First Information Report—Not a substantive piece of evidence—It cannot contradict the testimony of the eye witnesses even though it may contradict its maker.
2007(2) LAW HERALD (SC) 1561 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S. H. Kapadia The Hon’ble Mr. Justice B. Sudershan Reddy Criminal Appeal No.…
Murder—Appeal against acquittal—Evidence not properly considered by Courts below—Appeal allowed for fresh decision.
2007(2) LAW HERALD (SC) 1533 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. 875 of…
Assets Disproportionate to known sources of income—Territorial jurisdiction—Accused have several bank accounts and properties in Delhi—Court at Delhi would have the jurisdiction even though he was never posted in Delhi.
2007(2) LAW HERALD (SC) 1546 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. 635 of…
Bail—While dealing with bail application commenting on evidentiary value of evidence on record; not permissible.
2007(2) LAW HERALD (SC) 1540 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…
Detention—Exoneration in the adjudication on proceedings cannot be a ground to nullify the order of detention.
2007(2) LAW HERALD (SC) 1537 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. 533…
Preventive Dentention–The laws of preventive detention are strictly construed, and a meticulous compliance with the procedural safeguard, however, technical is mandatory.
2007(2) LAW HERALD (SC) 1533 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.…
Summoning of Accused—Before a court exercises its discretionary jurisdiction—It must arrive at the satisfaction that there exists a possibility that the accused so summoned is in all likelihood would be convicted.
2007(2) LAW HERALD (SC) 1530 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 530 of…
Agreement to Sell—During pendency of decree, properties were sold to other persons—After conveyance the question of readiness and willingness is really not relevant.
2007(2) LAW HERALD (SC) 1528 Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Civil Appeal No. 418 of 2007 With C.A. No.419…
Murder—Circumstantial Evidence— Minor contradictions will not shake the testimony.
2007(2) LAW HERALD (SC) 1526 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. 329…
Common Intention—Prosecution has to establish by evidence, whether direct or circumstantial, that there was plan or meeting of minds of all the accused persons to commit the offence.
2007(2) LAW HERALD (SC) 1523 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. 481…