Cognizance cannot be taken merely on the basis of suspicion. Quashment–Cognizance cannot be taken unless there is atleast some material indicating the guilt of the accused.
2007(1) LAW HERALD (SC) 565 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. 124 of…
Death caused by bodily injury–The person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment death might have been prevented.
2007(1) LAW HERALD (SC) 557 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. 123 of…
Murder– 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) 551 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. 107 of…
Service Law–Regularisation of service can be done only in accordance with the condition of the policy.
2007(1) LAW HERALD (SC) 549 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice A.K. Mathur Civil Appeal No. 250 of…
Death Penalty–When to be awarded–In rarest of rare cases, when collective conscience of the community is so shocked that it will expect the holders of the judicial power centre to inflict death penalty, irrespective of their personal opinion as regards desirability or otherwise of retaining death penalty, death sentence can be awarded.
2007(1) LAW HERALD (SC) 530 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. 453 of 2006…
Review–Review of judgment in the guise of application for clarification; not to be entertained.
2007(1) LAW HERALD (SC) 529 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice H.K. Sema Civil Appeal No. 7797 of…
Accident–Compensation–Multiplier–Assessment of–Explained. Accident–Compensation–Insured truck parked on running condition without any indicator–Vehicle dashed in such truck is entitled to be compensated by insurer.
2007(1) LAW HERALD (SC) 524 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Civil Appeal No. 255 of…
Fundamental Rights–Enforcement of the rights conferred by Part III under Article 20 & 21 cannot be suspended even during emergencies.
2007(1) LAW HERALD (SC) 479 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice Y.K. Sabharwal The Hon’ble Mr. Justice Ashok Bhan The Hon’ble Mr. Justice Dr.…
Leave to defend–Refusal of–Where leave to defend the leave refused in a summary suit, the consequences of passing a decree cannot be avoided. Leave to defend–Refusal of–Where an appeal lies under Section 96 of the Code, ordinarily an application under Article 227 of the Constitution would not be maintainable.
2007(1) LAW HERALD (SC) 476 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. 230 of 2007…
Death Sentence–Accused a person of notorious character–Killed his wife and four children–Plea of drunkenness can never be an excuse for the brutal, diabolic acts of accused–Case squarely falls under the rarest and rare category” to warrant death sentence.
2007(1) LAW HERALD (SC) 463 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. 1302 of 2006…