Digest Of Supreme Court Cases

Penal Code, 1860 — S. 302 or S. 304 — Murder or culpable homicide — Action of accused having pushed down the deceased and thereafter standing on his abdomen and pushing down with crushing action and death due to septicaemia:

There is no absolute proposition of law that in all cases where the deceased died due to septicaemia, the case would fall under S. 304. The same has to be determined in the facts and circumstances of each case ( reference Sanjay v. State of U.P.(2016) 3 SCC 62). Para 13 In any case, as […]

Penal Code, 1860 — S. 302 or S. 304 — Murder or culpable homicide — Action of accused having pushed down the deceased and thereafter standing on his abdomen and pushing down with crushing action and death due to septicaemia: Read More »

Criminal Procedure Code, 1973 — S. 439 — Bail — Whether circumstances had changed sufficiently to warrant grant of bail when successive bail applications were filed upon denial/cancellation of bail on earlier occasions

Bail was granted by High Court on fourth bail application of accused without assigning any reasons. Accused, main conspirator in crime led to killing of one person. Earlier grant of bail to accused by High Court was cancelled by Supreme Court on finding of prima facie material against him. Thereafter, mere examination of principal star

Criminal Procedure Code, 1973 — S. 439 — Bail — Whether circumstances had changed sufficiently to warrant grant of bail when successive bail applications were filed upon denial/cancellation of bail on earlier occasions Read More »

Criminal Procedure Code, 1973-bail under Sec 43-D(5) r/w Ss. 17/18/21 Unlawful Activities (Prevention) Act 1967

There was an allegation of terror funding as the accused allegedly paid levy/ extortion amount to certain terrorist organizations. Sec 43-D (5) proviso entails expression “prima facie true” as in it must be good and sufficient on its face to establish a given fact or the chain constituting the stated offense unless rebutted or contradicted.

Criminal Procedure Code, 1973-bail under Sec 43-D(5) r/w Ss. 17/18/21 Unlawful Activities (Prevention) Act 1967 Read More »

National Company Law Tribunal (NCLT) and national Company Law appellate Tribunal (NCLAT)- Fresh appointments and reappointments.

It was brought to the notice that there are 39 members at present for a sanctioned strength of 63 and the depletion of the strength of the members will adversely affect the smooth functioning of the Tribunals. Held, we direct the Government to complete the process at the earliest and not later than two months.

National Company Law Tribunal (NCLT) and national Company Law appellate Tribunal (NCLAT)- Fresh appointments and reappointments. Read More »

Protection of Children from Sexual Offences Act 2012-Acquittal by the High Court on the ground that there was no physical contact i.e. skin to skin- Notice issued

It was brought to the notice of this court that a judgment dated 19.01.21 passed by the High Court of Judicature at Bombay, Nagpur Bench, in Satish v. State of Maharashtra acquitted the accused under section 8 of the POSCO Act 2012 on the ground that the accused had no sexual intent of committing the

Protection of Children from Sexual Offences Act 2012-Acquittal by the High Court on the ground that there was no physical contact i.e. skin to skin- Notice issued Read More »

Criminal Procedure Code, 1973-Quashing of FIR and cross FIR under Ss. 482 and 173- Quashing by High court on wholly unreasonable and legally unjustifiable grounds

In the facts of the present case, the finding recorded by the High Court that the 2nd FIR was not registered immediately, cannot be justified, primarily because the matter relating to 1st FIR was under investigation and it was not for the High Court to have substituted its own opinion in this regard by holding

Criminal Procedure Code, 1973-Quashing of FIR and cross FIR under Ss. 482 and 173- Quashing by High court on wholly unreasonable and legally unjustifiable grounds Read More »

Criminal Procedure Code, 1973- Bail under section 439- Principles reiterated relying on Prasanta Kumar Sarkar V. Ashis Chatterjee and catena of other decisions

According to the prosecution, the accused along with other persons operate an organized crime gang in Azamgarh that allegedly commits offenses punishable under Chapters 16, 17, and 22 of the Penal Code. The very purpose of the gang is to make physical and financial gains by committing innumerable crimes of serious nature instilling extreme fear

Criminal Procedure Code, 1973- Bail under section 439- Principles reiterated relying on Prasanta Kumar Sarkar V. Ashis Chatterjee and catena of other decisions Read More »

Civil Procedure Code, 1908- Impermissibility of order for taking additional evidence in appeal without following procedure under Or. 41 Rr. 27 to 29

The High Court passed an order against the consent decree on the ground that it was obtained by fraud, calling for a report from the Principal City Civil judge and directing him to hold an inquiry as to whether the consent decree was obtained by fraud. Furthermore, there was an order of executing court on

Civil Procedure Code, 1908- Impermissibility of order for taking additional evidence in appeal without following procedure under Or. 41 Rr. 27 to 29 Read More »

Evidence Act, 1872 –S.32(1)- Evidentiary value of multiple dying declarations- each declaration to be considered independently on its own merits.

The woman burnt by the accused husband by pouring kerosene upon her and thereafter setting her on fire by lighting with a matchstick. She gave two dying declarations and the Trial court only believed her first dying declaration and acquitted all accused without examining the second dying declaration even when the deceased categorically stated that

Evidence Act, 1872 –S.32(1)- Evidentiary value of multiple dying declarations- each declaration to be considered independently on its own merits. Read More »

Consumer Protection Act 1986- S2(1)(r)- Terms of agreement between buyer and seller whether one sided and the same constitutes unfair Trade Practice

In adverting to the facts of this case, NCDRC was justified in taking the view that the condition in the allotment of payment of compensation @ Rs 2 per square foot is one-sided and constitutes an unfair trade practice. The letter of allotment is in a standard form. The purchaser has no option but to

Consumer Protection Act 1986- S2(1)(r)- Terms of agreement between buyer and seller whether one sided and the same constitutes unfair Trade Practice Read More »

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