Home / Latest Caselaw

Latest Caselaw

Supreme Court Judgement Search

RAJ KUMAR @ RAJU Vs. STATE(NCT OF DELHI)

20/1/2017   View PDF PDF   View Text  Text

- Indian Penal Code, Section 302 read with Section 34 - Evidence Act, Section 114. - Appellant had been convicted by the learned trial Court for the offence punishable under Section 302 read with Section 34 IPC with Life Sentence. - Held, the charge of murder cannot be brought home unless there is some evidence to show that the robbery and the murder occurred at the same time i.e. in the course of the same transaction. Appeal partly allowed.

RANJAN GOGOI, ASHOK BHUSHAN

20/1/2017   View PDF PDF   View Text  Text

 

RAJ KUMAR @ RAJU Vs. STATE(NCT OF DELHI)

20/1/2017   View PDF PDF   View Text  Text

- Indian Penal Code, Section 302 read with Section 34 - Evidence Act, Section 114. - Appellant had been convicted by the learned trial Court for the offence punishable under Section 302 read with Section 34 IPC with Life Sentence. - Held, the charge of murder cannot be brought home unless there is some evidence to show that the robbery and the murder occurred at the same time i.e. in the course of the same transaction. Appeal partly allowed.

RANJAN GOGOI, ASHOK BHUSHAN

20/1/2017   View PDF PDF   View Text  Text

 

STATE OF TRIPURA & ORS. Vs. NIKHIL RANJAN CHAKRABORTY & ORS.

20/1/2017   View PDF PDF   View Text  Text

- Tripura Civil Service Rules, 1967, Article 309 of the Constitution - There was no accrued right nor was there any mandate that vacancies must be filled invariably by the law existing on the date when the vacancy arose, the State was well within its rights to stipulate that the vacancies be filled in accordance with the Rules

ADARSH KUMAR GOEL, UDAY UMESH LALIT

20/1/2017   View PDF PDF   View Text  Text

 

SOUTHERN MOTORS Vs. STATE OF KARNATAKA & ORS.

18/1/2017   View PDF PDF   View Text  Text

- Section 2(34) of the Karnataka Value Added Tax Act, 2003 and Rule 3(2)(c) Karnataka Value Added Tax Rules, 2005 - Held, sale/purchase price has to be adjudged on a combined consideration of the tax invoice or bill of sale as the case may be along with the accounts reflecting the trade discount and the actual price paid.

DIPAK MISRA, AMITAVA ROY

18/1/2017   View PDF PDF   View Text  Text

 

MEERA SANTOSH PAL AND ORS Vs. UNION OF INDIA AND ORS

16/1/2017   View PDF PDF   View Text  Text

- Medical Termination of Pregnancy Act, 1971, Section 3(2)(i) - A woman carrying 24 weeks pregnancy - Permission granted to her to terminate the tenancy in facts of case :- 1. Report of Medical Board that fetus was without a skull and would, therefore not be in a position to survive. 2. According to report continuation of pregnancy can gravely endanger the physical and mental health of the woman. 3. The right to bodily integrity calls for a permission to allow her to terminate her pregnancy. 4. A woman has a right to take all such steps as necessary to preserve her own life against the avoidable danger to it .

S.A. BOBDE, L. NAGESWARA RAO

16/1/2017   View PDF PDF   View Text  Text

 

MEERA SANTOSH PAL AND ORS Vs. UNION OF INDIA AND ORS

16/1/2017   View PDF PDF   View Text  Text

- Medical Termination of Pregnancy Act, 1971, Section 3(2)(i) - A woman carrying 24 weeks pregnancy - Permission granted to her to terminate the tenancy in facts of case :- 1. Report of Medical Board that fetus was without a skull and would, therefore not be in a position to survive. 2. According to report continuation of pregnancy can gravely endanger the physical and mental health of the woman. 3. The right to bodily integrity calls for a permission to allow her to terminate her pregnancy. 4. A woman has a right to take all such steps as necessary to preserve her own life against the avoidable danger to it .

S.A. BOBDE, L. NAGESWARA RAO

16/1/2017   View PDF PDF   View Text  Text

 

UNION OF INDIA AND ORS. Vs. K.P. SINGH AND ANR.

12/1/2017   View PDF PDF   View Text  Text

- Armed Forces Tribunal Act, 2007, Sections 30 and 31 - Army Act, 1950 - Navy Act, 1957 - Constitution of India, Article 32. - Original Application contended that respondents were entitled to receive Dynamic Assured Career Progression as per the DACP Scheme, as approved by the Central Government. - Held, Original Applications remanded back to the Tribunal for reconsideration of the entire matter de novo.

A.M. KHANWILKAR, D.Y. CHANDRACHUD

12/1/2017   View PDF PDF   View Text  Text

 

UNITED FINANCE CORPORATION Vs. M.S.M. HANEEFA (DEAD) THROUGH LRS.

11/1/2017   View PDF PDF   View Text  Text

- Order XXI Rule 95 C.P.C. - Issue is as to when the Limitation for Possession of Property purchased in Court auction starts. - Held, in Article 134 of the Limitation Act, the legislature has consciously adopted the expression when the sale becomes absolute and not when the sale was confirmed. Appeal allowed.

R.K. AGRAWAL, R. BANUMATHI

11/1/2017   View PDF PDF   View Text  Text

 

SALONI ARORA Vs. STATE OF NCT OF DELHI

10/1/2017   View PDF PDF   View Text  Text

- Section 182, Indian Penal Code, 1860, Section 195, Criminal Procedure Code, 1973. - The action taken by the prosecution against the appellant for the offence under Section 182 IPC is rendered void ab initio if the procedure laid under Section 195 CrPC is not followed.

A.K. SIKRI, ABHAY MANOHAR SAPRE

10/1/2017   View PDF PDF   View Text  Text

 

SRI GANESH Vs. STATE OF TAMIL NADU AND ANR.

6/1/2017   View PDF PDF   View Text  Text

- Sections 376, 417, 109 and 506(ii) IPC - Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000 - Held, accused had repeatedly engaged in consensual sexual intercourse with prosecutrix on different dates on promises of marriage. After having found that the promises were false, the prosecutrix had lodged a complaint asserting her exploitation on certain previous dates thus there was no delay in registration of FIR.

PINAKI CHANDRA GHOSE, UDAY UMESH LALIT

6/1/2017   View PDF PDF   View Text  Text

 

BEHRAM TEJANI & ORS Vs. AZEEM JAGANI

6/1/2017   View PDF PDF   View Text  Text

- Pleaded that the respondent, at best, was a relative staying with a gratuitous licensee - Held, there is merit in the olea that the grand-mother of the respondent though did not have any right qua the premises was permitted to occupy purely out of love and affection. - A person holding the premises gratuitously or in the capacity as a caretaker or a servant would not acquire any right or interest in the property and even long possession in that capacity would be of no legal consequences.

PINAKI CHANDRA GHOSE, UDAY UMESH LALIT

6/1/2017   View PDF PDF   View Text  Text

 

MD. SAJJAD @ RAJU @ SALIM Vs. STATE OF WEST BENGAL

6/1/2017   View PDF PDF   View Text  Text

- Section 302 read with Section 34 of the Indian Penal Code. TIP held after 25 days of arrest. - Held, granting benefit of doubt to the appellant it is held that the prosecution has failed to establish its case against the appellant.

PINAKI CHANDRA GHOSE, UDAY UMESH LALIT

6/1/2017   View PDF PDF   View Text  Text

 

AJAY SINGH AND ANR Vs. STATE OF CHHATTISGARH AND ANR

6/1/2017   View PDF PDF   View Text  Text

- Sections 304B, 498A/34, 328 IPC read with Section 3/4 of Dowry Prohibition Act, 1961. - Held, a trial Judge should remember that he has immense responsibility as he has a lawful duty to record the evidence in the prescribed manner keeping in mind the command postulated in Section 309 of the CrPC and pronounce the judgment as provided under the Code. A Judge in charge of the trial has to be extremely diligent. - In the case at hand, the High Court on the administrative side had transferred the case to the learned Sessions Judge by which it has conferred jurisdiction on the trial court which has the jurisdiction to try the sessions case under CrPC. Thus, it has done so as it has, as a matter of fact, found that there was no judgment on record. There is no illegality

DIPAK MISRA, AMITAVA ROY

6/1/2017   View PDF PDF   View Text  Text

 

THE STATE OF TELANGANA Vs. HABIB ABDULLAH JEELANI & ORS.

6/1/2017   View PDF PDF   View Text  Text

- Criminal Procedure Code, Section 482 - Indian Penal Code, Sections 147, 148 149 and 307. - Held, In entertaining such a petition under Article 226, the High Court is supposed to balance the two interests. On the one hand, the Court is to ensure that such a power under Article 226 is not to be exercised liberally so as to convert it into Section 438 CrPC proceedings, keeping in mind that when this provision is specifically omitted in the State of Uttar Pradesh, it cannot be resorted to as back door entry via Article 226.

DIPAK MISRA, AMITAVA ROY

6/1/2017   View PDF PDF   View Text  Text

 

COMMISSIONER CENTRAL EXCISE Vs. M/S.UNITED SPIRITS LTD.& ANR.

5/1/2017   View PDF PDF   View Text  Text

- Section 11A, 11 B of Central Excise Act, 1944. - Held, since from the order of the tribunal the exact nature of the process undertaking and how mixing is undertaken and the process involved is not discernible and has not been ascertained and commented. It remains ambiguous and inconclusive. Matter remanded back for fresh decision.

DIPAK MISRA, N.V. RAMANA

5/1/2017   View PDF PDF   View Text  Text

 

SECRETARY MAHATAMA GANDHI MISSION & ARN. Vs. BHARTIYA KAMGAR SENA AND ORS

5/1/2017   View PDF PDF   View Text  Text

- Bombay Public Trusts Act, 1950 - Maharashtra University Act, 1994, Section 14(8). - Held, appellants bound in law to work out the remedies and find out the ways and means to meet the financial liability arising out of the obligation to pay the revised pay scales. Appeal dismissed.

J. CHELAMESWAR, ABHAY MANOHAR SAPRE

5/1/2017   View PDF PDF   View Text  Text

 

GAUTAM JAIN Vs. U.O.I.& ANR.

4/1/2017   View PDF PDF   View Text  Text

- Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 COFEPOSA.

A.K. SIKRI, ABHAY MANOHAR SAPRE

4/1/2017   View PDF PDF   View Text  Text

 

GOPAL AND SONS (HUF) Vs. CIT KOLKATA-XI

4/1/2017   View PDF PDF   View Text  Text

- Issue Whether in view of the settled principle that HUF cannot be a registered shareholder in a company and hence could not have been both registered and beneficial shareholder, loan/advances received by HUF could be deemed as dividend within the meaning of Section 2(22)(e) of the Income Tax Act, 1961. - Held, since HUF itself is not the registered shareholder, the provisions of deemed dividend are not attracted.

A.K. SIKRI, ABHAY MANOHAR SAPRE

4/1/2017   View PDF PDF   View Text  Text

 

M/S PATEL BROTHERS Vs. STATE OF ASSAM AND ORS.

4/1/2017   View PDF PDF   View Text  Text

- Limitation Act, 1963, Section 5 - Assam Value Added Tax Act, 2003, Section 81 - Assam General Sales Tax Act, 1993. - Held, one cannot invoke Section 5 of the Limitation Act, 1963 so as to supplement the provisions of the VAT Act which excludes the operation of Section 5 by necessary implications.

A.K. SIKRI, ABHAY MANOHAR SAPRE

4/1/2017   View PDF PDF   View Text  Text

 

VIJENDRA SINGH Vs. STATE OF U.P.

4/1/2017   View PDF PDF   View Text  Text

- Indian Penal Code, Section 302 read with Section 34 -Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7-A - Juvenile Justice (Care and Protection of Children) Rule, 2000. - DB maintained Conviction recorded by the Sessions Court. - Held, Appeal devoid of merits but one Appellant found to be Juvenile at the time of offence. JJB asked to release him if he has completed the maximum period of detention permissible under JJ Act.

DIPAK MISRA, ROHINTON FALI NARIMAN

4/1/2017   View PDF PDF   View Text  Text

 
Show more