Expert Evidence–Ballistic Expert’s opinion that bullet which caused the injury to deceased was not fired gun used by accused, accused entitled to benefit of doubt.
2008(1) LAW HERALD (SC) 487 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice D.K. Jain Criminal Appeal No. 437 of 2006…
Precedent–It is not everything said by a judge while giving a judgment constitutes a precedent. Precedent–Judges interpret statues, they do not interpret judgment.
2008(1) LAW HERALD (SC) 483 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam Civil Appeal No. 2874 of…
Pay Scale–When a concession was extended as distinct from implementing a specific recommendation of the Pay Commission with reference to a particular period of time, it is open to the Govt. to provide that the benefit it proposes to give, would be available only from a notified date. Cadre–Merger of Cadre–Court cannot issue direction for merger of cadre.
2008(1) LAW HERALD (SC) 477 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice P.K. Balasubramanyan Civil Appeal No. 2468-2469 of 2005…
Doctrine of relation back–As and when application is accepted and order is passed, it must relate back to date when application was filed.
2008(1) LAW HERALD (SC) 474 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam Civil Appeal No. 1579 of 2001…
Last seen together–Judgment of convictions cannot be founded on the sole circumstances of deceased’s having been last seen with accused.
2008(1) LAW HERALD (SC) 468 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Dalveer Bhandari Criminal Appeal No. 1107 of 2005…
Acid Attack–Reduction in Sentence—Crime of this nature does not deserve any kind of clemency—It is collectively intolerable.
(2017) 99 ACrC 947 : (2017) 174 AIC 250 : (2017) 2 AICLR 622 : (2017) AIR(SCW) 1166 : (2017) AIR(SC) 1166 : (2017) 1 AllCrlRulings 1029 : (2017)…
Civil Procedure Code, 1908 S.151–Recalling of Order-Matrimonial dispute and litigation pending between the parties-High Court while passing orders regarding arrears and future maintenance also directed parties would withdraw all pending cases-Respondent objected
(2017) 173 AIC 161 : (2017) AIR(SCW) 1751 : (2017) AIR(SC) 1751 : (2017) AllSCR(Crl) 366 : (2017) 123 ALR 241 : (2017) CriLR 196 : (2017) 2 JCR 63…
Culpable Homicide—Sudden Fight— When and if there is intent and knowledge, then the same would be a case of Section 304 Part I IPC and if it is only a case of knowledge and not the intention to cause murder and bodily injury, then the same would be a case of Section 304 Part II IPC
(2017) 99 ACrC 303 : (2017) 172 AIC 195 : (2017) 2 AICLR 541 : (2017) AIR(SCW) 1150 : (2017) AIR(SC) 1150 : (2017) AllSCR(Crl) 321 : (2017) 1 AndhLD(Criminal)…
Murder–Appeal against Acquittal-Double Murder–Sickle was used and recovered-Fact that there were 14 wounds would not at all lead to the conclusion that they were caused with two distinct weapons-It is a complete surmise on the part of the High Court-Order of Acquittal by High Court set aside.
(2017) 99 ACrC 352 : (2017) 172 AIC 60 : (2017) 3 AICLR 644 : (2017) AIR(SCW) 1160 : (2017) AIR(SC) 1160 : (2017) AllSCR(Crl) 328 : (2017) 1 ALT(Crl)…
Abetment to Suicide—Acquittal—If appellants have been acquitted for the crime under Section 498-AIPC, then offence of abetment of suicide under Section 306 is not made out. Abetment to Suicide—Acquittal—Mere fact that there is a finding of harassment would not lead to the conclusion that there is abetment of suicide.
(2017) 3 AICLR 628 : (2017) AIR(SCW) 2425 : (2017) AIR(SC) 2425 : (2017) AllSCR(Crl) 1151 : (2017) 2 AndhLD(Criminal) 259 : (2017) 2 ApexCourtJudgments(SC) 513 : (2017) 3…