Murder–Undue advantage–For the application of Section 300 Exception 4, it is not sufficient to show that there was a sudden quarrel and there was no premeditation. It must further be shown that the offender has not taken undue advantage or acted in cruel or unusual manner. Murder–Sudden fight–To bring a case within Exception 4 all the ingredients mentioned in it must be found.
2007(1) LAW HERALD (SC) 325 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. 21 of…
Accident–Compensation–While parents are the claimants, the age of the claimants would determine the multiplier to be adopted–Age of deceased is not relevant.
2007(1) LAW HERALD (SC) 322 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 5823 of…
Dishonour of Cheque–Decline of prayer to ascertain genuineness of signature by hand writing expert; amounts to deprivation of an opportunity to rebut presumption. Criminal Trial–Fair Trial includes fair and proper opportunity to prove innocence.
2007(1) LAW HERALD (SC) 318 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice Lokeshwar Singh Panta Criminal Appeal No. 1293 of…
Admission–Facts admitted need not be proved–Admission is the best proof of a claim.
2007(1) LAW HERALD (SC) 307 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Appeal (civil) 5720 of 2006 [Arising…
Remand of case–Reframing of issue–Additional evidence was required to be adduced upon reframing the issue and having regard to the fact that onus of proof was wrongly placed. Will–Question of validity–Could not be ground for remitting the entire suit to Trial Judge upon setting aside the decree of trial Court.
2007(1) LAW HERALD (SC) 303 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. 5813 of 2006…
Will–Proof of–Suspicious circumstances–Son sought grant of probate on context that father executed Will in his favour in hospital–Son totally ignorant of ailments of his father–Probate not granted.
2007(1) LAW HERALD (SC) 291 IN THE SUPREME COURT OF INDIA Before The The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Appeal (civil) 5060 of 2005…
Sanction for prosecution–Previous sanction under Prevention of Corruption Act is not necessary, if the public servant does not hold the same office which he allegedly abused on the date when the cognizance was taken by the Court.
2007(1) LAW HERALD (SC) 282 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Criminal Appeal No. 1276 of 2006…
Test Identification Parade–Prosecutrix identified him before lodging the FIR–To hold a test identification parade would be futile. Juvenile Justice–The 2000 Act would be applicable to the person who had not completed 18 years of as an 01.04.2001.
2007(1) LAW HERALD (SC) 278 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. 173 of 2006…
Dishonor of Cheque–Offence by company–To make a Director of Company vicariously liable for the acts of company it was obligatory on the part of the complainant to make specific allegation as are required in law.
2007(1) LAW HERALD (SC) 273 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. 70 of 2007…
Relation witnesses—Relationship would not result in the mechanical rejection of the testimony of the witnesses. Test Identification Parade—Failure to hold a test identification parade would not make inadmissible the evidence of identification in court.
2007(1) LAW HERALD (SC) 262 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. 13 of…