Murder—Common Intention—Petitioner was carrying lathi and no injury was caused with lathi—However, he was accompanying accused who were carrying fire arms—Petitioner liable to be convicted u/s 302 r/w 34.
2017(1) Law Herald (SC) 65 : 2017 LawHerald.Org 505 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dipak Misra The Hon’ble Mr. Justice Rohinton Fali Nariman Criminal…
Evidence Act, 1872– lnterested Witness– close relative cannot be characterised as an “interested” witness-He is a “natural” witness-His evidence, however, must be scrutinised carefully
2017(1) Law Herald (SC) 56 : 2017 LawHerald.Org 503 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Sikri The Hon’ble Mr. Justice Abhay Manohar Sapre…
Secondary Evidence—Photocopy of photocopy cannot be considered as secondary evidence.
2017(1) Law Herald (SC) 52 : 2017 LawHerald.Org 510 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Madan B. Lokur The Hon’ble Mr. Justice Adarsh Kumar…
Divorce—Cruelty—Where there is no direct evidence, Courts are required to probe into the mental process and mental effect of incidents that are brought out in evidence. Divorce—Cruelty—It is a matter of inference to be drawn by taking into account the nature of the conduct and its effect on the complaining spouse.
2007(1) LAW HERALD (SC) 859 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dalveer Bhandari Civil Appeal No. 877 of…
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…