Indian Penal Code, 1860, S.302 & S.34–Murder–Common Object-Mere fact that the accused persons were armed would not be sufficient to prove the common object-In the instant case, however, there is a clear finding about the common object and calculated/concerted action in furtherance of the said object- Conviction upheld.
2017(1) Law Herald (SC) 275 : 2017 LawHerald.Org 556 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Sikri The Hon’ble Mr. Justice R.K. Agrawal Criminal Appeal…
Retrial—Any omission or even the illegality in the procedure which does not affect the core of the case is not a ground for ordering a de novo trial.
2017(1) Law Herald (SC) 269 : 2017 LawHerald.Org 578 IN THE SUPREME COURT OF INDiA Before The Hon’ble Mr. Justice Dipak Misra The Hon’ble Mrs. Justice R. Banumathi Criminal Appeal…
Murder—Acquittal—Names of accused persons were revealed for first time in Court—Unsafe to convict them only on basis of statement of chance witness.
2007(5) LH (SC) 3426 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No. 752-755 of…
Rejection of Plaint— An enquiry under O.7 R. 11 CPC can be taken up at any stage.
2017(1) Law Herald (SC) 266 : 2017 LawHerald.Org 520 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Kurian Joseph The Hon’ble Mr. Justice A.M. Khanwilkar Civil Appeal…
Narcotic Drugs and Psychotropic Substances Act, 1985, S.50–Personal Search- -Contraband recovered from inside the car in which accused and co-accused were traveling and not in course of the search of their person—Therefore, S.50 had no application and hence its non-compliance is not adverse to accused
2017(1) Law Herald (SC) 262 : 2016 LawHerald.Org 2490 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dipak Misra The Hon’ble Mr. Justice Amitava Roy Criminal Appeal…
FIR—Delay in dispatch—When no questions were put to Investigating Officer in his cross-examination regarding the delay in dispatch, at the time of hearing, the accused cannot take advantage of said fact,
2017(1) Law Herald (SC) 254 : 2016 LawHerald.Org 2489 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Pinaki Chandra Ghose The Hon’ble Mr. Justice Ashok Bhushan Criminal…
Murder—Inter caste marriage—Parents of daughter, killed her husband—Death sentence converted to life sentence. Murder—Death Sentence—Balance-sheet of the aggravating and mitigating circumstances was to be prepared as a prelude to the award of the sentence.
2007(5) LH (SC) 3416 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice H.S. Bedi Criminal Appeal Nos. 1364-1366 of 2004 with…
Encroachment – Unauthorized Construction–An order made in favour of a person in violation of the prescribed procedure cannot form a legal premise for any other person to claim parity with the said illegal or irregular order.
2007(5) LH (SC) 3411 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce Arijit Pasayat The Hon’ble Mr. Jusitce D.K. Jain Civil Appeal No. 4732 of 2007…
Criminal Procedure Code, 1973 (CrPC) – Section 319 – Summoning of additional accused – Powers of Court – Nature and exercise of – Power to summon an accused is an extraordinary power conferred on the Court. It should be used very sparingly and only if compelling reasons exist for taking cognizance against other person against whom action has not been taken.
AIR 2004 SC 4298 : (2004) CriLJ 4185 : (2004) 7 JT 509 : (2004) 7 SCALE 282 : (2004) 7 SCC 792 : (2004) 3 SCR 894 Supp…
The case of the Appellants and the Writ Petitioners, in most of the cases, is based on the doctrine of promissory estoppel on the basis of a promise apparently made by the Respondents to the land owners that they would be granted dealerships in lieu of the lands offered by them for setting up of the retail outlets
(2013) 8 AD 665 : (2013) 10 JT 304 : (2013) 8 SCALE 762 : (2014) 1 SCC 201 SUPREME COURT OF INDIA MOHD. JAMAL — Appellant Vs. UNION…