Appeal against acquittal—Application for leave to appeal should not be dismissed summarily—Court to give reasons and pass speaking order.
2007(2) LAW HERALD (SC) 1169 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Special Leave Petition…
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.
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…
Evidence—Witnesses—It is quality of evidence and not quantity of evidence which is material Murder—Solitary Eye witness—Son of deceased—Evidence of witness trustworthy and corroborated—Conviction upheld.
2007(2) LAW HERALD (SC) 1132 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice P.K. Balasubramaniyan Criminal Appeal No. 914 of…
Having examined the factual scenario, it cannot be said that the ingredients of Section 306 have been established – The conviction as recorded cannot be maintained.
AIR 2008 SC 2108 : (2008) CriLJ 2569 : (2008) 6 SCALE 192 : (2008) 11 SCC 215 SUPREME COURT OF INDIA SOHAN RAJ SHARMA — Appellant Vs. STATE…
Section 439-Prosecution under MCOCA – Consideration of evidence – Permissibility – Courts need not to consider evidence meticulously to arrive at a positive finding as to commission of offence under Section 3(2) or Section 24 of MCOCA.
2007) CriLJ 782 : (2006) 13 SCALE 256 : (2007) 1 SCC 242 : (2006) 10 SCR 381 Supp SUPREME COURT OF INDIA CHENNA BOYANNA KRISHNA YADAV — Appellant…
Evidence Act, 1872 – Section 24 – Confession – Voluntariness – Determination – Voluntariness of confession can be determined as per facts and circumstances of each case – No hard and fast rule can be laid down in this respect.
AIR 2007 SC 794 : (2007) CriLJ 1157 : (2006) 13 SCALE 386 : (2006) 10 SCR 977 Supp SUPREME COURT OF INDIA FRANCIS STANLY @ STALIN — Appellant…
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.
(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…
Maharashtra Employees of Private School (Conditions of Service) Regulation Act, 1977 – Section – 9, 2(21) – Termination of the services – The Appellant filed an application challenging the termination before the Labour Court.
(2006) 9 SCC 782 SUPREME COURT OF INDIA DAGDU — Appellant Vs. PRESIDENT, ANANDRAO NAIK S.P. MANDAL AND OTHERS — Respondent ( Before : Ruma Pal, J; Dalveer Bhandari,…
There was a delay of three days in lodging the FIR and the fact that the doctor who examined the victim, in her testimony has deposed that she did not find any confirmatory evidence of rape on the victim
(2006) 9 SCC 589 SUPREME COURT OF INDIA RAJ KUMAR ALIAS RAJU YADAV ALIAS RAJ KUMAR YADAV — Appellant Vs. STATE OF BIHAR — Respondent ( Before : Tarun…
State filed an appeal for enhancement of the sentence. The accused attempted to argue before the High Court that he was entitled to be acquitted. Such argument was not permitted to be advanced
(2006) 6 SCC 429 SUPREME COURT OF INDIA ARUN BALKRISHNA NIRMAL AND OTHERS — Appellant Vs. STATE OF MAHARASHTRA — Respondent ( Before : Tarun Chatterjee, J; B.N. Srikrishna,…