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@2014 Indian law
 
   
Important Judgement Updates:
ILC-2015-SC-CRL-Feb-2 Delay in commencement and conclusion of trial is a factor to be taken into account and the accused cannot be kept in custody for indefinite period if trial is not likely to be concluded within reasonable time.              |              ILC-2015-SC-CRL-Feb-4 Justice must not only be done but must seem to have been done.              |              ILC-2015-SC-CRL-Feb-7 Even at the stage of framing of charge, the sufficiency of materials for the purpose of conviction is not the requirement and a prayer for discharge              |              ILC-2015-SC-CIVIL-Feb-8 Executive order - To initiate administrative inquiry - To enquire into the land holding records with a view to find out as to whether original land revenue records have been destroyed and fabricated              |              ILC-2015-SC-CIVIL-Jan-13 O 39 R 3A r/w O 43 of CPC - Appeal becomes maintainable because Rule 28 of the 1953 Rules provides for such appeal without any requirement that ordinarily it should be filed only after 30 days              |              ILC-2015-SC-CRL-Jan-9 The incident was a sudden fight and considering the injuries it cannot be said that the accused have taken undue advantage of the situation- The conviction of the appellants u/sec. 302/34 IPC is liable to be altered to one u/sec 304 Part I IPC.              |              ILC-2015-SC-CRL-Jan-13 Sec. 323 IPC - Conviction - Rs.50,000/- as compensation under Section 357(3) within two months by the surviving respondents- Since compensation is being directed to be paid.              |              ILC-2015-SC-CRL-Jan-1 The accused persons and the 6 material eye witnesses in this case are co-villagers, it is expected that at least three witnesses should be in a position to name individual accused persons for sustaining his conviction -It is found that there is doubt against participation of 5 accused.              |              ILC-2015-SC-CRL-Jan-4 There has been really no cross-examination of any of the witnesses that the letters were written under pressure of police - In the absence of cross-examination of the witness, barring a bald suggestion to PW-12, held that the appellant was the author of the letters and the same were not written under any pressure.              |              ILC-2015-SC-CRL-Jan-7 Culpable homicide is not a murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken undue advantage or acted in a cruel or unusual manner.              |              ILC-2015-SC-MAC-Jan-2 Compensation with interest at the rate of 9% p.a. from the date of filing of the application till the date of payment to the appellants.              |              ILC-2014-SC-CIVIL-Dec-4 No doubt, it may be permissible for the appellant to file a separate suit, but the beneficiary could certainly be held to be a proper party.              |              ILC-2014-SC-CRL-Dec-7 When once the trial Court finds that the evidence of a particular witness was unreliable and unbelievable, it cannot be accepted as a corroborative piece of evidence to prove the complicity of accused in the commission of the crime.              |              ILC-2014-SC-CRL-Dec-17 Sanction to Prosecute - Retired Public Servant - No sanction required for corruption case but required for case under IPC              |              ILC-2014-SC-CRL-Dec-19 Sexual Harassment - Sitting Judge of High Court - In-house Procedure - Directions issued              |              ILC-2014-SC-MAT-Dec-2 Once the matter was settled between the parties and the said settlement was given effect to in the form of divorce by mutual consent - No liberty was reserved by the wife to continue further proceedings against the husband.              |              ILC-2014-SC-MAT-Nov-4 If a false criminal complaint is preferred by either spouse it would invariably and indubitably constitute matrimonial cruelty, such as would entitle the other spouse to claim a divorce.              |              ILC-2014-SC-MAT-Nov-5 The alleged demand of gold karra about two months after the marriage cannot be said to constitute a proximate live link with the death of deceased and the conviction of the appellant under Section 304B IPC cannot be sustained.              |              ILC-2014-SC-CIVIL-Nov-3 No separate suit required to challenge compromise decree.              |              ILC-2014-SC-CIVIL-Nov-4 Since an appeal against the very same judgment and decree as was challenged in RFA No.296 of 2011 was already pending before the High Court, the High Court ought to have taken a more pragmatic view of the matter and condoned the delay in filing of the said appeal on such terms as it may it consider it proper.              |              ILC-2014-SC-CIVIL-Nov-5 The possession of which has already been taken by the State Government or any person duly authorized by the State Government in this behalf or by the competent authority, repeal of the principal Act shall not affect the same.              |              ILC-2014-SC-CIVIL-Nov-10 The bye laws of any specified society under the provisions of the Co-operative Societies Act cannot be permitted to prevail over the statutory Rule 3-A (8) & (9) of the Rules.              |              ILC-2014-SC-CRL-Nov-3 The source claimed by the complainant is savings from his salary and an amount of Rs.5 lakhs derived by him from sale of site No.45 belonging to him which neither pleaded in complaint nor in his chief-examination - The concerned sale deed was also not produced - Complainant did not produce bank statement to substantiate his claim.              |              ILC-2014-SC-CRL-Nov-4 Reduction in sentence Held that undue sympathy to impose inadequate sentence would do more harm to the justice system to undermine the public confidence in the efficacy of law.              |              ILC-2014-SC-MAT-Oct-3 That it is not mandatory for the Court in every case to award life imprisonment to the accused once he is found guilty of offence under Section 304-B IPC.              |              ILC-2014-SC-MAC-Sep-1 A vehicle on the public road without any registration offence punishable under Sec. 192 of the MV Act but also a fundamental breach of the terms and conditions of policy contract.              |              ILC-2014-SC-CIVIL-Aug-6 Order XLI Rule 27 (1)(b)of CPC to suggest that it is necessary to take the documents on record in the interest of justice.              |              ILC-2014-SC-MAT-Jul-6 No police arrest a person below the 7 years punishment like offence 498 A I.P.C and sec.3 of Dowry prohibition Act etc.              |              ILC-2014-SC-CIVIL-Jul-6 As the purchaser demolished the building pending suit, he is not entitled for the benefit of sec.108 B (e) and much more bared from claiming any benefits under it's proviso and as there is no possiblity to restore the possession.              |              ILC-2014-SC-CIVIL-Apr-5 In absence of challenge to the notice it was not open to the trial court to decide the title merely because permanent injunction coupled with declaration of title was also sought for.              |              ILC-2014-SC-CIVIL-Apr-15 Substantial question of law can be formulated at the initial stage and in some exceptional cases, at a later point of time, even at the time of argument stage such substantial question of law can be formulated provided the opposite party should be put on notice thereon and should be given a fair or proper opportunity to meet out the point.              |              ILC-2014-SC-CIVIL-Apr-19 As per sec. 36 the tenant is entitled to draw water and as per sec. 104(3) a tenant is conferred with all rights of ownership.              |              ILC-2014-SC-CRL-Apr-1 Legal Maxim - "judex damnatur cum nocens absolvitur" - a Judge is condemned when guilty person escapes punishment.              |              ILC-2014-SC-CRL-Mar-18 Registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and the Police officers are duty bound to register the same.              |              ILC-2014-SC-LA-Mar-2 It is the duty of the party to lead evidence in support of its case, in absence of which the court is not under a legal obligation to determine the market value merely as per the prayer of the claimant - Situation every claimant cannot claim the same rate of compensation.              |              ILC-2014-SC-CRL-Mar-7 Whether a criminal case in which a charge sheet has been filed by the local/state investigating agency can/should be referred to Central Bureau of Investigation for further investigation? - Held - Yes.              |              ILC-2014-SC-CRL-Mar-8 Severability of a dying declaration - When a person is on his or her death bed, there is no reason to state a falsehood but it is equally true that it is not possible to delve into the mind of a person who is facing death.              |              ILC-2014-SC-CRL-Feb-18 Section 354 of the IPC is, as of today, non-compoundable - But, as noticed by Supreme Court it was compoundable when the instant offence was committed with the permission of the court.              |              ILC-2014-SC-CRL-Feb-19 If two reasonable conclusions are possible on the basis of the evidence on record, the appellate court should not disturb the finding of acquittal recorded by the trial court.              |              ILC-2014-SC-CRL-Feb-8 NI Act Sec. 138 - Meaning of expression 'month'; whether it would mean only a period of 30 days and, consequently, whether 6 months would mean a period of 180 days - Period of 6 months could not be calculated on 30 days in a month basis.              |              ILC-2014-SC-CRL-Feb-12 Appeal against acquittal - Limits of interference by High Court - There was really no occasion for the High Court to have overturned the view of the Trial Court which was not only a reasonable view but a probable view of the events.              |              ILC-2014-SC-CRL-Feb-15 Under the provisions of Section 39(1)(iii) of the CrPC, 1973, every person who is aware of the commission of an offence under the Prevention of Corruption Act is duty bound to give an information available with him to the police.              |              ILC-2014-SC-CIVIL-Feb-2 An equitable relief - Court by a decree of specific performance compels the defaulting party to do that which in conscience he is bound to do, viz., actually and specifically to perform his contract.              |              ILC-2014-SC-CIVIL-Feb-5 Right to adopt a child - Till now restricted to Hindus, Buddhists and Jains - Extends to Muslims, Christians, Jews, Parsis and all other communities - Any person can adopt a child under the Juvenile Justice (Care and Protection of Children) Act 2000 irrespective of religion he or she follows and even if the personal laws of the particular religion does not permit it.              |              ILC-2014-SC-ARB-Feb-3 Arbitral Tribunal - Plea of jurisdiction - Not raised before it - Cannot be permitted to be raised for the first time in the Court.              |              ILC-2014-SC-MAC-Jan-5 Simply involvement of bus in accident cannot make respondent liable to pay compensation unless rash and negligent driving proved.              |              ILC-2014-SC-CIVIL-Jan-6 If two interpretations are possible, and if the action is not contumacious, a contempt proceeding would not be maintainable.              |              ILC-2014-SC-CRL-Jan-5 The word 'evidence' in Section 319 Cr.P.C. has to be broadly understood and not literally i.e. as evidence brought during a trial. A person not named in the FIR or a person though named in the FIR but has not been chargesheeted or a person who has been discharged can be summoned under Section 319 Cr.P.C              |              ILC-2014-SC-CRL-Jan-8 Jail Manual list does not mention Mobile phone or charger as one of the prohibited articles.              |              ILC-2014-SC-CRL-Jan-9 Language of art. 226 of Constitution does not permit such an action and once the Court finds no merits in the challenge              |              ILC-2014-SC-CRL-Jan-13 IPC Sec 406 - FIR as well as various invoices was produced - Allegations raised in FIR as well as documents, should not have quashed complaint.              |