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Others Judiciary

Darga Ram @ Gunja v. State of Rajasthan (2015) - Juvenility on the Date of the Commission of Offence

 03 October 2020

The Supreme Court held that the appellant was a juvenile at the time of the occurrence of offence no matter the offence committed by him is heinous and as such he is entitled to the benefit of Juvenile Justice (Care and Protection of Children) Act, 2..

Posted in Others |   1825 hits

Smt. Shanti v. State of Haryana (1991) - S. 304B & 498A IPC not Mutually Exclusive

 03 October 2020

The Apex Court observed that the view of the High Court that Sections 304-B and 498-A Indian Penal Code are mutually exclusive is not correct. Sections 304-Band 498-A cannot be held to be mutually exclusive. ..

Posted in Others |   2481 hits

Is the offence of destroying the evidence punishable under Section 201 of IPC and connected with offence of Section 313 of IPC

 03 October 2020

The court observed that miscarriage punishable under Section 313 of the IPC cannot be necessarily said to be connected with rape..

Posted in Others |   683 hits

SC upheld the constitutionality of Death Penalty under Section 302 of the Indian Penal Code and Section 354(3) of the Code of Criminal Procedure

 30 September 2020

The Supreme Court upheld the constitutional validity of death penalty for murder in Section 302, Indian Penal Code, 1860 and the procedure in Section 354(3), Code of Criminal Procedure, 1973 while dismissing the challenges pertaining to the span>cons..

Posted in Others |   1284 hits

Whether the offence committed by the petitioner fell under section 302 of the IPC or section 304 of the IPC having regard to the provisions of section 86 of the Indian Penal Code

 30 September 2020

In section 86 of the IPC the first part speaks of intent or knowledge, the latter part deals only with knowledge which raised a certain element of doubt.So the court referred to various precedents of English Courts as to whether the intent is also pr..

Posted in Others |   642 hits

Whether the offence committed by the petitioner fell under section 302 of the IPC or section 304 of the IPC having regard to the provisions of section 86 of the Indian Penal Code

 30 September 2020

In section 86 of the IPC the first part speaks of intent or knowledge, the latter part deals only with knowledge which raised a certain element of doubt.So the court referred to various precedents of English Courts as to whether the intent is also pr..

Posted in Others |   518 hits

Whether there was a presence of dishonest intention to constitute theft

 30 September 2020

The court observed that the commission of theft requires: the absence of the person's consent at the time of moving the property the presence of dishonest intention at that time..

Posted in Others |   666 hits

On considering all the matters in detail the two judges came up with concurring but separate judgments

 30 September 2020

The National Charter for Children, 2003 recognized that child marriage is a crime and an atrocity committed against the girl child. Following the charter the National Policy for Children was notified on 2013 and it states that every person below the ..

Posted in Others |   474 hits

Obtaining consent by putting fear of death or hurt For criminal trial, the onus is on the prosecution to prove all the ingredients of an offence

 30 September 2020

Supreme Court reversed the order of the High Court and the conviction recorded against it as well, as the sentences imposed upon the appellants by it were set aside..

Posted in Others |   522 hits

Writ petition seeking directions for inquiry against forced prostitution, Devadasi and Jogin Traditions and Rehabilitation of the victims

 30 September 2020

The Court responded saying that the matter is of great importance warranting a comprehensive and searching analysis and requiring a humanistic rather than a purely legalistic approach from different angles. The questions involved cause considerable a..

Posted in Others |   664 hits

The Trial Court had acquitted the offenders for the offenses under the sections 363, 366, 368 and 376

 30 September 2020

The Court opined that according to the evidence act, corroborative evidence is not essential component in every case of rape and is only used as a guidance paradigm and not as substantive law in judicial proceedings. The prosecutrix of a sexual offen..

Posted in Others |   813 hits

Culpable homicide is murder if the act by which the death is caused is done with the intentions of causing bodily injury to any Person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death

 30 September 2020

The Court carefully examined all the evidences and heard the testimonies of all the witnesses and then came to he conclusion. The Court held that, the act of appellant in poring acid on the body was preplanned and he intended to cause the injury whic..

Posted in Others |   575 hits

If two separate charges of Wrongful Confinement can be imposed at the same time

 30 September 2020

The sentence imposed on petitioners was enhanced and each of the petitioners was sentenced to suffer S.I. for two months, in addition to the fine already imposed...

Posted in Others |   486 hits

Deals with legitimacy of children arising out of void and voidable marriages

 21 September 2020

Relationship between the parents may not be sanctioned by law but the birth of a child in such relationship has to be viewed independently of the relationship of the parents. ..

Posted in Others |   1521 hits

The court defined principles for grant of temporary injunctions

 18 September 2020

The court held that whether there existed a concluded contract or not is a matter for trail to be decided on basis of evidence. In the present case, if the defendant claimed a concluded contract, it is on him to prove that there was a concluded agree..

Posted in Others |   645 hits

Grant of ad interim injunction

 18 September 2020

The Supreme Court decided to set aside Division Bench orders, giving Hammad Ahmed green light to temporarily run the affairs of Hamdard until the main suit is decided by the Delhi High Court. ..

Posted in Others |   888 hits

Case Analysis of: Rajendran and others vs Shanakr Sundaram and others

 16 September 2020

The appeal was dismissed, and order as to costs...

Posted in Others |   914 hits

Profit on sale of investment by insurance companies not applicable to tax

 16 September 2020

AO was held to have erred in adding back the said loss in the computation of the Assessee's income...

Posted in Others |   592 hits

Purpose of Order 38 Rule 1 was decided

 16 September 2020

Court finds no force in the writ petition and it is dismissed...

Posted in Others |   1855 hits

Should the decree be set aside

 15 September 2020

Inherent powers are to be exercised by the Court in very exceptional circumstances for which the Code lays down no special procedures. Rule 4, Order 37 expressly gives power to a court to set aside a decree under the provisions of the Order. If the c..

Posted in Others |   520 hits