Category: Digest Of Supreme Court Cases - Re Legal

Reliance on Foreign Precedent?- Banned organisation or unlawful Association -Constitution of India — Arts. 19(1)(c) & (a) and Arts. 19(2), (3) & (4) and Arts. 21 and 14

Law clarified relating to criminal liability imposed therefor under special statutes (UAPA and TADA) on basis of doctrine of “guilt by (continuing) association”, whether should be read down to include the conditions of actus reus and mens rea. Nature, scope and applicability of S. 10(a)(i) r/w Ss. 3 and 4 UAPA, explained in detail. […]

Reliance on Foreign Precedent?- Banned organisation or unlawful Association -Constitution of India — Arts. 19(1)(c) & (a) and Arts. 19(2), (3) & (4) and Arts. 21 and 14 Read More »

Criminal Procedure Code, 1973 — S. 319 — Summoning of additional accused:

Ingredients, scope and powers bestowed on court under S. 319, explained. It is, thus, manifested from a conjoint reading of the cited decisions that power of summoning under Section 319 Cr.P.C. is not to be exercised routinely and the existence of more than a prima facie case is sine quo non to summon an additional

Criminal Procedure Code, 1973 — S. 319 — Summoning of additional accused: Read More »

Insurance — Payment of Claim or Repudiation of Claim/Termination/ Remedies/Relief — Causation/Assessment of Loss/Surveyors, Investigators and Loss Assessors

Repudiation of claim under fire and special perils policy, for not providing desired documents is not sustainable, when documents were for the purpose of assessment of claim and Surveyor’s report had already been made and accepted by Insurance Company. Held, “In our considered view, invoking condition no. 6(b) of the policy for repudiation dated 11th

Insurance — Payment of Claim or Repudiation of Claim/Termination/ Remedies/Relief — Causation/Assessment of Loss/Surveyors, Investigators and Loss Assessors Read More »

Criminal Law — Criminal Trial — Circumstantial Evidence— Extra-judicial confession/Hearsay

Law with regard to evidentiary value of extra-judicial confession as succinctly laid down in Munna Kumar Upadhyay, (2012) 6 SCC 174, commended to be followed as locus classicus. Held, The observations of this Court in the case of Sukhwant Singh v. State of Punjab3: ………It hardly needs to be emphasised that in cases where injuries are

Criminal Law — Criminal Trial — Circumstantial Evidence— Extra-judicial confession/Hearsay Read More »

Criminal Procedure Code, 1973 — S. 102

Condition imposed for release of seized funds subject to bank guarantee equivalent to amount is invalid when accused not connected with the Company entitled to such funds and also discharged of alleged offence. Freezing of assets and imposition of bank guarantee against appellant is not permissible where investigation against the appellant Company, itself is rendered

Criminal Procedure Code, 1973 — S. 102 Read More »

Penal Code, 1860 — S. 308 or S. 338 — Permissibility for Alteration of conviction from S. 308 to one under S. 338

By applying principles incorporated in S. 222(2) CrPC, the court can consider whether the accused has committed any other offence which is a minor offence in comparison to the offence for which he is tried. Causing grievous hurt by act endangering life or personal safety of others – At that relevant time, the bus was

Penal Code, 1860 — S. 308 or S. 338 — Permissibility for Alteration of conviction from S. 308 to one under S. 338 Read More »

Penal Code, 1860 — S. 302 — Appeal against acquittal from Murder of wife alleged

Order of High Court reversing acquittal of appellant-accused and convicted him under S. 302 IPC for murdering his wife in case resting on circumstantial evidence, quashed and set aside. the dead body of an unknown married woman aged about 25 years was lying in a field on the side of the railway track at Ambalgisan

Penal Code, 1860 — S. 302 — Appeal against acquittal from Murder of wife alleged Read More »

Transfer of Property Act, 1882 — S. 53-A — Applicability

The buyer having performed his part of contract and lawfully in possession acquires possessory title which is liable to be protected in view of S. 53-A TPA. Such possessory rights of the buyer cannot be invaded by the seller/transferor or any person claiming under him. Once seller parted with possession of suit property by putting

Transfer of Property Act, 1882 — S. 53-A — Applicability Read More »

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 »

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Digest Of Supreme Court Cases

Reliance on Foreign Precedent?- Banned organisation or unlawful Association -Constitution of India — Arts. 19(1)(c) & (a) and Arts. 19(2), (3) & (4) and Arts. 21 and 14

Criminal Procedure Code, 1973 — S. 319 — Summoning of additional accused:

Insurance — Payment of Claim or Repudiation of Claim/Termination/ Remedies/Relief — Causation/Assessment of Loss/Surveyors, Investigators and Loss Assessors

Criminal Law — Criminal Trial — Circumstantial Evidence— Extra-judicial confession/Hearsay

Criminal Procedure Code, 1973 — S. 102

Penal Code, 1860 — S. 308 or S. 338 — Permissibility for Alteration of conviction from S. 308 to one under S. 338

Penal Code, 1860 — S. 302 — Appeal against acquittal from Murder of wife alleged

Transfer of Property Act, 1882 — S. 53-A — Applicability

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

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

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Digest Of Supreme Court Cases

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