Supreme Court reduces rape conviction to outraging modesty due to lack of specific evidence: Premiya @ Prem Prakash vs. State of Rajasthan (22 September 2008)

/ Arijit Pasayat, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 354, Indian Penal Code, 1860 with Section 376, Judges, Mukundakam Sharma

Introduction Date of the Judgment: 22 September 2008 Citation: Where available, provide the case citation in the Indian Supreme Court (INSC) format. Judges: Dr. Arijit Pasayat and Dr. Mukundakam Sharma Can a conviction for rape be altered if the evidence suggests a different, less severe offense? The Supreme Court of India addressed this question in […]

Supreme Court reduces rape conviction to outraging modesty due to lack of specific evidence: Premiya @ Prem Prakash vs. State of Rajasthan (22 September 2008) Read Post »

Supreme Court clarifies the definition of ‘Public Servant’ under the Prevention of Corruption Act: State of Punjab vs. Karnail Singh (2008)

/ Arijit Pasayat, Companies Act, 1956, Companies Act, 1956 with Section 617, J.M. Panchal, Judges, Prevention of Corruption Act, 1988, Prevention of Corruption Act, 1988 with Section 13(2), Prevention of Corruption Act, 1988 with Section 2(c)(ix), Prevention of Corruption Act, 1988 with Section 7

Introduction Date of the Judgment: September 22, 2008 Judges: Dr. Arijit Pasayat, J.M. Panchal Does an employee of a cooperative bank, which receives financial aid from the State Government, fall within the definition of a “public servant” under the Prevention of Corruption Act, 1988? This question was central to an appeal before the Supreme Court

Supreme Court clarifies the definition of ‘Public Servant’ under the Prevention of Corruption Act: State of Punjab vs. Karnail Singh (2008) Read Post »

Supreme Court overturns conviction in dowry death case due to flawed charges: Basavaraja & Ors. vs. State of Karnataka (22 September 2008)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 313, Dr. ARIJIT PASAYAT, G.S. Singhvi, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 34, Judges, V.S. Sirpurkar

Introduction Date of the Judgment: 22 September 2008 Judges: Dr. Arijit Pasayat, J., V.S. Sirpurkar, J., G.S. Singhvi, J. Can a conviction be upheld if the charges framed are inconsistent with the medical evidence presented? The Supreme Court of India addressed this critical question in the case of Basavaraja & Ors. v. State of Karnataka.

Supreme Court overturns conviction in dowry death case due to flawed charges: Basavaraja & Ors. vs. State of Karnataka (22 September 2008) Read Post »

Supreme Court Upholds Conviction in Murder Case Involving Unlawful Assembly: Shankaraya Naik vs. State of Karnataka (2008)

/ Harjit Singh Bedi, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 149, Indian Penal Code, 1860 with Section 302, Judges, Offences Against Human Body, S.B. Sinha

Date of the Judgment: September 22, 2008 Judges: S.B. Sinha, Harjit Singh Bedi Can a conviction for murder be upheld when the accused acted as part of an unlawful assembly, even if the common intention to commit murder wasn’t explicitly proven? The Supreme Court of India addressed this question in the case of Shankaraya Naik

Supreme Court Upholds Conviction in Murder Case Involving Unlawful Assembly: Shankaraya Naik vs. State of Karnataka (2008) Read Post »

Supreme Court quashes proceedings against brother-in-law in dowry case: Pritam Singh Sidhu vs. State of Punjab (2008)

/ Criminal Procedure Code, Criminal Procedure Code with Section 482, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 406, Indian Penal Code, 1860 with Section 498A, Judges, Lokeshwar Singh Panta, R.V. Raveendran

Introduction Date of the Judgment: September 19, 2008 Judges: R.V. Raveendran J., Lokeshwar Singh Panta J. Can a brother-in-law be held liable for offences related to dowry demands and breach of trust solely based on a vague allegation? The Supreme Court of India addressed this question in a case where a brother-in-law was implicated in

Supreme Court quashes proceedings against brother-in-law in dowry case: Pritam Singh Sidhu vs. State of Punjab (2008) Read Post »

Supreme Court Upholds Conviction in Atrocity Case: Daulatram vs. State of Chhattisgarh (2008)

/ Arijit Pasayat, Criminal Procedure Code, Criminal Procedure Code with Section 313, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 307/34, Judges, Mukundakam Sharma, Offences Against Human Body, Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989, Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 with Section 3(2)(v)

Introduction Date of the Judgment: September 19, 2008 Judges: Dr. Arijit Pasayat, J., Dr. Mukundakam Sharma, J. Does familial relation to a victim automatically discredit a witness’s testimony? The Supreme Court of India addressed this critical question in the case of Daulatram S/o Sadram Teli v. State of Chhattisgarh, concerning a conviction under Section 302

Supreme Court Upholds Conviction in Atrocity Case: Daulatram vs. State of Chhattisgarh (2008) Read Post »

Supreme Court sets aside High Court judgment for failing to consider application for additional evidence: Jatinder Singh vs. Mehar Singh (2008)

/ Aftab Alam, Appeals, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order 41 Rule 27, Judges, Tarun Chatterjee

Introduction Date of the Judgment: September 19, 2008 Judges: Tarun Chatterjee, J., Aftab Alam, J. When a party presents additional evidence in a second appeal, is it the duty of the High Court to consider such evidence? The Supreme Court of India addressed this question in a case where the High Court of Punjab and

Supreme Court sets aside High Court judgment for failing to consider application for additional evidence: Jatinder Singh vs. Mehar Singh (2008) Read Post »

Supreme Court sets aside Bombay HC order in assault case: State of Maharashtra vs. Sujay Mangesh Poyarekar (2008)

/ C.K. Thakker, Code of Criminal Procedure, Code of Criminal Procedure with Section 378, D.K. Jain, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 307, Indian Penal Code, 1860 with Section 504, Judges

Introduction Date of the Judgment: September 19, 2008 Judges: C.K. Thakker, J. and D.K. Jain, J. When can an appellate court overturn an acquittal? The Supreme Court of India deliberated on this crucial question in an appeal against an order by the High Court of Judicature at Bombay. The case arose from an incident involving

Supreme Court sets aside Bombay HC order in assault case: State of Maharashtra vs. Sujay Mangesh Poyarekar (2008) Read Post »

Disqualification of Councillor due to Leprosy: Supreme Court Clarifies Scope of Sections 16 & 17 of Orissa Municipal Act, 1950 (Dhirendra Pandua vs. State of Orissa, 2008)

/ C.K. Thakker, Constitutional Law, Constitutional Law with Article 14, D.K. Jain, Judges, Orissa Municipal Act, 1950, Orissa Municipal Act, 1950 with Section 16, Orissa Municipal Act, 1950 with Section 17, Orissa Municipal Act, 1950 with Section 38

Introduction Date of the Judgment: September 19, 2008 Judges: C.K. Thakker, J., D.K. Jain, J. Can a person suffering from leprosy be disqualified from holding the office of a Councillor? The Supreme Court of India addressed this critical question in Dhirendra Pandua vs. State of Orissa & Ors., a case concerning the interpretation of Sections

Disqualification of Councillor due to Leprosy: Supreme Court Clarifies Scope of Sections 16 & 17 of Orissa Municipal Act, 1950 (Dhirendra Pandua vs. State of Orissa, 2008) Read Post »

Supreme Court clarifies promotion rules for IPS officers post-1997 Amendment: Union of India vs. K.H. Srinivasan (2008)

/ Arijit Pasayat, Indian Police Service, Judges, Mukundakam Sharma, Promotion, Regulatory Amendments, Service Law

Introduction Date of the Judgment: September 19, 2008 Judges: Dr. Arijit Pasayat, J. and Dr. Mukundakam Sharma, J. Does amending promotion regulations retroactively affect the selection process for the Indian Police Service (IPS)? The Supreme Court in Union of India v. K.H. Srinivasan examined the impact of the 1997 Amendment to the Indian Police Service

Supreme Court clarifies promotion rules for IPS officers post-1997 Amendment: Union of India vs. K.H. Srinivasan (2008) Read Post »

Supreme Court grants limited relief to under-trial prisoner in Pramod Kumar Saxena vs. Union of India (2008)

/ C.K. Thakker, Constitutional Law, Constitutional Law with Article 21, Constitutional Law with Article 32, Criminal Breach of Trust, D.K. Jain, Fundamental Rights, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 420, Judges

Date of the Judgment: September 19, 2008 Citation: Pramod Kumar Saxena v. Union of India & Ors., Writ Petition (Criminal) No. 58 of 2007 Judges: C.K. Thakker, J., D.K. Jain, J. What happens when an individual is stuck in jail for over a decade while awaiting trial? The Supreme Court of India addressed this critical

Supreme Court grants limited relief to under-trial prisoner in Pramod Kumar Saxena vs. Union of India (2008) Read Post »

Partition Suit: Supreme Court Remands Case for Fresh Consideration in K. Keshava Bhat vs. Devaki Amma (2008)

/ Code of Civil Procedure, 1908, Evidence Consideration, Judges, Karnataka Land Reforms Act, 1961, Lokeshwar Singh Panta, Order 41 Rule 27, Code of Civil Procedure, 1908, Partition Suits, Property Law, R.V. Raveendran

Introduction Date of the Judgment: September 18, 2008 Citation: Where available, provide the case citation in the Indian Supreme Court (INSC) format. Judges: Justice R.V. Raveendran, Justice Lokeshwar Singh Panta When family disputes over property reach the courts, ensuring a fair hearing with all evidence considered is crucial. This case involves a decades-long partition suit

Partition Suit: Supreme Court Remands Case for Fresh Consideration in K. Keshava Bhat vs. Devaki Amma (2008) Read Post »

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