Digest Of Supreme Court Cases

Defamation ? -Penal Code, 1860 — S. 499 Exception 8 and S. 500 r/w S. 52

In case of complaint filed before authority concerned with accusations of creating nuisance by opening shop that attracted anti-social elements and road romeos, and created all sorts of problems, whether could amount to defamation, discussed. Applicability of S. 499 Exception 8, determined. The learned Magistrate committed a serious error in taking cognizance on a complaint, […]

Defamation ? -Penal Code, 1860 — S. 499 Exception 8 and S. 500 r/w S. 52 Read More »

Liability of accessory accused other than main assailant who inflicted the fatal blow- Penal Code, 1860 — Ss. 323/34 r/w Ss. 302/34

A Complaint dated 13.04.2012 at 8:10 a.m was filed with the Koheer Police Station, Telangana, stating that on 08.04.20I2 at 9.00 p.m, accused 1-6 came to the Complainant’s house, physically assaulted his Mother, (Deceased), A1 further kicked forcefully on her stomach, due to which, she fell on ground and subsequently died in the hospital on

Liability of accessory accused other than main assailant who inflicted the fatal blow- Penal Code, 1860 — Ss. 323/34 r/w Ss. 302/34 Read More »

Gang rape and wrongful confinement -Penal Code, 1860 — Ss. 376(2)(g) and 342 — Allegations — Determination of Culpability of appellant-accused

It is a case in which rape was committed on the prosecutrix by three accused, namely Avtar Singh, Sohal Lal, and Gian Singh, though one of them was acquitted by the trial court. However, the involvement of the appellants was proved beyond any doubt. Plea taken by them in defence was not found to be

Gang rape and wrongful confinement -Penal Code, 1860 — Ss. 376(2)(g) and 342 — Allegations — Determination of Culpability of appellant-accused Read More »

Whether the construction on an encroached land is protected under Section 51 of the Constitution of India? -Transfer of Property Act, 1882 — S. 51 — Conditions for applicability of-

Two questions- Whether the construction on an encroached land is protected under Section 51 of the Constitution of India? Whether silence of defendant at the time of construction would amount to estoppel of her right to claim her property in question? The Supreme Court stated that to fall under the scope of Section 51 of the Transfer

Whether the construction on an encroached land is protected under Section 51 of the Constitution of India? -Transfer of Property Act, 1882 — S. 51 — Conditions for applicability of- Read More »

Compensation for loss of future income and assessment of Functional disability resulting therefrom —Permanent disability- Motor Vehicles Act, 1988 — Ss. 163, 166 and 173

Any physical disability resulting from an accident has to be judged with reference to the nature of the work being performed by the person who suffered the disability. The Appellant has filed the present appeal aggrieved against the order of High Court reducing amount of compensation. The Appellant has raised a limited argument that the

Compensation for loss of future income and assessment of Functional disability resulting therefrom —Permanent disability- Motor Vehicles Act, 1988 — Ss. 163, 166 and 173 Read More »

Criminal Law — Criminal Trial — Sentence — Principles for sentencing

Proportionality/Balancing of Aggravating and Mitigating Circumstances: Principle of proportionality should guide sentencing process. All the accused were found concurrently guilty under Section 148 IPC; they were armed with different kinds of implements and weapons, that were capable of inflicting deadly injuries. The postmortem report of Subhash revealed at least six serious head injuries, including fracture

Criminal Law — Criminal Trial — Sentence — Principles for sentencing Read More »

Debt, Financial and Monetary Laws — Debt, Debt Recovery and Relief — Debt/Debtor/Loan/Liability

Payment or refund or discharge of liability effected vide banker’s cheque, or pay order, or demand draft, or any instrument where payment is effected through the bank, when complete, and when liability to pay interest on the amount in question ceases, explained. Law clarified relating to applicability of principles contained in Or. 21 Rr. 1(4)

Debt, Financial and Monetary Laws — Debt, Debt Recovery and Relief — Debt/Debtor/Loan/Liability Read More »

Civil Procedure Code, 1908 — S. 47 and Or. 21-Alteration of terms of decree by executing court

Held, This elucidation of the law is unexceptionable. It is undeniable that an Executing Court can construe a decree if it is ambiguous. However, as in the facts of the case herein, this cannot result in additions (to the terms of the consent, embodied in the email dated 28.03.2019) which were not agreed upon by

Civil Procedure Code, 1908 — S. 47 and Or. 21-Alteration of terms of decree by executing court Read More »

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