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Judgments and Orders

IPC [S.302] - Mitigating factors and Death sentence - Santosh Kumar Singh vs. State through CBI (2010) 9 SCC 747

 13 May 2020

The Court identified that when a decision with regard to sentencing is to be chosen between death sentence and life imprisonment, the philosophy underlying “rarest of the rare” principle only demands the imposition of a lesser punishment. The Bench g..

Posted in Others |   1972 hits

Jessica Lal Murder Case

 12 May 2020

In the light of the above discussion, on 19 April 2010 the court held that the prosecution has established its case beyond doubt against the appellants and were in agreement with the conclusion arrived at by the High Court...

Posted in Others |   2161 hits

Conviction of the appellant under section 363 of the Indian Penal Code

 12 May 2020

The court was satisfied, upon the material on record, that no offence under S. 363 had been established against the appellant and that he is, therefore, entitled to acquittal. Accordingly they allowed the appeal and set aside the conviction and sente..

Posted in Others |   1197 hits

Death sentence for Jisha's murder convict

 12 May 2020

The court held Ameerul guilty of rape and murder under Section 302,376 and 376A of the Indian Penal Code. The neighbor’s testimony, mobile location of Ameerul at the time of murderd, DNA reports and blood samples played an essential role in the inves..

Posted in Criminal Law |   2556 hits

Analysis of judgement delivered on virtual currency

 11 May 2020

The bench consisted of Hon. Justice Rohinton Fali Nariman, Aniruddha Bose and V. Ramasubramanian has observed that the consistent stand of RBI is that they have not banned VCs and when the Government of India is unable to take a call despite several ..

Posted in Corporate Law |   1987 hits

Consensual Physical Relationship is not Rape

 11 May 2020

Short issue before the Hon’ble Supreme Court was whether the consent as alleged by the complainant in the above-mentioned facts was an result of misconception of fact i.e the consent was obtained by false promise of marriage or whether the consent wa..

Posted in Criminal Law |   1524 hits

Section 304, IPC: Causing death by negligence

 11 May 2020

It was opined that after examining all the medical papers accompanying the complaint, it was found that no case of recklessness or gross negligence had been made out against the doctor to compel him to face the trial for offence under section 304A of..

Posted in Others |   1381 hits

Whether the emissions generated from industries are air pollutants having destructive effect on Taj and people living in TTZ

 09 May 2020

The Hon’ble court after observing reports given by various technical authorities like the Varadharajan Committee and The Central Board for the prevention and Control of Water Pollution, held that the emissions generated by the coke/coal consuming ind..

Posted in Others |   896 hits

How can dishonest intention and unlawful means be determined u/s 378 of IPC?

 09 May 2020

After considering the evidences and conclusions in previous trials, the Court could not establish that the Trial Courts or the High Court were wrong in holding the case against the appellant. Implied consent for the trainer to fly an aircraft do not ..

Posted in Others |  1 comments |   1150 hits

Sexual Harassment at workplace

 09 May 2020

Bhanwari Devi who was a social activist / worker in one village in Rajasthan. She was employed under a rural social development program which worked to stop child marriages in the village and this social program was administered / initiated by the st..

Posted in Others |   1200 hits

Execution of Delhi rape case convicts

 09 May 2020

The court held Mukesh Singh, Vinay Sharma, Akshay Thakur and Pawan Gupta guilty for rape, murder, destroying evidences and unnatural offence of the girl based on the testimony of the male companion and medical reports of the victim. Ram Singh, the pr..

Posted in Others |   1060 hits

Rape cases that shook India

 08 May 2020

The court held Sanji Ram, Parvesh Kumar and Deepak Khajuria guilty for rape and abduction of an 8 year old girl under Section 120B, 376 and 302 of the Indian Penal Code and sentenced a lifetime imprisonment for all the 3 accused. Deepak Khajuria was..

Posted in Criminal Law |   2845 hits

Thomson Reuters and the Indian copyright infringement matter

 08 May 2020

Legal research giant Thomson Reuters has filed a lawsuit against legal research start-up ROSS Intelligence alleging that it surreptitiously stole content from Westlaw to build its own competing legal research product. Thomson Reuters lawsuit against ..

Posted in Others |   987 hits

DV Act S. 2(q) - Case Law - Females can be respondents in DV complaints - Sandhya Wankhede vs. Manoj Bhimrao Wankhede and others (2011) 3 SCC 650

 08 May 2020

Although the main body of Section 2(q) expressly states that a respondent is an “adult male person”, the proviso widens the scope of proceedings by stating that an aggrieved wife or female living in a relationship in the nature of marriage can file a..

Posted in Others |   3907 hits

DV Act S. 2(f) - Case Law - Possibility of legal marriage is a necessary condition for a domestic relationship - Reshma Begum vs. State of Maharashtra and another

 07 May 2020

An analysis of SC judgments in Veluswamy case [AIR 2011 SC 479] and IndraSarma case [AIR 2014 SC 309] reveals that not all live-in relationships are to be deemed as a “relationship in the nature of marriage” u/s 2(f) of the DV Act. The wider interpre..

Posted in Family Law |   1769 hits

Whether Respondents were liable for pollution caused by sinking of ship and oil spill in Territorial Water of country

 07 May 2020

The Tribunal held that Respondents 5,6,7 and 11 were negligent and the element of Mens rea could be traced as the Respondents did not follow the Principle of Due Diligence pre-voyage and they directed the ship to continue its voyage even though one o..

Posted in Others |   1160 hits

IPC, 1860 - Case Law - Section 375 - Tuka Ram & Anr. vs. State of Maharashtra

 07 May 2020

Supreme Court overturned HC’s decision of convicting the men on the grounds that the HC had erred in accepting the argument of “passive submission” as there was no fear or apparent threat. Supreme Court further added that since “no marks of injury” w..

Posted in Others |   899 hits

Abolition of jury trials in India

 06 May 2020

Whether Mr. K M Nanavati is liable for the charges framed against him under Section 302 and 304A of the Indian Penal Code for murder of his wife’s paramour?..

Posted in Others |   892 hits

The first instance of arrest under Section 67 of the IT Act

 06 May 2020

In a landmark judgment, the first conviction under Section 67 (obscene material in electric form) of the IT Act, Mr.Suhas Katti was held liable to all the crimes and was sentenced to punishment for 2 years of rigorous imprisonment with a fine of Rs. ..

Posted in Others |  1 comments |   1056 hits

Judgement Analysis of Vikas Garg and Ors. Vs State of Haryana (The OP Jindal Rape Case)

 06 May 2020

The Judge lays emphasis on the fact that the survivor did not initially report the accused to the college authorities or her parents and they just assume that is necessary to reveal everything to one’s parents and completely ignore the reason that th..

Posted in Others |   3111 hits