The Complete Supreme Court Annual Digest- 2023 [Part-XIV]
7 months, 2 weeks ago

The Complete Supreme Court Annual Digest- 2023 [Part-XIV]

Live Law  

Municipal Corporation Act Municipal Corporation Act - Delhi Municipal Corporation Regulations - These provisions make it abundantly clear that the election of the Mayor has to be held first. Mina Pun v. State of U.P., 2023 LiveLaw 724 Narcotic Drugs and Psychotropic Substances Act, 1985 - Conviction liable to be set aside if samples weren't drawn in magistrate's presence as per Section 52A. Simarnjit Singh v. State of Punjab, 2023 LiveLaw 570 Narcotic Drugs and Psychotropic Substances Act, 1985 - In case of prolonged incarceration, liberty will override embargo under Section 37 : Supreme Court grants bail. Hasubhai Kamabhai Thakor v. State of Gujarat, 2023 LiveLaw 354 Narcotic Drugs and Psychotropic Substances Act, 1985; Section 37 – Effect of delay in trial – Grant of bail on ground of undue delay in trial not fettered by Section 37 – Imperative of Section 436A of Code of Criminal Procedure Act – Requires inter alia the accused to be enlarged on bail if the trial is not concluded within specified periods – Applicable to offences under the NDPS Act – Held, special conditions as enacted under Section 37 can only be considered within constitutional parameters when the court is reasonably satisfied on a prima facie look at the material on record that the accused is not guilty – A plain and literal would effectively exclude grant of bail altogether - Further held, appellant deserves to be enlarged on bail – Appeal allowed. Shiva Kumar @ Shiva @ Shivamurthy v. State of Karnataka, 2023 LiveLaw 252 : AIR 2023 SC 1774 Penal Code, 1860; Section 84 - Evidence Act, 1872; Section 105 - The burden of proving the existence of circumstances so as to bring the case within the purview of Section 84 IPC lies on the accused in terms of Section 105 of the Evidence Act; and where the accused is charged of murder, the burden to prove that as a result of unsoundness of mind, the accused was incapable of knowing the consequences of his acts is on the defence, as duly exemplified by illustration to the said Section 105 of the Evidence Act - The mandate of law is that the Court shall presume absence of the circumstances so as to take the case within any of the General Exceptions in IPC.

Rajasthan Karnataka Odisha Delhi Supreme Court Maharashtra Gujarat Criminal Procedure Natural Justice Haryana Courts Case Telangana Criminal Conspiracy Tribunal State That Offence Accused Ipc Punjab Muslim Singh Fir Supreme Jain Act Balwinder Singh Municipal Corporation Ngt Chhattisgarh Madhya Pradesh Himachal Pradesh Unlawful Assembly Murder Case Magistrate Pankaj Singh Crpc Ndps Act Livelaw Section 482 Yusuf Union Of India Section 50 Life Imprisonment Section 37 Section 25 Section 138 Section 139 Section 84 Psychotropic Substances Prolonged Incarceration Vinod Kumar Reasonable Doubt Section 34 Mohd Para 13 Para 10 His Act Primary Evidence This Right Penal Code Para 5 Para 7 Para 17 Original Jurisdiction Section 52A Common Intention Nanhe Narcotics Control Bureau Section 86 Section 53 Territorial Jurisdiction Partition Suit Section 149 Mbl Shiva Kumar Digest 2023 Vicarious Liability Maghavendra Pratap Singh Fixed Term Sentence Several Persons Seized Narcotic Drugs Section 141 Section 34 Ipc Ranjan Kumar Chadha Court Para Section 3H Supreme Court Grants Simarnjit Singh Principal Civil Court Rabi Prakash Singrauli Super Thermal Power Station District Magistrate Mau  court  para  sc  state  act  case  partxiv  v  digest  2023  accused  livelaw  annual  supreme  complete

History of this topic

Attempt To Murder Case Can Be Settled After Filing Of Final Report Upon Considering Nature Of Injuries Sustained: Kerala High Court
2 days, 12 hours ago

Attempt To Murder Case Can Be Settled After Filing Of Final Report Upon Considering Nature Of Injuries Sustained: Kerala High Court

Live Law  

The Kerala High Court has reiterated that an attempt to murder case under IPC Section 307 can be settled between the accused and complainant after filing Final Report if the prosecution materials do not suggest commission of the said offence and after considering the injuries sustained to the victim. “ In view of the above legal position, settlement of cases …

Subsequent Change Of Law By Itself Not A Ground To Reverse Acquittal : Supreme Court
4 days, 12 hours ago

Subsequent Change Of Law By Itself Not A Ground To Reverse Acquittal : Supreme Court

Live Law  

The Supreme Court recently ruled that a delay condonation application with an appeal against an acquittal cannot be allowed because the prosecution's case is supported by a subsequent change of law. Bhatti heard the criminal appeal filed against the Kerala High Court's decision allowing the State's plea against the appellant's acquittal because a subsequent judgment of the Supreme Court favored …

Kerala High Court Weekly Round-Up: December 09 - December 15, 2024
1 week ago

Kerala High Court Weekly Round-Up: December 09 - December 15, 2024

Live Law  

Nominal Index Manoj George v State of Kerala, 2024 LiveLaw 782 Manohari R v The Deputy Tahsildar, 2024 LiveLaw 783 DBS Bank India Ltd v The State of Kerala and Others, 2024 LiveLaw 784 M Shammy Kumar v State of Kerala & Connected Matter, 2024 LiveLaw 785 Nishad Padinjare Peediyekkal V Hyderiyya Masjid Mahall Committee, 2024 LiveLaw 786 State Bank …

Kerala High Court Suspends Sentence Of Man Accused Of Involvement In "Cutting Hand" Of Professor For Allegedly Insulting Prophet Mohammad
1 week, 3 days ago

Kerala High Court Suspends Sentence Of Man Accused Of Involvement In "Cutting Hand" Of Professor For Allegedly Insulting Prophet Mohammad

Live Law  

The Kerala High Court on Thursday suspended the sentence of M K Nasar who was convicted to life imprisonment by the Special Court of Trial of NIA Cases for chopping the hands of Professor T J Joseph. While suspending the sentence and granting bail to the accused, the Court observed thus: “The applicant has been undergoing incarceration, at the pre-conviction …

Supreme Court Weekly Round-up: December 02, 2024 To December 08, 2024
2 weeks ago

Supreme Court Weekly Round-up: December 02, 2024 To December 08, 2024

Live Law  

Index Citations Ashok v. State of Uttar Pradesh, Criminal Appeal No. Case Details: Irfan Khan v. State Citation: 2024 LiveLaw 945 The Supreme Court quashed the Arms Act case against the person accused of possessing a buttondar knife. Setting aside the High Court's decision, Mehta J. in the judgment observed that "the notification whereby, a buttondar knife having blade dimensions …

Supreme Court Monthly Round-up: November 2024
2 weeks, 6 days ago

Supreme Court Monthly Round-up: November 2024

Live Law  

Index Citations Manish Kumar Rai v. Union of India & Ors. Case Details: Nabha Power Ltd and another v. Punjab State Power Corporation Ltd. Citation: 2024 LiveLaw 861 The Supreme Court held that a press release issued by the Government of India about certain changes in the mega power policy did not constitute 'law' and 'change in law' in terms …

Supreme Court Weekly Round-up: November 25, 2024 To December 01, 2024
Trending News
3 weeks ago

Supreme Court Weekly Round-up: November 25, 2024 To December 01, 2024

Live Law  

Index Citations M/S Ajay Protech Pvt. Case Details: State of Karnataka v. Chandrasha Criminal Appeal No.2646 Of 2024 Citation: 2024 LiveLaw 926 While convicting a government servant for taking a bribe of Rs.2000, the Supreme Court observed that it was not necessary for the amount involved to be substantial to draw the presumption under Section 20 of the Prevention of …

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr
1 month ago

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr

Live Law  

The Supreme Court on Wednesday restored the criminal proceedings initiated against Kerala MLA and former Minister Antony Raju over alleged tampering of underwear evidence in a drugs case conducted by him as a junior lawyer in 1990.A bench of Justices CT Ravikumar and Sanjay Karol held that the Kerala High Court erred in holding that the criminal proceedings were barred …

Duty Of Court To Restore Litigant For Loss Suffered Due To Negligence Of Court: Kerala HC
3 months, 1 week ago

Duty Of Court To Restore Litigant For Loss Suffered Due To Negligence Of Court: Kerala HC

Live Law  

The Kerala High Court has observed that the concept of restitution of the litigant for the loss suffered due to negligence of the court is a fundamental principle of Indian Judiciary and Jurisprudence. This principle follows the legal maxim of Actus Curiae Neminem Gravabit which means that 'an act of Court shall prejudice no-one', that is, if a litigant suffers …

Supreme Court Stays Execution Of Death Penalty Given To Man For Rape-Murder Of Law Student In Kerala
5 months ago

Supreme Court Stays Execution Of Death Penalty Given To Man For Rape-Murder Of Law Student In Kerala

Live Law  

The Supreme Court on Tuesday stayed the execution of the death sentence given to Muhammed Ameer-Ul Islam, a migrant labourer from Assam, for committing the rape and murder of a law student in Perumbavoor on April 28, 2016.A bench comprising Justices BR Gavai, Sanjay Karol and KV Viswanathan, considering the appeal filed by the convict against the Kerala High Court's. …

Dr. Subbiah murder case | Madras High Court sets aside death sentence imposed on seven, and life sentence imposed on two others
6 months, 1 week ago

Dr. Subbiah murder case | Madras High Court sets aside death sentence imposed on seven, and life sentence imposed on two others

The Hindu  

The Madras High Court on Friday, June 14, 2024, set aside the conviction and death sentence imposed by a trial court on seven individuals as well as the life sentence imposed on two others, in connection with the 2013 sensational murder of neurosurgeon S.D. Ramesh and Sunder Mohan allowed the nine criminal appeals and acquitted the appellants P. Ponnusamy, his …

Kerala HC upholds death sentence in 2016 rape and murder of law student
7 months ago

Kerala HC upholds death sentence in 2016 rape and murder of law student

Hindustan Times  

The Kerala high court on Monday upheld the death sentence given by a trial court to Muhammed Ameer ul-Islam, the lone convict in the 2016 rape and murder of a 30-year-old law student in Ernakulam district of the state. Kerala HC upholds death sentence in 2016 rape and murder of law student The accused, then 22 years old and a …

Kerala: Life imprisonment for Shyamjith in Vishnupriya murder case
7 months, 1 week ago

Kerala: Life imprisonment for Shyamjith in Vishnupriya murder case

New Indian Express  

KANNUR: The Thalassery Additional District Court on Monday awarded life sentence to M Shyamjith in the Vishnupriya murder case. Moreover, Justice AV Mrudula sentenced the convict to ten years imprisonment and slapped a fine of Rs 2 lakh for house-trespass in order to kill Vishnupriya. Vishnupriya was engaged on a video call with her male friend when Shyamjith barged into …

The Complete Supreme Court Annual Digest- 2023 [Part-IX]
8 months ago

The Complete Supreme Court Annual Digest- 2023 [Part-IX]

Live Law  

CRZ Notification CRZ Notification 2011: Storage facility for edible oil not allowed outside port area; Supreme Court affirms quashing of post-facto clearance. High Court Bar Association v. Union of India, 2023 LiveLaw 276 : 2 SCC 536 Supreme Court affirms mandatory e-filing in DRTs & DRATs, says other courts should replicate it. Subhash Desai v. Principal Secretary, Governor of Maharashtra, …

Supreme Court Weekly Round-Up (1st April-06 April, 2024)
8 months, 2 weeks ago

Supreme Court Weekly Round-Up (1st April-06 April, 2024)

Live Law  

With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. Supreme Court Stays Allahabad HC Judgment Striking Down UP Board Of Madarsa Education Act, Prima Facie Says HC Misconstrued Act Case Title : …

Kerala High Court Monthly Digest: March 2024 [Citations: 146-210]
8 months, 3 weeks ago

Kerala High Court Monthly Digest: March 2024 [Citations: 146-210]

Live Law  

Nominal Index Ahammedkutty Bran v Sukumaran 2024 LiveLaw 146 B. v State of Kerala 2024 LiveLaw 147 Manuja Mythri v Advocate T K Ajan 2024 LiveLaw 148 Dr.Navaneeth K.Unni v State Represented By Public Prosecutor 2024 LiveLaw 149 State of Kerala v. Kuniyil Shanoob and ors 2024 LiveLaw 150 Manoj v. State of Kerala 2024 LiveLaw 151 Firos C.A. Kerala …

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC
9 months, 3 weeks ago

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC

Live Law  

The Karnataka High Court has observed that Courts should be very conscious and unless it is satisfied that the material evidence placed before it warrants exercise of power under Section 216, the powers under Section 216 of Cr.P.C. Unless the Courts dispense with such procedures which are totally unnecessary and causes no prejudice to the parties if they are dispensed …

Chandrasekharan murder case: Kerala HC upholds conviction of 12 accused
10 months ago

Chandrasekharan murder case: Kerala HC upholds conviction of 12 accused

Hindustan Times  

The Kerala high court on Monday upheld the conviction of 12 accused, including local Communist Party of India leaders, and set aside the acquittal of two others by a trial court in the case of the murder of TP Chandrasekharan, founder of Revolutionary Marxist Party, by a group of assailants in May 2012. Of the 12 accused convicted by the …

High Court Issues Notices On Plea For Independent Probe Into Alleged Encounter Killings & Custodial Deaths In Punjab During 1984-1995
10 months, 2 weeks ago

High Court Issues Notices On Plea For Independent Probe Into Alleged Encounter Killings & Custodial Deaths In Punjab During 1984-1995

Live Law  

The Punjab and Haryana High Court on Wednesday issued notices to CBI, Central government, Punjab government and the Director General of Punjab Police on a PIL seeking independent probe into alleged 6,733 encounter killings, custodial death and illegal cremation of dead bodies in Punjab during the period of 1984-1995.A division bench of Acting Chief Justice G.S. The Punjab and Haryana …

“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-XII]
10 months, 3 weeks ago

“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-XII]

Live Law  

Q.56 Supposing, in the above question “police custody” of the accused is wrongly obtained from the Court and while so, a recovery falling under Section 27 of the Evidence Act is effected. This aspect of the matter was considered by the Constitution Bench of the Supreme Court in State of Uttar Pradesh v. Deoman Upadhyaya - AIR 1960 SC 1125 …

Kerala High Court Weekly Round-Up: January 15 – January 21, 2024
11 months ago

Kerala High Court Weekly Round-Up: January 15 – January 21, 2024

Live Law  

Nominal Index Sabu Varghese v. Viju P. Varghese & Ors., 2024 LiveLaw 42 Dr. Annie Mareena Issac V Employees State Insurance Corporation, 2024 LiveLaw 43 XXX & Ors. Kerala HC Refers To Division Bench Case title: Lekshmi M V Sudhamony Amma Citation: 2024 LiveLaw 45 The Kerala High Court has referred the decision of a single judge in Natarajan T.K. …

Calcutta High Court Weekly Digest January 15- January 21, 2024
11 months ago

Calcutta High Court Weekly Digest January 15- January 21, 2024

Live Law  

NOMINAL INDEXMahuya Chakraborty Vs. Merely Being A Member Of Haj Committee Doesn't Confer Knowledge In Shia Islamic Theology: Calcutta HC Quashes Appointment To WB Waqf Board Citation: 2023 LiveLaw 16 Case: Professor Syed Haider Hassan Kazimi and others v The State of West Bengal and another The Calcutta High Court has quashed an order passed by the Secretary, Government of …

“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-XI]
11 months ago

“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-XI]

Live Law  

There is absolutely nothing in Section 27 to indicate that the person who discovers the incriminating fact should be the identical person who received the information. ); Paras 28 to 30 of State of Rajasthan v. Teja Ram and Others - AIR 1999 SC 1776 – K. T. Thomas – J – Held that recovery of axe pursuant to statement …

“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-IX]
11 months, 1 week ago

“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-IX]

Live Law  

Q.41 The accused in a murder case when arrested by the police makes the following statement:- “That knife is concealed beneath the tiles of the cowshed of my neighbor Antony. But see Ajayan v. State of Kerala - 2011 KLT 8 - - J. Chelameswar - CJ, Thomas P. Joseph, P. R. Ramachandra Menon - JJ, where it is held …

Kerala High Court Annual Digest 2023: Criminal Law
11 months, 1 week ago

Kerala High Court Annual Digest 2023: Criminal Law

Live Law  

Can't Test Veracity Of Material When Cognizable Offence Disclosed: Kerala High Court Dismisses Cop's Plea For Quashing Of Corruption Case Case Title: T. A. Abdul Sathar v. The State of Kerala and Ors. v. State of Kerala Citation: 2023 LiveLaw 120 The Kerala High Court dismissed the bail application of Sunil N.S., also known as 'Pulsar Suni', the main accused …

Kerala High Court Annual Digest 2023: Part I [Citations 1-255]
11 months, 3 weeks ago

Kerala High Court Annual Digest 2023: Part I [Citations 1-255]

Live Law  

v. Eldho P. Mathew & Ors. Time To Stop Entertaining Writ Petitions Relating To Wakf Act, Parties Must First Approach Statutory Authorities: Kerala High Court Case Title: Hameedali K.P. Accused Under SC/ST Act Cannot Directly Approach High Court For Bail Or Anticipatory Bail: Kerala High Court Case Title: Siji V State of Kerala Citation: 2023 LiveLaw 77 The Kerala High …

Supreme Court Weekly Roundup (6th Nov-12th Nov)
1 year, 1 month ago

Supreme Court Weekly Roundup (6th Nov-12th Nov)

Live Law  

Nominal Index Vishnubhai Ganpatbhai Patel and another v. State of Gujarat 2023 LiveLaw 955 Bambhaniya Sagar Vasharambhai v. Union Of India 2023 LiveLaw 956 Lombardi Engineering Ltd v. State of Uttarakhand 2023 LiveLaw 958 Union of India & Ors v Dilip Paul 2023 LiveLaw 959 C. RAJENDRAN. v. UNIVERSITY OF CALICUT 2023 LiveLaw 960 Manjunath v. State of Karnataka 2023 …

Kerala High Court Weekly Round-Up: November 6 - November 12, 2023
1 year, 1 month ago

Kerala High Court Weekly Round-Up: November 6 - November 12, 2023

Live Law  

Nominal Index Roli Pathak v Union of India 2023 LiveLaw 629 Shibu J v State of Kerala 2023 LiveLaw 630 Mathrubhumi Printing & Publishing Co. Ltd v State of Kerala 2023 LiveLaw 631 XXX & Anr. 2023 LiveLaw 640 Shijo Das v. State of Kerala 2023 LiveLaw 641 Sreeja @Sini v State of Kerala 2023 LiveLaw 642 Raveendranath v. State …

Supreme Court Weekly Round-Up(23rd-29th October)
1 year, 1 month ago

Supreme Court Weekly Round-Up(23rd-29th October)

Live Law  

Nominal Index Tottempudi Salalith v State Bank Of India 2023 LiveLaw 914 M/S Unibros v. All India Radio, 2023 LiveLaw 918 Debasish Paul v. Amal Boral, 2023 LiveLaw 919 Mumtaz Yarud Dowla Waqf v. M/S Badam Balakrishna Hotel Pvt Ltd. 2023 LiveLaw 920 Manmohan Gopal v. State Of Chhattisgarh, 2023 LiveLaw 921 Ambalal Parihar v. State of Rajasthan and ors, …

Kerala High Court Monthly Digest: October 2023 [Citations: 531-613]
1 year, 1 month ago

Kerala High Court Monthly Digest: October 2023 [Citations: 531-613]

Live Law  

Nominal Index The Ramapuram Regional Service Co-Operative Bank v State of Kerala 2023 LiveLaw 531 NBCC India Ltd. & Anr. and connected matter 2023 LiveLaw 563 Ramla Kabeer v. State of Kerala 2023 LiveLaw 564 Kakkovil Muliyarakkal Krishnan Children V Kakkovil Muliyarakkal Vilasini 2023 LiveLaw 565 XX v. CBSE Regional Office & Anr. 2023 LiveLaw 584 Dr. Ciza Thomas v. …

Supreme Court Half Yearly Digest 2023- Law Of Evidence
1 year, 1 month ago

Supreme Court Half Yearly Digest 2023- Law Of Evidence

Live Law  

Admission Any concession or admission of a fact by a defence counsel would definitely be binding on his client, except the concession on the point of law. Indrajit Das v. State of Tripura, 2023 LiveLaw 152 : AIR 2023 SC 1239 : 2023 INSC 175 Golden principles with regard to conviction in a case which rests entirely on circumstantial evidence …

Rajesh and Another v. The State of MP : A Patently Erroneous Interpretation Of Section 27 Of Evidence Act By Supreme Court
1 year, 2 months ago

Rajesh and Another v. The State of MP : A Patently Erroneous Interpretation Of Section 27 Of Evidence Act By Supreme Court

Live Law  

C O N T E N T SSl. Such insensitivity by the companion Judges has resulted in a grave travesty of Justice by setting a bad precedent with regard to “recovery evidence” falling under Section 27 of the Evidence Act, Hereafter, it is open to any lawyer in any part of the country to successfully argue even before a Magistrate …

Supreme Court Monthly Digest June 2023
1 year, 2 months ago

Supreme Court Monthly Digest June 2023

Live Law  

SUBJECT WISE INDEX Advocate Bar Council of India can prescribe that only graduates from recognized law colleges can enrol as advocates. Mamta Devi v. Reliance General Insurance Company Ltd., 2023 LiveLaw 486 STATUTE WISE INDEX Advocates Act, 1961 - Bar Council of India can prescribe that only graduates from recognized law colleges can enrol as advocates. Coal India Ltd v. …

High Time To Have Code Of Investigation For Police So That Guilty Don't Walk Free On Technicalities: Supreme Court
1 year, 3 months ago

High Time To Have Code Of Investigation For Police So That Guilty Don't Walk Free On Technicalities: Supreme Court

Live Law  

Aghast to see the shocking lapses and the slipshod investigation on the part of the police, the Court drew attention to a 2003 report by Dr. Justice V.S. The Supreme Court recently expressed exasperation at having to acquit three accused persons in a case of murder and kidnapping due to glaring lapses in police investigation. Echoing the same sentiment, it …

Supreme Court Weekly Digest With Nominal And Subject/Statutte Wise Index [August 7 – 13, 2023]
1 year, 3 months ago

Supreme Court Weekly Digest With Nominal And Subject/Statutte Wise Index [August 7 – 13, 2023]

Live Law  

Citations: 2023 LiveLaw 609 To 2023 LiveLaw 638 SUBJECT WISE INDEX Abkari Act Person receiving information of crime or detecting the occurrence can investigate it. V. Senthil Balaji v. State, 2023 LiveLaw 611 : 2023 INSC 677 ESI Electronics shop repairing & servicing electrical goods is a “factory” under ESI act. V. Senthil Balaji v. State, 2023 LiveLaw 611 : …

Kerala High Court Monthly Digest: August 2023 [Citations: 363-440]
1 year, 3 months ago

Kerala High Court Monthly Digest: August 2023 [Citations: 363-440]

Live Law  

Nominal Index S. Surendran v. State of Kerala and K. Sudhakaran v. State of Kerala 2023 LiveLaw 363R.S. 2023 LiveLaw 437 Chandi Samuval V Saimon Samuval 2023 LiveLaw 438 Karthik S Nair V State of Kerala 2023 LiveLaw 439 Zulu Haris v. Union of India & Ors. 2023 LiveLaw 440 Judgments/Orders This Month Monson Mavunkal Case: Kerala High Court Allows …

Overlooking Difference Between Murder And Culpable Homicide Could Lead To Miscarriage Of Justice: Kerala High Court
1 year, 4 months ago

Overlooking Difference Between Murder And Culpable Homicide Could Lead To Miscarriage Of Justice: Kerala High Court

Live Law  

The Kerala High Court recently emphasised the objective nature of determining the legal distinction between murder and culpable homicide not amounting to murder under the Indian Penal Code, unrelated to the offender's intention.A Division Bench of Justice P.B Suresh Kumar and Justice C.S Sudha added that neglecting the difference between the two can lead to a miscarriage of justice. The …

Death By Accidental Firing : Supreme Court Converts Conviction Of Cop From Section 302 To Section 304A IPC
1 year, 5 months ago

Death By Accidental Firing : Supreme Court Converts Conviction Of Cop From Section 302 To Section 304A IPC

Live Law  

The Supreme Court recently converted the conviction of a Delhi Police guard under Section 302 IPC to Section 304A in the case related to the death of a constable due to accidental firing. The court finally held that “the prosecution has failed to prove that the appellant had either any intention of causing the death of the deceased or the …

Supreme Court Monthly Digest April 2023
1 year, 7 months ago

Supreme Court Monthly Digest April 2023

Live Law  

SUBJECT WISE INDEX Administrative Law Rules of Business - When the Cabinet constitutes a committee and the latter’s actions are validated by the Minister and the rest of the Council, then it cannot be claimed that Rules of Business have not been followed by the State Government in the course of its decision-making process. National Insurance Co. Ltd. v. Harsolia …

Correctness Of Allegations In FIR To Be Tested During Trial; Not By High Court While Exercising Jurisdiction U/S 482 CrPC: Kerala High Court
1 year, 8 months ago

Correctness Of Allegations In FIR To Be Tested During Trial; Not By High Court While Exercising Jurisdiction U/S 482 CrPC: Kerala High Court

Live Law  

The Kerala High Court recently reiterated the view that the High Court, while exercising its power under Section 482 Cr.P.C. The counsels for the respondents also relied upon the decision in Minakshi Bala v. Sudhir Kumar & Ors., wherein it had been laid down that only in rarest of rare cases could the Court exercise the jurisdiction under Section 482 …

S.151 CrPC | Arrest Without Warrant In Absence Of Knowledge Of Design To Commit Cognizable Offence Violates Article 21: Kerala High Court
1 year, 8 months ago

S.151 CrPC | Arrest Without Warrant In Absence Of Knowledge Of Design To Commit Cognizable Offence Violates Article 21: Kerala High Court

Live Law  

The Kerala High Court has reiterated that the police cannot arrest a person under Section 151 of the Code of Criminal Procedure, without the knowledge of the existence of a design to commit a cognizable offence and a belief that the commission of the offence can only be prevented by the arrest of the person.A single bench of Justice. The …

Supreme Court Weekly Digest With Nominal And Subject/Statue Wise Index (Citations 181 - 210) Part 3 [March 13 – 19, 2023]
1 year, 9 months ago

Supreme Court Weekly Digest With Nominal And Subject/Statue Wise Index (Citations 181 - 210) Part 3 [March 13 – 19, 2023]

Live Law  

SUBJECT WISE INDEX Bail Ensure basic essentials such as FIR number, police station are recorded in bail orders: Supreme Court to all High Courts. State of Punjab v. Principal Secretary to the Governor of Punjab, 2023 LiveLaw 188 Article 226 - Supreme Court explains tests to determine if cause of action has arisen within jurisdiction of the High Court. State …

Supreme Court Criminal Digest February 2023
1 year, 9 months ago

Supreme Court Criminal Digest February 2023

Live Law  

Code of Criminal Procedure 1973; Section 432 – Remission - In determining the entitlement of a convict for premature release, the policy of the State Government on the date of the conviction would have to be the determinative factor. Hitesh v. State of Gujarat, 2023 LiveLaw 72 Code of Criminal Procedure, 1973 - Prevention of Money-laundering Act, 2002; Section 46, …

Kerala High Court Monthly Digest - February 2023 [Citations 53-108]
1 year, 9 months ago

Kerala High Court Monthly Digest - February 2023 [Citations 53-108]

Live Law  

Nominal Index Citations P.K. 2023 LiveLaw 108 Judgments/Order This Month Rent Controller Can 'Direct' Landlord To Sue For Eviction Of Tenant After Prima Facie Satisfaction On Permanent Tenancy Claim: Kerala High Court Case Title: P.K. Kerala High Court Sets Aside State Human Rights Commission's Order On Land Dispute Case Title: K. Abdul Hameed v. Kerala State Human Rights Commission & …

If Life Imprisonment Is Imposed On Murder Convict, Term Sentence For Other Offences Runs Concurrently: Karnataka High Court
1 year, 9 months ago

If Life Imprisonment Is Imposed On Murder Convict, Term Sentence For Other Offences Runs Concurrently: Karnataka High Court

Live Law  

The Karnataka High Court has clarified that if a term of life imprisonment under section 302 of Indian Penal Code is imposed on an accused and another fixed term sentence is imposed for another charge, then both sentences will run concurrently and not consecutively. The Sessions Court in terms of its order dated 09.12.2010, convicted the petitioners herein and sentenced …

Section 27 Of The Evidence Act Re-Visited In The Wake Of Supreme Court Judgement In “Ramanand @ Nandlal Bharti”
1 year, 10 months ago

Section 27 Of The Evidence Act Re-Visited In The Wake Of Supreme Court Judgement In “Ramanand @ Nandlal Bharti”

Live Law  

Any discussion on Section 27 of the Indian Evidence Act, 1872 will be incomplete without reference to Sections 25 and 26. Recently, it has been held by the Apex Court that Section 27 is an exception to Sections 24 to 26 of the Evidence Act.. We will shortly see that this Section does not say that the police officer in …

Human Sacrifice Case | Kerala High Court Dismisses Laila Bhagawal Singh's Bail Plea
1 year, 11 months ago

Human Sacrifice Case | Kerala High Court Dismisses Laila Bhagawal Singh's Bail Plea

Live Law  

The Kerala High Court on Tuesday dismissed the bail application moved by Laila Bhagawal Singh, one of the accused in the Human Sacrifice Case.Justice Bechu Kurian Thomas observed that, The active involvement of the petitioner in the crime and in another crime is asserted by the prosecution and the materials collected, prima facie reveal her involvement in the present crime.Having …

Judicial Service Examination- Practice Questions on First Information Report
2 years ago

Judicial Service Examination- Practice Questions on First Information Report

Live Law  

In which of the following Case, a Three Judge Bench of Supreme Court considered the judgment in T. T. Antony and explained that the judgment in the said case does not exclude the registration of a complaint in the nature of counter claim from the purview of the Court? Ram Lal Narang Vs. Om Prakash Narang and Another T.T.Antony Vs …

Supreme Court Monthly Criminal Digest November 2022
2 years ago

Supreme Court Monthly Criminal Digest November 2022

Live Law  

CBI Investigation - Keralite Medical Student Death in Mangaluru in 2014 - Writ petition filed by his father seeking CBI investigation - Allowed - It appears prima facie that it is not a case of simple accident as opined by the Investigating Agency - CID, Bengaluru has failed to perform its duty by not thoroughly investigating the case and tried …

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