Supreme Court of India Judgements

Saturday, 26 January 2019

Dishonour of cheque--First notice remained unserved--Second notice after second prosecution, withdrawn as was wrongly addressed--Third notice after third presentation valid--As earlier two notices did not gave any cause of action

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at January 26, 2019
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Labels: Cheque Dishonour

Friday, 25 January 2019

Murder--Acquittal--There is a time gap of eight hours between the time of the occurrence and the lodging of the FIR. Murder--Acquittal--Version of P.W.s that they identified the accused in moonlight--Not believed

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at January 25, 2019
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Labels: Acquittal

Rape--Accused took away prosecutrix--In absence of marriage, a person will be guilt of abduction and rape.

sclaw.in
at January 25, 2019
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Labels: I P C

Thursday, 24 January 2019

Murder--Husband gave single blow to wife--Act was committed without premeditation, in a sudden fight in the heat of passion upon a sudden quarrel--Conviction altered from Section 302 I.P.C to 304 Part-I I.P.C.

sclaw.in
at January 24, 2019
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Labels: I P C

Wednesday, 23 January 2019

Summoning of Additional Accused—Court cannot mechanically issue process under Section 319Cr.P.C. whenever in a statement recorded before the Court, name of any person is taken Summoning of Additional Accused—Mere mention of name of appellant for first time in court without any substantive evidence does not justify allowing of application u/s 319 Cr.P.C

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at January 23, 2019
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Labels: Cr P C

Contempt of Courts Act, 1971, S. 12--Criminal contempt-Posting of derogatory remarks against Judge of High Court on social media/ facebook-Appellant was sentenced to undergo simple imprisonment for one month—Held; it was not a case where the contempt action should have been taken against the appellant who is an Advocate—Impugned order of High Court set aside.    

sclaw.in
at January 23, 2019
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Labels: Contempt of Courts

Murder—Death Sentence—Special Leave Petition filed in those cases where death sentence is awarded by the courts below, should not be dismissed without giving reasons

sclaw.in
at January 23, 2019
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Labels: Murder Cases

Sunday, 20 January 2019

Pay parity--Senior cannot be paid lesser salary than his juniors--Writ--When writ petition is jointly filed, the prayer therein should not be confined to one petitioner alone only.

sclaw.in
at January 20, 2019
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Labels: Service Matters

Transfer of Suit--Suit for damages filed at Chennai by husband--Suit transferred to Kolkata where wife residing with 2 years old child.

sclaw.in
at January 20, 2019
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Labels: C P C

Arbitrator--Appointment of--An application/petition without approaching the authority nominated and agreed upon by the parties is not maintainable--In instant case ICC was nominated but was not approached.

sclaw.in
at January 20, 2019
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Labels: Arbitration
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