The apex court observed that a certificate cannot be granted under Article 134(1)(c) of the Constitution if the High Court is in doubt about 'the facts. If there is doubt in the minds of the learned Judges about the facts, their duty is to acquit and..
In an interesting, fresh and significant development, the Supreme Court in a latest, landmark and laudable judgment titled Navin Chandra Dhoundiyal vs. State of Uttarakhand in Civil Appeal No. 3493/2020 (Arising out of SLP (C) No. 10943/2020) along w..
In a recent, remarkable and righteous decision titled Saravanan vs. State represented by the Inspector of Police in Criminal Appeal Nos. 681-682 of 2020 (Arising from S.L.P. (Criminal) Nos. 4386-4387 of 2020) delivered on October 15, 2020, the three-..
The court held that Section 149 IPC has two essential ingredients: i. offence committed by any member of an unlawful assembly consisting of five or more members ii. such offence must be committed in prosecution of the common object of the assembly ..
The Court held that Mistake of fact does not stand as a defense to a crime where the statute making the act a crime contains no requirement of knowledge of that fact to begin with. In this case the forbidden act is wrong in itself and the legislature..
The jury reached a verdict of not guilty by reason of insanity. Also, itheld that “every man is presumed sane and to possess a sufficient degree of reason to be responsible for his crimes. Therefore, in order to establish an insanity defense, it must..
The court held that under section 86 it has to be proved that in spite of drunkenness the person had the intention to commit the act forbidden by law or that he had the knowledge that on committing the said act, it will result in the death of the per..
The Court refused to accept the argument urged by the counsel of the Appellants, Mr.Sawhney, that the test adopted by the High Court in dealing with the question of sentence is mechanical and unreasonable. ..
In the judgment of the case - Mohd. Anwar v. The State (N.C.T. of Delhi), delivered on August 19, 2020, a 3-judge bench of the Supreme Court, consisting of Justices N.V.Ramana, S. Abdul Nazeer and Surya Kant, has clarified that pleas of unsoundness o..
In a well-reasoned, well-analysed, well-balanced and well-articulated judgment, a two Judge Bench of the Himachal Pradesh High Court comprising of Justice Tarlok Singh Chauhan and Justice Jyotsna Rewal Dua in Sheela Suryavanshi v. State of H.P. & ..
It is most refreshing, most reassuring and most remarkable that the Madras High Court has just recently on 13 August 2020 in a well-reasoned, well-articulated, well-worded, well-analyzed and well-balanced judgment titled Jamuna Vs 1. The Secretary t..
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..
Court, in conclusion, held that Prem Chand has been tortured illegally and the Superintendent cannot absolve himself from responsibility even though he may not directly be a party. The supreme court directed the Superintendent to ensure that no corpo..
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..
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...
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..
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..
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..
The International Tribunal for the Laws of the Sea ruled that the documentation presented on behalf of the Grand Prince failed to establish that Belize was the flag state of the vessel when it submitted its Application Form. This Tribunal stated that..
The Supreme Court held that "the writ petition under Article 32 is maintainable only against a state defined under Article 12 of the Constitution and hence maintainable though BCCI is not a State within the meaning of Article 12."..
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