Digest Of Supreme Court Cases

Prevention of Corruption Act, 1988 — S. 13 — Disproportionate assets alleged — Discharge

Principles clarified re “known sources of income” under S. 13(1)(e) PC Act, 1988, and stage at which onus to account satisfactorily for the money to be discharged by accused. Held, Section 13(1)(e) of the Act 1988 makes a departure from the principle of criminal jurisprudence that the burden will always lie on the prosecution to […]

Prevention of Corruption Act, 1988 — S. 13 — Disproportionate assets alleged — Discharge Read More »

Penal Code, 1860— Ss. 302, 307 and 328 — When can Testimony of sole surviving victim not form the sole basis of conviction – when Other evidence coupled with such testimony, may provide sufficient basis for conviction

In this case of multiple murders, deposition of surviving victim, held, could not form sole basis of conviction, as in a number of statements recorded of such witness, name of appellant-accused surfaced only in the last. However, there was other unimpeachable evidence, particularly the recovery evidence of purchase of bottle of pesticide by accused having

Penal Code, 1860— Ss. 302, 307 and 328 — When can Testimony of sole surviving victim not form the sole basis of conviction – when Other evidence coupled with such testimony, may provide sufficient basis for conviction Read More »

Penal Code, 1860 — S. 411 r/w S. 24 — Receiving stolen property

The inevitable conclusion is that the prosecution has failed to establish that the appellant had the knowledge that articles seized from his possession are stolen goods. In Trimbak vs. State of Madhya Pradesh5, this Court discussed the essential ingredients for conviction under Section 411 of the IPC. Justice Mehr Chand Mahajan, in his erudite opinion

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Unlawful Activities (Prevention) Act, 1967 — Ss. 39 & 40 and S. 43-D(5) & proviso thereto:

Essential ingredients of offences of supporting and/or raising funds for terrorist organisation under Ss. 39 & 40 and matters to be considered before cancellation of bail in respect of such offence(s), It would further reveal that not only the charge-sheet but supplementary charge-sheet has been filed. The Forensic Science Laboratory (for short, “FSL”) report show

Unlawful Activities (Prevention) Act, 1967 — Ss. 39 & 40 and S. 43-D(5) & proviso thereto: Read More »

Entertainment, Amusement, Leisure and Sports — Films, Cinemas, Videos, Television and Radio — Cinema/Movie Theatres – Rights and Duties of Owners/Management and Patrons/Cinemagoers

The essence of the business model is to provide a fillip to the revenue generated by another arm of the business. This being the case, movie goers are bound by the condition of entry determined by the theatre owners in the instant case i.e., the prohibition on carrying food and beverages from outside into the

Entertainment, Amusement, Leisure and Sports — Films, Cinemas, Videos, Television and Radio — Cinema/Movie Theatres – Rights and Duties of Owners/Management and Patrons/Cinemagoers Read More »

Penal Code, 1860 — S. 34 — Requirements for Conviction with aid of S. 34

When a part of the evidence produced by the prosecution to bring the accused within the fold of S. 34 is disbelieved, held, the remaining part must be examined with adequate care and caution. .Both the appellants have been charged only based upon the rule of evidence available under Section 34 of the IPC. Section 34 does not constitute

Penal Code, 1860 — S. 34 — Requirements for Conviction with aid of S. 34 Read More »

Negotiable Instruments Act, 1881— S. 138 and S. 56 r/w S. 15 — Loan transaction — Issuance of cheque as security — Effect of part-payment of debt prior to presentation of cheque for encashment

Held, For attracting S. 138, as per proviso (b) a demand notice demanding the “the said amount of money” needs to be made by the drawee of the cheque (Para 26) and an omnibus demand notice without specifying as to what was the amount due under the dishonoured cheque would not subserve the requirement of

Negotiable Instruments Act, 1881— S. 138 and S. 56 r/w S. 15 — Loan transaction — Issuance of cheque as security — Effect of part-payment of debt prior to presentation of cheque for encashment Read More »

Protection of Children from Sexual Offences Act, 2012 — S. 6 (as it stood prior to amendment dt. 16-8-2023) — Sentence

Imposition of less than minimum prescribed thereunder (of 10 yrs’ RI at the relevant time) is impermissible, even when the accused had moved ahead in life. it was noted by the High Court that the age of the child, rather victim is 10 years and on the contrary, Section 5 (m) of the Act itself

Protection of Children from Sexual Offences Act, 2012 — S. 6 (as it stood prior to amendment dt. 16-8-2023) — Sentence Read More »

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