Digest Of Supreme Court Cases

Penal Code, 1860 — Ss. 141, 142 and 149 and Ss. 302/149 part of unlawful assembly

Mere fact that appellant was not brave enough to conceal where victim was hiding did not make him a part of the unlawful assembly that had the common object to murder the victim. He had only pointed towards place where victim was hiding. Hence, conviction of appellant-accused under Ss. 302/201/147/148/149, set aside. [Taijuddin v. State […]

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Criminal Procedure Code, 1973 — Ss. 218 to 223(a) to (g) and S. 223 proviso — Trial whether to be joint or separate

Charging accused and trying them together is warranted under sec 218 but held, there are exceptions to this rule in Ss 219 to 221 and thus if a person falls under these exceptions, then joint trial for the offences which a person is charged with may be conducted. Further held, while applying the principles enunciated

Criminal Procedure Code, 1973 — Ss. 218 to 223(a) to (g) and S. 223 proviso — Trial whether to be joint or separate Read More »

Criminal Law — Public Accountability, Vigilance and Prevention of Corruption — Punishment for Erring Official(s) for Delay/laches in filing appea

There was a delay of one year apart from 90 day’s delay in filing SLP where more than Rs 5 crores involved, authorities, held, must recover it from the officer(s) concerned. Before proceeding with the application, the steps taken by the appellant against the concerned officers and if not done, then an inquiry must be

Criminal Law — Public Accountability, Vigilance and Prevention of Corruption — Punishment for Erring Official(s) for Delay/laches in filing appea Read More »

Penal Code, 1860 — Ss. 302, 376, 364, 366-A and 201 — Rape and murder of 5 yr old girl by strangulation

Low age of victim cannot be considered as only or sufficient factor by Supreme Court for imposing death sentence. (para 35) Sentences awarded to appellant under Ss. 376, 364, 366-A and 201 IPC, upheld. However, considering mitigating circumstances, death sentence awarded under S. 302, is commuted to life imprisonment with stipulation that appellant shall not

Penal Code, 1860 — Ss. 302, 376, 364, 366-A and 201 — Rape and murder of 5 yr old girl by strangulation Read More »

Penal Code, 1860 — S. 498-A

In this case, victim immolating herself in her matrimonial home leading to her death in hospital. Concurrent findings of facts recorded by both courts below on harassment and/or torture and/or cruelty by appellant mother-in-law of victim with regard to jewels, on appreciation of evidence, stand established. Therefore, appellant, held, rightly convicted under S. 498-A. The

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Insolvency and Bankruptcy Code, 2016 — Ss. 7 and 3(8) — Insolvency proceedings against a corporate person being a guarantor of a loan account of the defaulting principal borrower who is not a “corporate person”

Principal borrower is not required to be “corporate person” as in the present case, proprietorship concern, for the lender to initiate such proceedings against guarantor who is a corporate person. A right or cause of action enures to the lender (financial creditor) to proceed against the principal borrower, as well as the guarantor in equal

Insolvency and Bankruptcy Code, 2016 — Ss. 7 and 3(8) — Insolvency proceedings against a corporate person being a guarantor of a loan account of the defaulting principal borrower who is not a “corporate person” Read More »

Insolvency and Bankruptcy Code, 2016-S.61- Limitation Act –S14- Applicability-

Appellant (KIAL) preferred a writ petition before the High Court of Judicature at Bombay soon after pronouncement of judgment by NCLT, which was withdrawn with the liberty to file an appeal. Thereafter, an appeal was filed before the National Company Law Appellate Tribunal beyond 45 days (including 15 days of extension) under Section 61 of IBC,

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