Murder—Essential ingredients to bring a case under Section 300″thirdly” IPC; enumerated.Even if the intention of accused was limited to the infliction of a bodily injury sufficient to cause death in the ordinary course of nature, and did not extend to the intention of causing death, the offence would be murder.
2007(1) LAW HERALD (SC) 853 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Criminal Appeal No. 214…
Murder—Bodily Injury—Even if the intention of the accused was limited to the infliction of a bodily injury sufficient to cause death in the ordinary course of nature, and did not extend to the intention of causing death, the offence would be murder.
2007(1) LAW HERALD (SC) 844 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Criminal Appeal No.222 of…
Circumstantial Evidence—Where a case rests squarely on circumstantial evidence—The inference of guilt can be justified only when all the incriminating facts and circumstances are found to be incompatible with the innocence of the accused or the guilt of any other person. Cruelty to wife–Mere fact that the deceased had died an unnatural death cannot be itself be a circumstance against the accused particularly when Section 498-A has been held to be inapplicable
2007(1) LAW HERALD (SC) 839 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Criminal Appeal No.223 of…
Appeal against acquittal—Two views possible—Where a possible view on the evidence of prosecution in favour of accused had been taken by the trial Court, it ought not to be disturbed by the appellate Court.
2007(1) LAW HERALD (SC) 823 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Lokeshwar Singh Panta Criminal Appeal No. 853…
Burden of Proof—Money transaction—In the absence of any explanation an adverse inference is attracted.
2007(1) LAW HERALD (SC) 818 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Criminal Appeal No. 212 of…
Labour Law—Contractual appointment for meter reading—Merely because the meter reading work has not decreased, that cannot be a basis to hold that there was a camouflage adopted, with a view to avoid provisions of the Act.
2007(1) LAW HERALD (SC) 816 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arjit Pasayat The Hon’ble Mr. Justice Tarun Chatterjee Civil Appeal No. 648…
Bail—No allegation of Organised Crime— Maximum punishment for alleged offence is three years—Accused in judicial custody for over two years—Bail granted.
2007(1) LAW HERALD (SC) 812 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice K.G. Balakrishnan The Hon’ble Mr. Justice D.K. Jain Criminal Appeal No. 183 of…
Bail—Serious offence—Factors to be considered; enumerated. Bail—Non examination of key witness depiste various adjournments—Bail granted by High Court on that ground–Bail rejected as number of adjournments has no relevance.
2007(1) LAW HERALD (SC) 808 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arjit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Criminal Appeal No. 204…
Personal presence in Civil Suit—Civil Court has power to direct a party to the suit to appear in person.
2007(1) LAW HERALD (SC) 801 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 711of…
Decree—Execution of—Executing Court in exercise of its revisional jurisdiction cannot vary the terms of the decree in execution.
2007(1) LAW HERALD (SC) 795 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. AR. Lakshmanan The Hon’ble Mr. Justice Altamas Kabir Criminal Appeal No. 745 of…