974 : (2017) 3 ALT(Crl)…

Cheque Dishonour

Dishonour of Cheque—Second notice is of no relevance and could be construed as reminder notice only. Dishonour of Cheque—Deemed Service—Once notice is sent by registered post by correctly addressing to the drawer of the cheque, the service of notice is deemed to have been effected.

Jan 16, 2018 sclaw

(2017) 99 ACrC 941 : (2017) 174 AIC 141 : (2017) 2 AICLR 686 : (2017) AIR(SCW) 1681 : (2017) AIR(SC) 1681 : (2017) AllSCR(Crl) 1132 : (2017) 2 ALT(Crl)…

Acquittal

Appeal against acquittal—In a case where the prosecution is coming up against the acquittal of the accused and is praying for conviction on a graver charge, the accused is entitled to plea for acquittal.

Jan 15, 2018 sclaw

(2017) 100 ACrC 324 : (2017) 175 AIC 223 : (2017) 3 AICLR 73 : (2017) AIR(SCW) 2100 : (2017) AIR(SC) 2100 : (2017) 2 AllCrlRulings 1437 : (2017) AllSCR(Crl)…

Cr P C

Remand of Case—Merely by observing that since the view taken by the Sessions Court is a plausible view and the same does not call for any interference is not the proper exercise of appellate power by High Court-Case remanded for fresh disposal.

Jan 15, 2018 sclaw

(2017) 99 ACrC 907 : (2017) 174 AIC 73 : (2017) 2 AICLR 839 : (2017) AIR(SCW) 2389 : (2017) AIR(SC) 2389 : (2017) 2 AllCrlRulings 1570 : (2017) AllSCR(Crl)…

Constitution

Witness against himself—Compelling an accused to provide his fingerprints or foot prints cannot be considered as violation of the protection guaranteed under Article 20 (3) of the Constitution.

Jan 15, 2018 sclaw

(2017) 99 ACrC 910 : (2017) 174 AIC 83 : (2017) 3 AICLR 4 : (2017) AIR(SCW) 2150 : (2017) AIR(SC) 2150 : (2017) 2 AllCrlRulings 1545 : (2017) 4…

Arbitration

Arbitration—Objections— No appeal is provided against an order condoning the delay in filing the petition u/s 34 of the Act as such—Hence, the remedy of Letters Patent Appeal against that decision is not available.

Jan 14, 2018 sclaw

(2017) 175 AIC 73 : (2017) AIR(SCW) 2119 : (2017) AIR(SC) 2119 : (2017) 3 ALLMR 919 : (2017) 4 ALT 75 : (2017) 4 AndhLD 100 : (2017) 3…

C P C

Resjudicata—Once identity of the property and the title there of is finally adjudicated in a previous suit, holding that land is situated in a particular survey number, it operates as resjudicata.

Jan 14, 2018 sclaw

(2017) AIR(SCW) 1962 : (2017) AIR(SC) 1962 : (2017) 4 AndhLD 49 : (2017) 2 ApexCourtJudgments(SC) 507 : (2017) 3 BLJud 118 : (2017) 4 HimLR 2195 : (2017) 3…

Narcotics

Narcotic—Rate of Purity—Whether the actual content by weight of the narcotic drug, is relevant for the purpose of determining the quantity with reference to the quantum of punishment—Matter referred to larger bench.

Jan 14, 2018 sclaw

(2017) 176 AIC 64 : (2017) 3 Crimes 66 : (2017) 2 LawHerald(SC) 1425 : (2017) 3 RCR(Criminal) 633 : (2017) 4 RecentApexJudgments(RAJ) 538 : (2017) 7 SCALE 156 : (2017) 8 SCC…

Bail Declined

Indian Penal Code, 1860, S.498-A & S.494–Cruelty to Wife–Bigamy–Anticipatory Bail-

Jan 13, 2018 sclaw

(2017) 100 ACrC 647 : (2017) 176 AIC 186 : (2017) 3 AICLR 568 : (2017) AIR(SCW) 2137 : (2017) AIR(SC) 2137 : (2017) ALLMR(Cri) 2219 : (2017) 2 AndhLD(Criminal)…

I P C

Murder —Common object to commit a murder cannot be inferred only on the basis that the weapons carried by the accused were dangerous.

Jan 13, 2018 sclaw

(2017) 98 ACrC 975 : (2017) 171 AIC 49 : (2017) 2 AICLR 480 : (2017) AIR(SCW) 2827 : (2017) AIR(SC) 2827 : (2017) 1 AllCrlRulings 670 : (2017) ALLMR(Cri)…

Supreme Court of India Judgements

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Penal Code, 1860 (IPC) – Section 324 – Voluntary causing hurt – Involvement of accused – Injury specifically attributed to accused – Not supported by medical evidence – Accused acquitted.

Illegal Gratification–In the absence of proof of demand, the question raising the presumption would not arose. Sanction–Sanctioning authority did not apply their mind to entire material on record–Sanction is vitiated in law.

Second appeal–Jurisdiction of High Court is confined to appeals involving substantial question of law.

Supreme Court Quashes Blacklisting Of Drug Supplier Over Quality Failure As Retesting Opportunity Denied

Motor Accident Claims | Victim Requiring Lifelong Attendant Can Be Considered 100% Functionally Disabled

Precedents Barring Recovery Of Excess Payments Have Not Considered Section 72 Contract Act

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Summoning of additional accused—Merely on verbal accusation of complainant appellant not to be summoned under section 319 especially when no stronger evidence has come on record.

Dishonour of Cheque—Second notice is of no relevance and could be construed as reminder notice only. Dishonour of Cheque—Deemed Service—Once notice is sent by registered post by correctly addressing to the drawer of the cheque, the service of notice is deemed to have been effected.

Appeal against acquittal—In a case where the prosecution is coming up against the acquittal of the accused and is praying for conviction on a graver charge, the accused is entitled to plea for acquittal.

Remand of Case—Merely by observing that since the view taken by the Sessions Court is a plausible view and the same does not call for any interference is not the proper exercise of appellate power by High Court-Case remanded for fresh disposal.

Witness against himself—Compelling an accused to provide his fingerprints or foot prints cannot be considered as violation of the protection guaranteed under Article 20 (3) of the Constitution.

Arbitration—Objections— No appeal is provided against an order condoning the delay in filing the petition u/s 34 of the Act as such—Hence, the remedy of Letters Patent Appeal against that decision is not available.

Resjudicata—Once identity of the property and the title there of is finally adjudicated in a previous suit, holding that land is situated in a particular survey number, it operates as resjudicata.

Narcotic—Rate of Purity—Whether the actual content by weight of the narcotic drug, is relevant for the purpose of determining the quantity with reference to the quantum of punishment—Matter referred to larger bench.

Indian Penal Code, 1860, S.498-A & S.494–Cruelty to Wife–Bigamy–Anticipatory Bail-

Murder —Common object to commit a murder cannot be inferred only on the basis that the weapons carried by the accused were dangerous.

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Supreme Court of India Judgements