Digest Of Supreme Court Cases

Constitution of India — Arts. 19(1)(a) & (2) and Pt. III, Preamble & Art. 51-A — Right to freedom of speech and expression as protected under Art. 19(1)(a) — Regulation thereof by law

The petition dealt with the misuse of the right of freedom of speech and expression, as provided under Article 19(1)(a) of the Constitution, by public functionaries who made distasteful remarks against certain individuals who were the victims of a crime. The grounds lined up in Art. 19(2) for restricting the right to free speech are […]

Constitution of India — Arts. 19(1)(a) & (2) and Pt. III, Preamble & Art. 51-A — Right to freedom of speech and expression as protected under Art. 19(1)(a) — Regulation thereof by law Read More »

Criminal Procedure Code, 1973 — S. 482 — Quashment of proceedings: Principles summarized regarding when quashment of proceedings is warranted

The civil suit being the Original Suit No. 1343 of 2016 between the parties is pending wherein the contention of the complainant as a plaintiff is that no sale deed dated 29.12.2010 was executed, whereas the contention of the appellant herein as a defendant in the suit is that the sale deed had been executed

Criminal Procedure Code, 1973 — S. 482 — Quashment of proceedings: Principles summarized regarding when quashment of proceedings is warranted Read More »

Penal Code, 1860 — S. 302 or 304 Pt. II — Effect of Absence of intention to kill would amount to Murder or culpable homicide

In this case, deceased was assaulted by three accused including appellant (A-2) who attacked deceased with wooden log on his head and pushed him down. The cause of death of the deceased was due to shock and haemorrhage on account of head injuries and due to subdural haematoma on the left frontal parietal region with

Penal Code, 1860 — S. 302 or 304 Pt. II — Effect of Absence of intention to kill would amount to Murder or culpable homicide Read More »

Penal Code, 1860 — Ss. 302 and 376(2)(i) — Child rape and murder —Defect in investigation, such as non-conducting DNA profiling in terms of S. 53-A CrPC cannot be permitted to decide the fate of the trial—duty of court:

Solely on account of defects or shortcomings in investigation an accused is not entitled to get acquitted and, thus, lapse or omission (purposeful or otherwise) to carry out DNA profiling, by itself, cannot be permitted to decide the fate of a trial for the offence of rape especially, when it is combined with the commission

Penal Code, 1860 — Ss. 302 and 376(2)(i) — Child rape and murder —Defect in investigation, such as non-conducting DNA profiling in terms of S. 53-A CrPC cannot be permitted to decide the fate of the trial—duty of court: Read More »

Consumer Protection — Services — Housing and Real Estate — Maintenance charges

Person/body to whom maintenance charges of a flat to be paid, ascertained. Maintenance is to be paid to Person/ body liable to carry out maintenance and/or actually carrying out such maintenance, or duly authorized agent of such person/body. In the present case builder did not fall in any of the above categories so no specific

Consumer Protection — Services — Housing and Real Estate — Maintenance charges Read More »

Constitution of India — Art. 144 — Judicial authorities to act in aid of Supreme Court

Supreme Court judgment directing all trial courts and Magistrates to act independently of interim/interlocutory orders, even of High Court, in circumstances specified in the said Supreme Court judgment. In such a case, held, all Magistrates and trial courts in India must act in terms of the Supreme Court, in letter and spirit, without any further

Constitution of India — Art. 144 — Judicial authorities to act in aid of Supreme Court Read More »

Criminal Procedure Code, 1973 — Ss. 432(7), 433 and 433-A and S. 406 — Appropriate Government for Determination of Application for grant of premature release

Crime was committed in State of Gujarat, but case pending before trial court there was transferred by Supreme Court to competent court in State of Maharashtra for trial and disposal. Held, after trial had been concluded and judgment of conviction came to be passed, all further proceedings have to be considered including remission or premature

Criminal Procedure Code, 1973 — Ss. 432(7), 433 and 433-A and S. 406 — Appropriate Government for Determination of Application for grant of premature release Read More »

Criminal Procedure Code, 1973 — S. 319 — Power to proceed against other persons appearing to be guilty of offence

The scope and ambit of Section 319 CrPC has been well­ settled by the Constitution Bench of this Court in Hardeep Singh v. State of Punjab and others1 and paras 105 and 106 which are relevant for the purpose are reproduced hereunder: “105. Power under Section 319 CrPC is a discretionary and an extra­ordinary power. It is to be exercised sparingly

Criminal Procedure Code, 1973 — S. 319 — Power to proceed against other persons appearing to be guilty of offence Read More »

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