Digest Of Supreme Court Cases

Criminal Procedure Code, 1973 -Determination and payment of compensation as a pre-condition for grant of bail [Ss. 439, 357, 250(1), 372 and 235(2)]

Held, The objective is clear that in cases of offences against body, compensation to victim should be methodology for redemption. Hence compensation cannot be determined at stage of consideration of grant of bail. Hence direction in impugned order of High Court regarding deposit of compensation cannot be sustained. However, this does not rule out the […]

Criminal Procedure Code, 1973 -Determination and payment of compensation as a pre-condition for grant of bail [Ss. 439, 357, 250(1), 372 and 235(2)] Read More »

Mental fitness to make dying declaration and relevance of opinion of doctor- FIR as dying declaration under S.32(1) and 45

The testimony of PW 9 Dr Kothari, shows that Ganeshram was alive when the initial examination was undertaken by PW9 Dr kothari. According to the witness, when he examined Ganeshram, the blood pressure could not be detected. However, that by itself does not mean that he was not in a physical condition to make any

Mental fitness to make dying declaration and relevance of opinion of doctor- FIR as dying declaration under S.32(1) and 45 Read More »

Concealment of income under Ss. 143, 144 and 68 stand dispelled by the proper disclosure of sources of income at penalty proceedings stage

held- The appellant assessee despite being given sufficient opportunity, failed to prove the correctness and genuineness of his claim. Resultantly the said transactions were assumed as bogus entries (Para 15) Once sources of income were disclosed on affidavit and recorded statements of persons concerned in penalty proceedings, held, it could no longer be said that

Concealment of income under Ss. 143, 144 and 68 stand dispelled by the proper disclosure of sources of income at penalty proceedings stage Read More »

Death due to gunshot injury and injuries by knife /sharp weapon and the same is supported by medical evidence. Conviction of three accused persons under Ss. 302/34

held, The prosecution has been successful in proving the motive. There was a prior long-time enmity between the deceased and the accused A-1. The defense has failed to prove any circumstances by which it can be said that they are falsely implicated in the case. (Para15). After appreciation of evidence, the Supreme Court observed that

Death due to gunshot injury and injuries by knife /sharp weapon and the same is supported by medical evidence. Conviction of three accused persons under Ss. 302/34 Read More »

Penal Code, 1860 — S. 302 and S. 53 Imposition of sentence of life imprisonment by trial court with direction that it shall be for remainder of natural life not permissible but after looking into the entire case, this court upheld the conviction under sec 302

The power of imposing a fixed term of imprisonment, or for the remainder of natural term of life of convict is available only to High Court and Supreme Court, and not the trial court. Considering the motive of the crime that appellant was living in a relationship with the complainant Anju who had two children

Penal Code, 1860 — S. 302 and S. 53 Imposition of sentence of life imprisonment by trial court with direction that it shall be for remainder of natural life not permissible but after looking into the entire case, this court upheld the conviction under sec 302 Read More »

Registration Act, 1908 — Family settlement/compromise, or, settlement/compromise in respect of family property are exempt from compulsory registration

17(2)(vi) and Ss. 17(1)(b) & (c): Second part of S. 17(2)(vi) which is an exception to the exception carved out by S. 17(2)(vi), and hence to which said second part, Ss. 17(1)(b) & (c) normally apply. Ss. 17(1)(b) & (c) are not applicable to compromise decree comprising immovable property other than that which is subject-matter

Registration Act, 1908 — Family settlement/compromise, or, settlement/compromise in respect of family property are exempt from compulsory registration Read More »

Principle of Doctrine of election / Law of Estoppel under section 115 of Evidence Act,1872 reiterated

The plaintiff received some property under the will. He filed a suit for eviction of an occupant in which he claimed that the property had been bequeathed to him. At the same time, he claimed that the description of properties given in the will being shown as personal properties were HUF property. It is a

Principle of Doctrine of election / Law of Estoppel under section 115 of Evidence Act,1872 reiterated Read More »

Ss. 106 and 107-whether the rent deed can be treated to be a lease of immovable property (i) from year to year (ii) for any term exceeding one year (iii) or reserving a yearly rent?

As per sec 17(1)(d), leases of immovable property from year to year or for any term exceeding one year, or reserving a yearly rent requires compulsory registration. Held, the rent note, which we are considering contains only monthly rent and payment month by month. When the clauses of rent note are cumulatively read, the intention

Ss. 106 and 107-whether the rent deed can be treated to be a lease of immovable property (i) from year to year (ii) for any term exceeding one year (iii) or reserving a yearly rent? Read More »

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