Dacoity–Acquittal–FIR was lodged long after the incident and in fact law was already set on motion after the telephonic message had been received.
2007(5) LAW HERALD (SC) 3841 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Criminal Appeal No. 1675 of…
Appeal against acquittal–Interference with a judgment of acquittal may not be made when two views are possible to be taken, but when on appraisal thereof, only one view is possible, the appellate court would not hesitate to inerfere with the judgment of acquittal. Nobody shall be compelled to be a witness against himself –To be a witness” may be equivalent to “furnishing evidence” in the sense of making oral or written statements, but not in the larger sense of the expression so as to include giving of thumb impression or impression of palm or foot or fingers or specimen writing or exposing a part of the body by an accused person for purpose of identification.
2007(5) LAW HERALD (SC) 3830 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice H.S. Bedi Criminal Appeal Nos. 1394-1395 of…
Cognizance–Taking of–Power of Magistrate–Explained. Final Report–Protest Petition–Notice to informant–Magistrate has to give notice to the informant and provide an opportunity to be heard at time of consideration of report. Final Report–Notice to informant–The informant is entitled to a notice and an opportunity to be heard at the time of consideration of the report– Position is different so far as an injured person or a relative of the deceased, who is not an informant, is concerned. They are not entitled to any notice.
2007(5) LAW HERALD (SC) 3824 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.…
Maintenance–Claim by illegitimate minor–In the case of a claim based on illegitimacy, the statement of the mother was to be treated with some suspicion and could only be accepted with other corroborative evidence.
2007(5) LAW HERALD (SC) 3821 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice H.S. Bedi Criminal Appeal No. 1139 of…
Specific performance–Khasra No. which was later on added and, therefore, the question of the plaintiffs being ready and willing to perform the contract as originally stood, does not really arise. Specific performance–Readiness and willingness to perform–An averment of readiness and willingness in the plaint is not a mathematical formula which should only be in specific words.
2007(5) LAW HERALD (SC) 3816 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce Arijit Pasayat The Hon’ble Mr. Jusitce Lokeshwar Singh Panta Civil Appeal No. 4656…
Jurisdiction of Arbitral Tribunal–Though performance of–Contract had not come to an end by efflux of time and it got extended by conduct of the parties–Arbitration agreement exist and tribunal has jurisdiction to entertain the claim.
2007(5) LAW HERALD (SC) 3808 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce Tarun Chatterjee The Hon’ble Mr. Jusitce D.K. Jain Civil Appeal No. 4829 of…
Rape with consent–The fact that the hymen was freshly ruptured and the vagina could take only one finger with difficulty shows that prosecutrix was not habituated to sexual intercourse and had been subjected to intercourse against her will.
2007(5) LAW HERALD (SC) 3806 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No. 928…
Territorial Jurisdiction–Change of residence subsequent to decision of the Court would not confer territorial jurisdiction in the Court which it did not have.
2007(5) LAW HERALD (SC) 3802 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 4811 of…
Electricity–Grant of licence–Competency to supply electricity to any person without using the transmission lines of Electricity Board being a generating company–Tribunal to examine the entire grounds of appeal.
2007(5) LAW HERALD (SC) 3799 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. 3996…
Bribe–Acquittal–Accused had no knowledge regarding the money being bribe.
2007(5) LAW HERALD (SC) 3796 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Criminal Appeal No. 1309 of…