Digest Of Supreme Court Cases

Constitution of India — Arts. 19, 14 and 21- Proportionality test:

Law summarized regarding when proportionality test to be applied for determining reasonableness of restrictions or limitations on the rights concerned, specifically in the context of Art. 19(6) and more generally under Arts. 14 and 21. “Therefore, we find that the judgment dated 8.10.2020 of the Madhya Pradesh High Court was correct in holding that clause […]

Constitution of India — Arts. 19, 14 and 21- Proportionality test: Read More »

Criminal Law — Public Accountability, Vigilance and Prevention of Corruption — Constitutional Authorities/Functionaries/High Public Offices — Security of Prime Minister of India

Directions issued for judicial inquiry into breach and lapses as the convoy of PM was stuck on a flyover for around 20 minutes. Records relating to PM’s visit seized and secured. Directions also issued for constitution of Enquiry Committee, terms of reference and stay of ongoing proceedings by Central and State Governments and submit a comprehensive

Criminal Law — Public Accountability, Vigilance and Prevention of Corruption — Constitutional Authorities/Functionaries/High Public Offices — Security of Prime Minister of India Read More »

Penal Code, 1860 — Ss. 302/34 — Identification of accused when assailants are not known to the eyewitnesses who witnessed the incident/assault

Manner in which is required to be done: In this case of murder by shooting from pistol, it was held that alleged involvement of appellant-accused and two other co-accused in the incident, held, could not be established beyond reasonable doubt as eyewitnesses to the shooting were not aware of identity of assailants. Nor was identity of

Penal Code, 1860 — Ss. 302/34 — Identification of accused when assailants are not known to the eyewitnesses who witnessed the incident/assault Read More »

Penal Code, 1860 — Ss. 302/34 — Murder of one person by shooting him with firearm — Culpability of accused who gave exhortation to murder

In this case, common intention to murder was established against Accused 2 who had exhorted Accused 1 to shoot deceased dead with the firearm. Hence, it was held that Accused 2 rightly convicted for murder under S. 302 with the aid of S. 34. [Omkar Singh v. Jaiprakash Narain Singh, (2022) 3 SCC 281]

Penal Code, 1860 — Ss. 302/34 — Murder of one person by shooting him with firearm — Culpability of accused who gave exhortation to murder Read More »

Evidence Act, 1872 — S. 27

Principles summarised regarding when conviction exclusively based upon disclosure statement of accused and resultant recovery of inculpatory material is permissible. Robbery under sec 392 and 397 of Penal Code, 1860- Conviction of appellant on strength of his purported disclosure statement and recovery memo not permissible in the absence of any corroborative evidence. Evidence on record

Evidence Act, 1872 — S. 27 Read More »

Motor Vehicles Act, 1988 — S. 166 — Fatal accident — Compensation – Effect of Failure to produce documentary evidence regarding monthly income of deceased in reckoning of Income of deceased and parents entitled to compensation though living separately

In absence of documentary evidence on record, some amount of guesswork is required to be done. But at the same time, held, the guesswork for assessing the income of the deceased should not be totally detached from reality. Merely because claimants were unable to produce documentary evidence to show the monthly income of deceased, same

Motor Vehicles Act, 1988 — S. 166 — Fatal accident — Compensation – Effect of Failure to produce documentary evidence regarding monthly income of deceased in reckoning of Income of deceased and parents entitled to compensation though living separately Read More »

Motor Vehicles Act, 1988 — S. 163-A(3) and Sch. II — Fatal accident of non-earning family member and fixation of notional income under Sch. II

Fixation of notional income of Rs 15,000 p.a. under Sch. II for computing compensation in this case of non-earning family member (minor aged 7 yrs), held, unjust and unreasonable due to of higher cost of living since 1994 when Rs 15,000 was fixed as the notional income under Sch. II for non-earning members. It is

Motor Vehicles Act, 1988 — S. 163-A(3) and Sch. II — Fatal accident of non-earning family member and fixation of notional income under Sch. II Read More »

Civil Procedure Code, 1908- S.9- Property Law- W.B.Municipal Act, 1996 (6 of 1996) S.217-Use and enjoyment of Property

R-3 sold ground floor of his two-storeyed building to appellant inter alia with common right to roof. R-3 decided to construct on the roof. Dispute pertaining to right of R-3 to make construction on roof of the first floor in which he resides, requires to be decided by civil court and not Municipality. Debabrata Saha

Civil Procedure Code, 1908- S.9- Property Law- W.B.Municipal Act, 1996 (6 of 1996) S.217-Use and enjoyment of Property Read More »

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