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 […]
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
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
Factors and parameters that need to be kept in mind by court, summarized. While the right to liberty and presumption of innocence are vital, the court must also consider the gravity of the offence, the impact on society, and the need for a fair and free investigation. it is essential to ensure that all the
Criminal Procedure Code, 1973 — S. 438 — Grant of Anticipatory bail Read More »
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 »
Altercation between police officials in reporting room in police station resulting in accidental firing by service weapon, which caused death of one of them, murder, or, causing death by negligence, determined. The prosecution has failed to prove that the appellant had either any intention of causing the death of the deceased or the intention of
Penal Code, 1860 — S. 302 or S. 304-A r/w S. 80 Read More »
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)
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
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 »
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
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