Supreme Court of India Judgements

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Penal Code, 1860 (IPC) — Section 304A — Rash and Negligent Driving — The court found that the accused was driving his vehicle in a rash and negligent manner, which caused the death of one person and injuries to another — The prosecution presented evidence demonstrating that the accused’s vehicle hit the motorcycle from behind — This is corroborated by witness testimony and the fact that the motorcycle was dragged a considerable distance — The court dismissed the defence’s argument that the incident was due to contributory negligence, pointing out that the road was wide enough for the accused to avoid the collision and that there was no evidence of a sudden turn by the victim — The courts also noted the accused’s failure to provide a reasonable explanation when questioned about the incriminating evidence — The fact that the victim suffered 19 wounds also supports the court’s conclusion that the accused’s driving was rash and negligent —The court rejected the petitioner’s plea for leniency due to his family circumstances, emphasizing that the accused’s actions caused a death — Based on the above points, the court upheld the conviction and sentence passed by the trial court and confirmed by the High Court. Classification of Military casualties and the eligibility for Liberalised Family Pension — Battle Casualty —Illness Caused by Extreme Climatic Conditions as Battle Casualty — The Court establishes that a soldier’s death due to illness resulting from extreme climatic conditions while on duty near a sensitive border area (such as the Line of Control) can be categorized as a ‘Battle Casualty’ — This expands the interpretation of what constitutes a battle casualty under military regulations. – Liberalised Family Pension (LFP) — Application of Category E (f) — The judgment clarifies that deaths occurring in war-like situations, including those near international borders or lines of control due to environmental stresses, fall under clause (f) of category E of the relevant military order — This broadens the scope of eligibility for LFP under such circumstances. Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws. Evidence Act, 1872 — Section 27 — Penal Code, 1860 (IPC) — Sections 384, 364, 302 and 201 — Murder — Circumstantial Evidence — The Supreme Court acquitted the appellant of murder charges as the prosecution failed to prove the crucial link of the accused’s disclosure leading to the discovery of skeletal remains under Section 27 and the DNA evidence was also found to be inconclusive due to lack of proper collection of samples. – Proof of Disclosure Statements under Section 27 — Voluntariness and Uninfluenced Nature — The Court reiterates that the information provided by an accused under Section 27 must be voluntary and uninfluenced by threat, duress, or coercion. Arms Act, 1959 — Sections 25, 54 and 59 — Buttondar knife — Specific Intent Required — The court clarifies that mere possession of a knife covered by a notification like the DAD Notification is not sufficient to constitute an offense under the Arms Act — There must be specific intent to use it for the prohibited purposes such as “manufacture, sale, or possession for sale or test.” – The prosecution must clearly allege and prove the intent of the accused to use the weapon for the specified prohibited purposes — Absence of such allegation in the charge-sheet renders the proceedings defective.
Accident I P C

Penal Code, 1860 (IPC) — Section 304A — Rash and Negligent Driving — The court found that the accused was driving his vehicle in a rash and negligent manner, which caused the death of one person and injuries to another — The prosecution presented evidence demonstrating that the accused’s vehicle hit the motorcycle from behind — This is corroborated by witness testimony and the fact that the motorcycle was dragged a considerable distance — The court dismissed the defence’s argument that the incident was due to contributory negligence, pointing out that the road was wide enough for the accused to avoid the collision and that there was no evidence of a sudden turn by the victim — The courts also noted the accused’s failure to provide a reasonable explanation when questioned about the incriminating evidence — The fact that the victim suffered 19 wounds also supports the court’s conclusion that the accused’s driving was rash and negligent —The court rejected the petitioner’s plea for leniency due to his family circumstances, emphasizing that the accused’s actions caused a death — Based on the above points, the court upheld the conviction and sentence passed by the trial court and confirmed by the High Court.

Dec 27, 2024 sclaw
Constitution Service

Classification of Military casualties and the eligibility for Liberalised Family Pension — Battle Casualty —Illness Caused by Extreme Climatic Conditions as Battle Casualty — The Court establishes that a soldier’s death due to illness resulting from extreme climatic conditions while on duty near a sensitive border area (such as the Line of Control) can be categorized as a ‘Battle Casualty’ — This expands the interpretation of what constitutes a battle casualty under military regulations. – Liberalised Family Pension (LFP) — Application of Category E (f) — The judgment clarifies that deaths occurring in war-like situations, including those near international borders or lines of control due to environmental stresses, fall under clause (f) of category E of the relevant military order — This broadens the scope of eligibility for LFP under such circumstances.

Dec 8, 2024 sclaw
Penal Code, 1860 (IPC) — Section 304A — Rash and Negligent Driving — The court found that the accused was driving his vehicle in a rash and negligent manner, which caused the death of one person and injuries to another — The prosecution presented evidence demonstrating that the accused’s vehicle hit the motorcycle from behind — This is corroborated by witness testimony and the fact that the motorcycle was dragged a considerable distance — The court dismissed the defence’s argument that the incident was due to contributory negligence, pointing out that the road was wide enough for the accused to avoid the collision and that there was no evidence of a sudden turn by the victim — The courts also noted the accused’s failure to provide a reasonable explanation when questioned about the incriminating evidence — The fact that the victim suffered 19 wounds also supports the court’s conclusion that the accused’s driving was rash and negligent —The court rejected the petitioner’s plea for leniency due to his family circumstances, emphasizing that the accused’s actions caused a death — Based on the above points, the court upheld the conviction and sentence passed by the trial court and confirmed by the High Court.
Accident I P C
Penal Code, 1860 (IPC) — Section 304A — Rash and Negligent Driving — The court found that the accused was driving his vehicle in a rash and negligent manner, which caused the death of one person and injuries to another — The prosecution presented evidence demonstrating that the accused’s vehicle hit the motorcycle from behind — This is corroborated by witness testimony and the fact that the motorcycle was dragged a considerable distance — The court dismissed the defence’s argument that the incident was due to contributory negligence, pointing out that the road was wide enough for the accused to avoid the collision and that there was no evidence of a sudden turn by the victim — The courts also noted the accused’s failure to provide a reasonable explanation when questioned about the incriminating evidence — The fact that the victim suffered 19 wounds also supports the court’s conclusion that the accused’s driving was rash and negligent —The court rejected the petitioner’s plea for leniency due to his family circumstances, emphasizing that the accused’s actions caused a death — Based on the above points, the court upheld the conviction and sentence passed by the trial court and confirmed by the High Court.
Classification of Military casualties and the eligibility for Liberalised Family Pension — Battle Casualty —Illness Caused by Extreme Climatic Conditions as Battle Casualty — The Court establishes that a soldier’s death due to illness resulting from extreme climatic conditions while on duty near a sensitive border area (such as the Line of Control) can be categorized as a ‘Battle Casualty’ — This expands the interpretation of what constitutes a battle casualty under military regulations. – Liberalised Family Pension (LFP) — Application of Category E (f) — The judgment clarifies that deaths occurring in war-like situations, including those near international borders or lines of control due to environmental stresses, fall under clause (f) of category E of the relevant military order — This broadens the scope of eligibility for LFP under such circumstances.
Constitution Service
Classification of Military casualties and the eligibility for Liberalised Family Pension — Battle Casualty —Illness Caused by Extreme Climatic Conditions as Battle Casualty — The Court establishes that a soldier’s death due to illness resulting from extreme climatic conditions while on duty near a sensitive border area (such as the Line of Control) can be categorized as a ‘Battle Casualty’ — This expands the interpretation of what constitutes a battle casualty under military regulations. – Liberalised Family Pension (LFP) — Application of Category E (f) — The judgment clarifies that deaths occurring in war-like situations, including those near international borders or lines of control due to environmental stresses, fall under clause (f) of category E of the relevant military order — This broadens the scope of eligibility for LFP under such circumstances.
Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.
Constitution
Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.
Evidence Act, 1872 — Section 27 — Penal Code, 1860 (IPC) — Sections 384, 364, 302 and 201 — Murder — Circumstantial Evidence — The Supreme Court acquitted the appellant of murder charges as the prosecution failed to prove the crucial link of the accused’s disclosure leading to the discovery of skeletal remains under Section 27 and the DNA evidence was also found to be inconclusive due to lack of proper collection of samples. – Proof of Disclosure Statements under Section 27 — Voluntariness and Uninfluenced Nature — The Court reiterates that the information provided by an accused under Section 27 must be voluntary and uninfluenced by threat, duress, or coercion.
Acquittal
Evidence Act, 1872 — Section 27 — Penal Code, 1860 (IPC) — Sections 384, 364, 302 and 201 — Murder — Circumstantial Evidence — The Supreme Court acquitted the appellant of murder charges as the prosecution failed to prove the crucial link of the accused’s disclosure leading to the discovery of skeletal remains under Section 27 and the DNA evidence was also found to be inconclusive due to lack of proper collection of samples. – Proof of Disclosure Statements under Section 27 — Voluntariness and Uninfluenced Nature — The Court reiterates that the information provided by an accused under Section 27 must be voluntary and uninfluenced by threat, duress, or coercion.
Matrimonial

Mental Cruelty— If a husband submits himself for an operation of sterilization without medical reasons and without the consent or knowledge of his wife and similarly if the wife undergoes vasectomy or abortion without medical reason or without the consent or knowledge of her husband, such an act of the spouse may lead to mental cruelty.

Apr 9, 2017 sclaw

  2007(2) LAW HERALD (SC) 1143 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice B.N. Agrawal The Hon’ble Mr. Justice P.P. Naolekar The Hon’ble Mr. Justice Dalveer…

Acquittal

Having regard to the peculiar facts and circumstances of the case, we are of the view that the sentence imposed by the Sessions Court and as affirmed by the High Court under Sections 366 and 376 of the Penal Code is on the high side. In our opinion, ends of justice would be amply met if we reduce the sentence to three years. We do so accordingly.

Apr 9, 2017 sclaw

  (2006) 4 SCC 347 SUPREME COURT OF INDIA RAM KUMAR — Appellant Vs. STATE OF HARYANA — Respondent ( Before : D. K. Jain, J; C. A. Vaidyialingam, J…

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Accident I P C

Penal Code, 1860 (IPC) — Section 304A — Rash and Negligent Driving — The court found that the accused was driving his vehicle in a rash and negligent manner, which caused the death of one person and injuries to another — The prosecution presented evidence demonstrating that the accused’s vehicle hit the motorcycle from behind — This is corroborated by witness testimony and the fact that the motorcycle was dragged a considerable distance — The court dismissed the defence’s argument that the incident was due to contributory negligence, pointing out that the road was wide enough for the accused to avoid the collision and that there was no evidence of a sudden turn by the victim — The courts also noted the accused’s failure to provide a reasonable explanation when questioned about the incriminating evidence — The fact that the victim suffered 19 wounds also supports the court’s conclusion that the accused’s driving was rash and negligent —The court rejected the petitioner’s plea for leniency due to his family circumstances, emphasizing that the accused’s actions caused a death — Based on the above points, the court upheld the conviction and sentence passed by the trial court and confirmed by the High Court.

Dec 27, 2024 sclaw
Constitution Service

Classification of Military casualties and the eligibility for Liberalised Family Pension — Battle Casualty —Illness Caused by Extreme Climatic Conditions as Battle Casualty — The Court establishes that a soldier’s death due to illness resulting from extreme climatic conditions while on duty near a sensitive border area (such as the Line of Control) can be categorized as a ‘Battle Casualty’ — This expands the interpretation of what constitutes a battle casualty under military regulations. – Liberalised Family Pension (LFP) — Application of Category E (f) — The judgment clarifies that deaths occurring in war-like situations, including those near international borders or lines of control due to environmental stresses, fall under clause (f) of category E of the relevant military order — This broadens the scope of eligibility for LFP under such circumstances.

Dec 8, 2024 sclaw
Constitution

Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.

Dec 8, 2024 sclaw
Acquittal

Evidence Act, 1872 — Section 27 — Penal Code, 1860 (IPC) — Sections 384, 364, 302 and 201 — Murder — Circumstantial Evidence — The Supreme Court acquitted the appellant of murder charges as the prosecution failed to prove the crucial link of the accused’s disclosure leading to the discovery of skeletal remains under Section 27 and the DNA evidence was also found to be inconclusive due to lack of proper collection of samples. – Proof of Disclosure Statements under Section 27 — Voluntariness and Uninfluenced Nature — The Court reiterates that the information provided by an accused under Section 27 must be voluntary and uninfluenced by threat, duress, or coercion.

Dec 8, 2024 sclaw