Murder—Sudden fit of anger—The case comes under Section 304 part two and not under Section 302 IPC.
2007(2) LAW HERALD (SC) 1187 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. 402…
Confession–Confession of Co-accused is not an evidence—But if there is other evidence on which conviction can be based, then they can be referred to as lending assurance to the verdict.
2007(2) LAW HERALD (SC) 1180 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. 372…
Award—Setting aside of—Publication of award after two years of declaration—Subsequent corrigendum to said declaration has to be excluded for computation of two years.
2007(2) LAW HERALD (SC) 1179 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. 1321 of…
Award—When the Arbitrator had taken a plausible view on interpretation of contract, it is not open to the court to set aside the award on the ground that the Arbitrator had misconducted himself in the proceedings.
2007(2) LAW HERALD (SC) 1171 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. A.R. Lakshmanan The Hon’ble Mr. Justice Tarun Chatterjee Civil Appeal No. 1280…
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…