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Indian case law by case name, citation, provision or legal issue, with the case summary, the judgment text where we hold it and the provisions it applies.
5,801–5,820 · Page 291 of 382
Supreme Court of India1 Feb 2012Full text
2012 INSC 62 · [2012] 1 S.C.R. 477
ROY FERNANDES v. STATE OF GOA AND ORS. 479 poles required for fencing were being dug in front of the A house of 'R', the daughter of 'R' raised objection and used harsh words against those engaged in digging the pits work. Within minutes, a van arrived on the spot carrying 5 persons including the appellant. The appella…
Supreme Court of India14 Dec 2012Full text
2012 INSC 619 · [2012] 13 S.C.R. 1189
Indian case law by case name, citation, provision or legal issue, with the case summary, the judgment text where we hold it and the provisions it applies.
5,801–5,820 · Page 291 of 382
Supreme Court of India1 Feb 2012Full text
2012 INSC 62 · [2012] 1 S.C.R. 477
ROY FERNANDES v. STATE OF GOA AND ORS. 479 poles required for fencing were being dug in front of the A house of 'R', the daughter of 'R' raised objection and used harsh words against those engaged in digging the pits work. Within minutes, a van arrived on the spot carrying 5 persons including the appellant. The appella…
Supreme Court of India14 Dec 2012Full text
2012 INSC 619 · [2012] 13 S.C.R. 1189
F Criminal proceedings were initiated against the appellant alleging that at the relevant time when he was posted as a Manager with the respondent-Bank, he entered into a conspiracy with the Regional manager of the Bank and an officer of Indian Administrative Service, G which caused pecuniary loss to the Bank. In the m…
Supreme Court of India14 Dec 2012Full text
2012 INSC 618 · [2012] 9 S.C.R. 1173
[2012] 9 S.C.R. 1173 LAHU KAMLAKAR PATIL AND ANR. A v. STATE OF MAHARASHTRA (Criminal Appeal No. 114 of 2008) DECEMBER 14, 2012 B [K. S. RADHAKRISHNAN AND DIPAK MISRA, JJ.] Penal Code, 1860 - ss. 302, 147, 148, 149 and 452 -Death of one person - Due to alleged assault with deadly weapons - Conviction of accused-appella…
Supreme Court of India14 Dec 2012Full text
2012 INSC 617 · [2012] 9 S.C.R. 1158
c Writ petition before High Court - Arising out of orders of revenue authorities with regard to settlement of land with landless persons for agricultural purposes - State authorities alleging the proceedings as forged and fabricated and also resisting the leases as not permissible under the provisions D of Orissa Commu…
Supreme Court of India14 Dec 2012Full text
2012 INSC 616 · [2012] 11 S.C.R. 1155
SENTENCE I SENTENCING: F Awarding of appropriate punishment - Taking into consideration the consequences of culpable act and its impact on other people - Principles from judicial pronouncements, culled out. G The appellant, a retail vendor, was one of the accused in the case of supply of spurious liquor, contaminated w…
Supreme Court of India14 Dec 2012Full text
2012 INSC 615 · [2012] 9 S.C.R. 1125
Allowing the appeal, the Court HELD: 1. The Interview Committee, Screening E Committee and the Investigation Officer assessed the three candidates in three different groups due to which the position. of the candidates changed in the merit list prepared by the Interview Commitstee, Screening Committee and the Investigat…
Supreme Court of India14 Dec 2012Full text
2012 INSC 614 · [2012] 9 S.C.R. 1117
Respondent no.1-Bank filed complaints alleging that the accused-appellants had obtained loans from it by pledging fake gold ornaments. The trial court acquitted G the appellants. Respondent no.1-Bank filed revision applications under Section 397 read with Section 401 CrPC . The High Court allowed the applications and 1…
Supreme Court of India14 Dec 2012Full text
2012 INSC 613 · [2012] 9 S.C.R. 1110
H 1110 RAM VISWAS v. STATE OF MADHYA PRADESH 1111 Dismissing the appeal, the Court A HELD: 1. It is seen from the FIR (Exh.P-4) that the accused-appellant was not happy with his married life and had frequent quarrels with the deceased. A perusal of the FIR further shows that on 03.02.1998, in the 8 midnight, when the a…
Supreme Court of India14 Dec 2012Full text
2012 INSC 612 · [2012] 9 S.C.R. 1141
- Besides, the order has been passed in order to avoid the G procedure of giving one month's notice as required under r.9(2) and, thus, is vitiated·by colourable exercise of power -Order of discharge is set aside - Respondent is entitled to be reinstated with all consequential benefits - Administrative Law 1141 H 1142 …
Supreme Court of India13 Dec 2012Full text
2012 INSC 611 · [2012] 11 S.C.R. 985
986 SUPREME COURT REPORTS [2012) 11 S.C.R. A Evidence: Discrepancies in inquest report - Held: Discrepancy has to be material and seriously affecting the prosecution case -Every minor and immaterial discrepancy would not prove fatal to the prosecution case - Inquest Report or the post mortem 8 report cannot be termed t…
Supreme Court of India13 Dec 2012Full text
2012 INSC 610 · [2012] 13 S.C.R. 981
- The evidence of injured witnesses were also corroborated by medical evidence and evidence of Investigating Officer -Other accused even if acquitted uls. 3021149 on account of lack of evidence for having pre-determined mind and for not F having been identified, appellant accused could be convicted uls. 302 as there wa…
Supreme Court of India1 Feb 2012Full text
2012 INSC 61 · [2012] 4 S.C.R. 287
288 SUPREME COURT REPORTS (2012] 4 S.C.R. A supply of goods from Ghaziabad (in India) to Dubai (in the United Arab Emirates), as an essential component of the offences allegedly committed by the accused, is relatable to the words "anything which has been done" used in s. 179 -Since the complainant-seller allegedly held…
Supreme Court of India13 Dec 2012Full text
2012 INSC 609 · [2012] 13 S.C.R. 971
- The ingredients necessary for passing order u/s. 145(1) would not automatically attract for attachment of property - G Case of emergency has to be distinguished from a mere case of apprehension of breach of peace - To infer a situation of emergency, there must be material on record before Magistrate. 971 H 972 SUPREM…
Supreme Court of India13 Dec 2012Full text
2012 INSC 608 · [2012] 11 S.C.R. 964
E The only contention raised before this Court on behalf of the appellant was that the prosecution case ought to fail for total non-compliance of the mandatory statutory provisions of Section 42(2) of the NDPS Act; and thus the accused was entitled…
Supreme Court of India13 Dec 2012Full text
2012 INSC 607 · [2012] 13 S.C.R. 949
- Supreme Court has jurisdiction to direct CBI inquiry in the matter - Review of a judgment is permissible on account of E error on the face of the record - Such error has to be decided in the facts of the case - An erroneous decision by itself does not warrant a review - The judgment under review does not suffer from …
Supreme Court of India13 Dec 2012Full text
2012 INSC 606 · [2012] 13 S.C.R. 901
- However, in case the contrary is proved, whether the version of the second FIR is different and they are in respect of two G different incidents/crimes, the second FIR is permissible. s.154 - FIR - Whether an accused entitled to hearing pre-registration of an FIR - Held: The scheme of CrPC does not 901 H 902 SUPREME …
Supreme Court of India13 Dec 2012Full text
2012 INSC 605 · [2012] 13 S.C.R. 880
[2012) 13 S.C.R. 880 A KRIS HAN V. STATE OF HARYANA (Criminal Appeal No. 766 of 2008) DECEMBER 13, 2012 B [SWATANTER KUMAR AND MADAN B. LOKUR, JJ.] Penal Code, 1860 - ss. 302, 498A and 109 - Prosecution under - Acquittal by trial court disbelieving the dying C declaration in view of the hostility of witnesses - High Co…
Supreme Court of India13 Dec 2012Full text
2012 INSC 604 · [2012] 12 S.C.R. 850
- Order of State Commission and High Court set aside. s.20(2) - Requirement and scope of- Held: Central or the State Commission have no jurisdiction to add to the E exhaustive grounds of default mentioned in the provisions of s.20(2) - The case of default must strictly fall within the specified grounds of the provision…
Supreme Court of India13 Dec 2012Full text
2012 INSC 603 · [2012] 11 S.C.R. 848
[2012] 11 S.C.R. 848 A BUDHI SINGH v. STATE OF H.P. (Criminal Appeal No. 1801 of 2009) DECEMBER 13, 2012 B [SWATANTER KUMAR AND MADAN B. LOKUR, JJ.] PENAL CODE, 1860. C s.300, Exception 1 and s. 304 (Part-1)-Death caused under grave and sudden provocation - Tests to be applied -Explained - Held: In the instant case, ke…
Supreme Court of India13 Dec 2012Full text
2012 INSC 602 · [2012] 11 S.C.R. 839
B Allowing the appeal, the Court HELD: 1. Initial appointment of respondent No.1 was not made on the basis of any advertisement in any newspapet whatsoever. Hence, applications for the post C were not invited. It is a settled legal proposition that considering the candidature of persons by mere calling of names from th…
Also on Law on Tips: Bare Acts · Legal news and analysis
F Criminal proceedings were initiated against the appellant alleging that at the relevant time when he was posted as a Manager with the respondent-Bank, he entered into a conspiracy with the Regional manager of the Bank and an officer of Indian Administrative Service, G which caused pecuniary loss to the Bank. In the m…
Supreme Court of India14 Dec 2012Full text
2012 INSC 618 · [2012] 9 S.C.R. 1173
[2012] 9 S.C.R. 1173 LAHU KAMLAKAR PATIL AND ANR. A v. STATE OF MAHARASHTRA (Criminal Appeal No. 114 of 2008) DECEMBER 14, 2012 B [K. S. RADHAKRISHNAN AND DIPAK MISRA, JJ.] Penal Code, 1860 - ss. 302, 147, 148, 149 and 452 -Death of one person - Due to alleged assault with deadly weapons - Conviction of accused-appella…
Supreme Court of India14 Dec 2012Full text
2012 INSC 617 · [2012] 9 S.C.R. 1158
c Writ petition before High Court - Arising out of orders of revenue authorities with regard to settlement of land with landless persons for agricultural purposes - State authorities alleging the proceedings as forged and fabricated and also resisting the leases as not permissible under the provisions D of Orissa Commu…
Supreme Court of India14 Dec 2012Full text
2012 INSC 616 · [2012] 11 S.C.R. 1155
SENTENCE I SENTENCING: F Awarding of appropriate punishment - Taking into consideration the consequences of culpable act and its impact on other people - Principles from judicial pronouncements, culled out. G The appellant, a retail vendor, was one of the accused in the case of supply of spurious liquor, contaminated w…
Supreme Court of India14 Dec 2012Full text
2012 INSC 615 · [2012] 9 S.C.R. 1125
Allowing the appeal, the Court HELD: 1. The Interview Committee, Screening E Committee and the Investigation Officer assessed the three candidates in three different groups due to which the position. of the candidates changed in the merit list prepared by the Interview Commitstee, Screening Committee and the Investigat…
Supreme Court of India14 Dec 2012Full text
2012 INSC 614 · [2012] 9 S.C.R. 1117
Respondent no.1-Bank filed complaints alleging that the accused-appellants had obtained loans from it by pledging fake gold ornaments. The trial court acquitted G the appellants. Respondent no.1-Bank filed revision applications under Section 397 read with Section 401 CrPC . The High Court allowed the applications and 1…
Supreme Court of India14 Dec 2012Full text
2012 INSC 613 · [2012] 9 S.C.R. 1110
H 1110 RAM VISWAS v. STATE OF MADHYA PRADESH 1111 Dismissing the appeal, the Court A HELD: 1. It is seen from the FIR (Exh.P-4) that the accused-appellant was not happy with his married life and had frequent quarrels with the deceased. A perusal of the FIR further shows that on 03.02.1998, in the 8 midnight, when the a…
Supreme Court of India14 Dec 2012Full text
2012 INSC 612 · [2012] 9 S.C.R. 1141
- Besides, the order has been passed in order to avoid the G procedure of giving one month's notice as required under r.9(2) and, thus, is vitiated·by colourable exercise of power -Order of discharge is set aside - Respondent is entitled to be reinstated with all consequential benefits - Administrative Law 1141 H 1142 …
Supreme Court of India13 Dec 2012Full text
2012 INSC 611 · [2012] 11 S.C.R. 985
986 SUPREME COURT REPORTS [2012) 11 S.C.R. A Evidence: Discrepancies in inquest report - Held: Discrepancy has to be material and seriously affecting the prosecution case -Every minor and immaterial discrepancy would not prove fatal to the prosecution case - Inquest Report or the post mortem 8 report cannot be termed t…
Supreme Court of India13 Dec 2012Full text
2012 INSC 610 · [2012] 13 S.C.R. 981
- The evidence of injured witnesses were also corroborated by medical evidence and evidence of Investigating Officer -Other accused even if acquitted uls. 3021149 on account of lack of evidence for having pre-determined mind and for not F having been identified, appellant accused could be convicted uls. 302 as there wa…
Supreme Court of India1 Feb 2012Full text
2012 INSC 61 · [2012] 4 S.C.R. 287
288 SUPREME COURT REPORTS (2012] 4 S.C.R. A supply of goods from Ghaziabad (in India) to Dubai (in the United Arab Emirates), as an essential component of the offences allegedly committed by the accused, is relatable to the words "anything which has been done" used in s. 179 -Since the complainant-seller allegedly held…
Supreme Court of India13 Dec 2012Full text
2012 INSC 609 · [2012] 13 S.C.R. 971
- The ingredients necessary for passing order u/s. 145(1) would not automatically attract for attachment of property - G Case of emergency has to be distinguished from a mere case of apprehension of breach of peace - To infer a situation of emergency, there must be material on record before Magistrate. 971 H 972 SUPREM…
Supreme Court of India13 Dec 2012Full text
2012 INSC 608 · [2012] 11 S.C.R. 964
E The only contention raised before this Court on behalf of the appellant was that the prosecution case ought to fail for total non-compliance of the mandatory statutory provisions of Section 42(2) of the NDPS Act; and thus the accused was entitled…
Supreme Court of India13 Dec 2012Full text
2012 INSC 607 · [2012] 13 S.C.R. 949
- Supreme Court has jurisdiction to direct CBI inquiry in the matter - Review of a judgment is permissible on account of E error on the face of the record - Such error has to be decided in the facts of the case - An erroneous decision by itself does not warrant a review - The judgment under review does not suffer from …
Supreme Court of India13 Dec 2012Full text
2012 INSC 606 · [2012] 13 S.C.R. 901
- However, in case the contrary is proved, whether the version of the second FIR is different and they are in respect of two G different incidents/crimes, the second FIR is permissible. s.154 - FIR - Whether an accused entitled to hearing pre-registration of an FIR - Held: The scheme of CrPC does not 901 H 902 SUPREME …
Supreme Court of India13 Dec 2012Full text
2012 INSC 605 · [2012] 13 S.C.R. 880
[2012) 13 S.C.R. 880 A KRIS HAN V. STATE OF HARYANA (Criminal Appeal No. 766 of 2008) DECEMBER 13, 2012 B [SWATANTER KUMAR AND MADAN B. LOKUR, JJ.] Penal Code, 1860 - ss. 302, 498A and 109 - Prosecution under - Acquittal by trial court disbelieving the dying C declaration in view of the hostility of witnesses - High Co…
Supreme Court of India13 Dec 2012Full text
2012 INSC 604 · [2012] 12 S.C.R. 850
- Order of State Commission and High Court set aside. s.20(2) - Requirement and scope of- Held: Central or the State Commission have no jurisdiction to add to the E exhaustive grounds of default mentioned in the provisions of s.20(2) - The case of default must strictly fall within the specified grounds of the provision…
Supreme Court of India13 Dec 2012Full text
2012 INSC 603 · [2012] 11 S.C.R. 848
[2012] 11 S.C.R. 848 A BUDHI SINGH v. STATE OF H.P. (Criminal Appeal No. 1801 of 2009) DECEMBER 13, 2012 B [SWATANTER KUMAR AND MADAN B. LOKUR, JJ.] PENAL CODE, 1860. C s.300, Exception 1 and s. 304 (Part-1)-Death caused under grave and sudden provocation - Tests to be applied -Explained - Held: In the instant case, ke…
Supreme Court of India13 Dec 2012Full text
2012 INSC 602 · [2012] 11 S.C.R. 839
B Allowing the appeal, the Court HELD: 1. Initial appointment of respondent No.1 was not made on the basis of any advertisement in any newspapet whatsoever. Hence, applications for the post C were not invited. It is a settled legal proposition that considering the candidature of persons by mere calling of names from th…
Also on Law on Tips: Bare Acts · Legal news and analysis