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Others Judiciary

Macchi Singh v. State of Punjab (1983) - Identifying 'Rarest of Rare' Cases

 19 October 2020

The circumstances of the case do reveal that it was a cold- blooded murder and the victims were helpless and undefended. The offence committed was of an exceptionally depraved and heinous character. The court uphold the view concurrently taken by the..

Posted in Others |   7598 hits

Anga Reddy v. Basamma (2004) - Partition of Estate

 19 October 2020

The courts have to effect partition and allot shares to the parties after receipt of report from revenue officials or court commissioners. Therefore the courts have to issue warrant to the court commissioners asking them to propose partition as per p..

Posted in Others |   964 hits

R v. Tolson (1889) - 2nd Marriage on Belief of Death of Husband

 15 October 2020

The appeal court said that despite the absence of words such as "knowingly committing bigamy" or "intentionally committing bigamy", which would have excused her, Ms. Tolson was saved in this situation by an old common law rule...

Posted in Others 1 comments |   43084 hits

Regina v. Dudley & Stephens (1884) - Is necessity a defense for murder?

 15 October 2020

The Court held that "the necessity of hunger does not justify larceny, let alone murder. Stephens and Dudley chose the weakest and youngest to kill and it was not more necessary to kill him than any of the other grown men.Stephens and Dudley were tem..

Posted in Others |   2894 hits

Sangeet & Anr v. State of Haryana (2011) - Life Imprisonment or Death Penalty?

 13 October 2020

The Supreme Court allowed the appeal and held that “Given these conclusions, we are of the opinion that in cases such as the present, there is considerable uncertainty on the punishment to be awarded in capital offences - whether it should be life im..

Posted in Others |   2664 hits

Nemai Mandal & Anr v. State of W. B. (2000) - Life Imprisonment or Death Penalty?

 13 October 2020

The Supreme Court dismissed the appeal of reducing the life sentence in comparison to the one year served as simple imprisonment and held that “the degree of brutality surrounding the occurrence may not by itself be regarded as sufficient to push the..

Posted in Others |   1030 hits

Marico ltd v. Abhijeet Bhansali (2019) - Freedom of Speech and Expression of YouTuber

 08 October 2020

The Court was satisfied that the Plaintiff has made a prima facie case for grant of interim reliefs. The balance of convenience was in favour of the Plaintiff. ..

Posted in Others |   2959 hits

State of Gujarat v. Keshavlal Maganbhai Jogani (1992) - Physical Obstruction for Proving Wrongful Confinement

 07 October 2020

It held that the only allegation about the confinement is addressing of words 'asking the two officers to sit and not to leave the house till the complainant returns'. There is no allegation that any force was displayed...

Posted in Others |   2357 hits

TK David v. Kuruppampady (2020) - SLP Against HC Order cannot be Entertained When Main Judgment is not Challenged

 07 October 2020

Most recently on October 5, 2020, a three Judge Bench of the Supreme Court comprising of Justice Ashok Bhushan, Justice R Subhash Reddy and Justice MR Shah in a latest, landmark, learned and laudable judgment titled TK David vs Kuruppampady Service..

Posted in Others |   1123 hits

Arjun Singh v. STate of WB & Ors (2020) - Ban On Mobile In Hospitals

 07 October 2020

It is quite relaxing, quite refreshing, quite rejuvenating and quite remarkable to note that the Calcutta High Court has just recently on 30 September, 2020 in Arjun Singh Vs. The State of West Bengal & Ors. in WPA 5374 of 2020 and 3 others in exerci..

Posted in Others |   721 hits

Naib Singh v. State of Punjab (1986) - Offence Committed u/s 326 or u/s 324 of the IPC?

 06 October 2020

The High Court dismissed the appeal & upheld convicting the appellant under Section 326 of the Indian Penal Code. ..

Posted in Others |   2306 hits

Sakshi v. UOI (2004) - Sexual Abuse of Children & Women by Penetration other than Penile/Vaginal Penetration

 06 October 2020

The Court disposed of the writ petitionwith following directions that “Section 327 (2) Cr.P.C i.e. Notwithstanding anything contained in sub- section (1), he inquiry into and trial of rape or an offence under section 376, section 376A, section 376B, ..

Posted in Others |   2583 hits

Mohammad Rafi v. Emperor - Concealing of Self to Commit an Offence or Merely to Escape Arrest?

 06 October 2020

It is certain that if nothing had been found on him, he could not have been ordered to give security under Section 109(a). A person cannot be bound down under this clause merely because he is afraid of arrest or because he is making a nuisance of him..

Posted in Others |   1478 hits

NAZ foundation v. Government of NCT of Delhi & Ors. (2009) - Criminalization of Consensual Gay Sex Violates Article 21

 06 October 2020

The case came up for hearing before a bench comprising Chief Justice Ajit Prakash Shah and Justice S. Muralidhar, and the judgment was delivered on 2 July 2009. The Court located the rights to dignity and privacy within the right to life and liberty ..

Posted in Others |   2730 hits

Joseph Shine v. UOI (2018) - Adultery No More A Criminal Offence

 06 October 2020

The judgement given by CJI Deepak Mishra started with the statements proving that wives are not the property of the husbands and husbands are not their masters...

Posted in Others |   785 hits

Hem Chand v. State of Haryana (1995) - Extreme Punishment in the Rarest of Rare Cases

 06 October 2020

On considering all the matters in detail the court observed for this case, it should be accepted that it was an unnatural death. Though the case rests on circumstantial evidence, the presumption under Section 113-B of the Evidence Act has rightly bee..

Posted in Others |   833 hits

Thakorlal D. Vadgama v. State of Gujarat (1973) - Scope of S. 366 IPC

 06 October 2020

On considering all the matters in detail the court took into consideration the circumstances in which the appellant and Mohini came close to each other and how he started to have given her presents and tried to be intimate with her. These circumstanc..

Posted in Others |   909 hits

Satish @ Subba v. State of UP (2020) - Premature Release can't be Denied on the Basis of Gravity of Original Crime or Length of Sentence

 05 October 2020

In a well-analysed, well-worded, well-framed, well-articulated and well-reasoned judgment titled Satish @ Sabbe vs. The State of Uttar Pradesh with Special Leave Petition (Crl.) No. 8326 of 2019 delivered as recently as on 30 September 2020, a thre..

Posted in Others |   618 hits

Teesta Chattoraj v. UOI (2011) - Consent of Natural Father for Giving Child in Adoption

 03 October 2020

The petition was dismissed leaving it open to the petitioner to comply with the objections raised by the RPO and to resubmit her application with the correct details, inter alia, with regard to her parentage. The parties were left to bear their respe..

Posted in Others |   2282 hits

Shrimati Asoka Mukherjee v. Gandhi Das (2002) - Evidence to Justify Suspicious Circumstances

 03 October 2020

In the absence of evidence of valid adoption, including proof of giving and receiving, and in the view of Sabitri Bala's subsequent conduct and that of defendant No. 1, he rejected his assertion of acceptance. In the matter of his supposed adoption b..

Posted in Others |   901 hits







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