The LRC Publications: Judgments and Law Reports of Supreme Court and All High Courts of India with Indian Bare Acts, Rules and Amendments.

:: Testimony of witness—Credence to testimony of a witness is not to be based on post which he holds, a poor person may be truthful as compared to a rich person or holder of a higher post : 2012 (4) LRC 137(Del) :: Summoning of additional accused—Contention that separate trial would have to commence against respondents in case application u/s. 319 of CrPC is allowed—Untenable—As application u/s. 319 of CrPC can be moved at any stage : 2012 (4) LRC 413(P&H) :: Sole witness—Reliability—Once parameters are satisfied and statement of witness is trustworthy, cogent and corroborated by other evidence produced by prosecution, oral or documentary, then court would not fall in error of law in relying upon statements of such witness : 2012 (4) LRC 88(SC) :: Revision—Jurisdiction—Powers under revision can be exercised only in exceptional cases where interest of public justice require interference for correction of manifest illegality or prevention of gross miscarriage of justice : 2012 (4) LRC 377(Del) :: Revision—Jurisdiction—Powers under revision can be exercised only in exceptional cases where interest of public justice require interference for correction of manifest illegality or prevention of gross miscarriage of justice : 2012 (4) LRC 37 :: Rape by priest—Delay in lodging FIR cannot be made a ground to acquit appellant for such a heinous crime : 2012 (4) LRC 223(Del) :: Rape and murder—Death sentence—Crime committed by accused is not heinous simplicitor, but is a brutal and inhuman crime where a married person choose to lure a three year old minor girl child on pretext of buying her biscuits and then commits rape on her—Death sentence affirmed : 2012 (4) LRC 21(SC) :: Quashing of FIR—Complainant had entered into a settlement with petitioner on her own will and her subsequent retraction to settlement without any reasonable reason cannot be allowed : 2012 (4) LRC 357(Del) :: Preventive detention—Mere allegation of having been associated in past with some activities is an insufficient circumstance to justify detention order : 2012 (4) LRC 259(Del)(DB) :: Permission to go abroad—When petitioner has already traveled abroad several times, now mere fact of seriousness or gravity of offence alone may not be enough to decline permission to travel abroad : 2012 (4) LRC 152(Del) :: Narcotics—Search and seizure—No clear communication to accused that they had a right to be searched in presence of a Gazetted officer or a Magistrate—Clear breach of s. 50(1) of NDPS Act : 2012 (4) LRC 36(SC) :: Murder—Sole testimony of police officer—Reliability—Statement of a police officer can be relied upon and even form basis of conviction when it is reliable, trustworthy and preferably corroborated by other evidence on record : 2012 (4) LRC 101(SC) :: Murder—Right to private defence—When a person claims exercise of private self-defence, onus lies on him to show that there were circumstances and occasions for exercising such a right : 2012 (4) LRC 88(SC) :: Murder—Right to private defence—Just because one circumstance exists amongst various factors, which appears to favour person claiming right of self-defence, does not mean that he gets right to cause death of other person : 2012 (4) LRC 88(SC) :: Murder—Related or interested witnesses—When statement of witnesses, who are relatives, or are parties known to affected party, is credible, reliable, trustworthy, admissible in accordance with law and corroborated by other witnesses or documentary evidence of prosecution, there would hardly be any reason for court to reject such evidence merely on ground that witness was family member or interested witness or person known to affected party : 2012 (4) LRC 88(SC) :: Murder—Non-examination of injured witness, to which accused raised objection, would not materially affect case of prosecution : 2012 (4) LRC 88(SC) :: Murder—Non-examination of any independent witness is not fatal to case of prosecution : 2012 (4) LRC 88(SC) :: Murder—Injuries on accused—Non-examination of IO—Mere fact that investigating officer has not been produced, or that there is no specific explanation on record as to how accused suffered these injuries, would not vitiate trial or case of prosecution in its entirety : 2012 (4) LRC 88(SC) :: Murder—If respondents really intended to commit murder of deceased and if they were armed with weapons like lathis and dhariyas of which latter is a sharp-edged weapon, it is difficult to appreciate why they would not have attacked any vital part of his body—Acquitted : 2012 (4) LRC 52(SC) :: Murder—Effect of non-explanation of injuries sustained by accused persons—Where evidence is clear, cogent and creditworthy and where court can distinguish truth from falsehood, mere fact that injuries on person of accused are not explained by prosecution cannot, by itself, be a sole basis to reject testimony of prosecution witnesses and consequently, whole case of prosecution : 2012 (4) LRC 88(SC) :: Murder by gun-shot—Where medical evidence does not go so far as to rule out all possibility of ocular evidence being true, ocular evidence cannot be disbelieved : 2012 (4) LRC 41(SC) :: Motive—Presence of motive creates a strong suspicion against appellants but suspicion, however strong, cannot be a substitute for proof of guilt of accused beyond a reasonable doubt : 2012 (4) LRC 9(SC) :: Minimum Wages Act—Call centre company will be governed by Delhi Shops and Establishment Act and new minimum wages will be applicable to employees of the company : 2012 (4) LRC 161(Del) :: Juvenile Justice—Determination of age—Trial court could have considered ossification test only when SLC found to be unreliable : 2012 (4) LRC 143(Del) :: Issue of process—Provisions under s. 204(3) are merely directory and failure to attach copy of complaint petition to summons would not vitiate trial : 2012 (4) LRC 161(Del) :: Issue of process—Only criteria that has to be satisfied is that whether a prima facie case has been made out or not and if answer is in affirmative then Magistrate is within its jurisdiction to issue process to accused persons : 2012 (4) LRC 140(Del) :: Issue of process—Non-reasoned order—Order passed by Magistrate could not be faulted with only on ground that summoning order was not a reasoned order : 2012 (4) LRC 84(SC) :: Inherent powers of High Court—When from perusal of material on record prima facie commission of offence is indicated, the High Court should not throttle prosecution at its nascent stage : 2012 (4) LRC 226(Del) :: Inherent powers of High Court—Any kind of hindrance or obstruction of process of law from taking its normal course, without any supervening circumstances, in a casual manner, merely on whims and fancy of court tantamount to miscarriage of justice : 2012 (4) LRC 58(SC) :: Food—Definition—Packaged drinking water does not remain ordinary drinking water per se, which Legislature intended to exclude from definition of `food' under s. 2(v) of PFA Act : 2012 (4) LRC 302(Del)(DB) :: Food adulteration—Sale of water bottles without ISI certification is clear violation of Rule 49(28) of PFA Rules : 2012 (4) LRC 302(Del)(DB) :: First Information Report—Promptness in lodging FIR is an assurance regarding truth of version of informant : 2012 (4) LRC 63(SC) :: First Information Report—A promptly lodged FIR reflects first hand account of what has actually happened, and who was responsible for offence in question : 2012 (4) LRC 63(SC) :: Filing of charge-sheet—A charge-sheet so filed by officer in charge of police station on supervision/direction of senior officers cannot be said to be vitiated : 2012 (4) LRC 322(Del) :: Examination of accused—Once plea of self-defence is disbelieved, then a statement of a co-accused under s. 313 of CrPC cannot be of any advantage to co-accused, as prosecution has been able to establish its case beyond any reasonable doubt : 2012 (4) LRC 88(SC) :: Dying declaration—If dying declaration has been recorded in accordance with law, is reliable and gives a cogent and possible explanation to occurrence of events, then dying declaration can certainly be relied upon by court and could form sole piece of evidence resulting in conviction of accused : 2012 (4) LRC 74(SC) :: Domestic violence—Receipt of domestic incident report is not a pre-requisite for issuing a notice to respondent : 2012 (4) LRC 386(Del) :: Domestic violence—Insistence to take into consideration the domestic incident report of protection officer would not apply at stage of initiation of enquiry under s. 12 of Domestic Violence Act : 2012 (4) LRC 386(Del) :: Divorce—Cruelty—Willful denial of sexual intercourse without reasonable cause would amount to cruelty : 2012 (4) LRC 369(Del) :: Divorce—Cruelty—Refusal of wife to participate in <169>Dud-Mundari Ceremony<170> and <169>Chudha Ceremony<170> in presence of family members of husband would be an act of cruelty on part of wife : 2012 (4) LRC 369(Del) :: Divorce—Cruelty—Conduct of husband is certainly atrocious and cruel towards wife as to put such an unreasonable condition i.e. first production of requisite certificates of qualification and then to establish a physical relationship : 2012 (4) LRC 250(Del) :: Dishonour of cheque—Issuance of an omnibus notice without specifying amount due under dishonoured cheque and not even calling upon alleged accused to pay amount of cheque issued will not serve requirement of law : 2012 (4) LRC 129(Del) :: Dishonour of cheque—Conditions precedent which must be satisfied before dishonour of a cheque can constitute an offence and become punishable—Explained : 2012 (4) LRC 31(SC) :: Dishonour of cheque—A complaint filed before expiry of period of 15 days stipulated in notice required to be served upon drawer of cheque in terms of s. 138(c) of NI Act was plainly a premature complaint and not a complaint in eyes of law and no cognizance could be taken on basis thereof : 2012 (4) LRC 31(SC) :: Delhi Shops and Establishment Act—Applicability—Where any company carries on any work which is ancillary or incidental to any business, it will be covered/governed by Delhi Shops and Establishment Act : 2012 (4) LRC 161(Del) :: Defamation—Complaint lacks any specific averment which would indicate criminal role of petitioners in publication of alleged article—Complaint quashed : 2012 (4) LRC 219(Del) :: Culpable homicide not amounting to murder—Mere recovery of spirit at instance of accused persons without any material link to manufacture or supply of illicit liquor by co-accused, would be no way incriminate accused persons—Acquitted : 2012 (4) LRC 455(P&H)(DB) :: Culpable homicide not amounting to murder—Kick and fist blows given to deceased was such that appellants can be attributed with intention or knowledge that same were likely to cause grievous hurt—Appellant liable to be convicted under s. 325/34 along with s. 323/34 of IPC : 2012 (4) LRC 211(Del) :: Culpable homicide not amounting to murder—A person in a spurious liquor trade would not have definitely intended to cause death of his customers as it would deal a death knell to his lucrative illicit business but he being in trade would have knowledge that such a dangerous mixture of Ethyl alcohol and Methyl alcohol in the spirit was likely to cause death of consumers—Conviction altered from s. 304 Part I of IPC to one under s. 304 Part II of IPC : 2012 (4) LRC 455(P&H)(DB) :: Cruelty can be mental, by conduct, by gesture, by ignoring or may be thousands of reasons but for cruelty being committed, it is not necessary that wife has to prove any medical report : 2012 (4) LRC 240(Del) :: Criminal trial—Where accused lead no defence, they cannot take benefit of fact that prosecution did not examine any independent witnesses : 2012 (4) LRC 88(SC) :: Criminal trial—Existence of an arbitration agreement cannot take criminal acts out of jurisdiction of courts of law : 2012 (4) LRC 58(SC) :: Corruption—Recalling of sanctioning authority—Where sanction has been given to prosecute a public servant the accused has liberty to question validity of that sanction during course of trial—Accused cannot be discharged merely on ground that order of sanction was illegal : 2012 (4) LRC 432(P&H) :: Conversion of acquittal into conviction—It may not be quite appropriate for High Court to merely record judgment of trial court was perverse without specifically dealing with facets of perversity relating to issues of law and/or appreciation of evidence, as otherwise such observations of High Court may not be sustainable in law : 2012 (4) LRC 101(SC) :: Constitution—Once circumstances in a given case were held to be such as to attract provisions of Article 142 or Articles 32 and 226 of the Constitution, it would be open to Supreme Court to exercise its extraordinary powers under Article 142 of the Constitution to quash proceedings, continuance whereof would only amount to abuse of process of court : 2012 (4) LRC 15(SC) :: Common intention—Applicability of s. 34 of IPC—If all accused have committed offence with common intention and inflicted injuries upon deceased in a pre-planned manner, provision of s. 34 would be applicable to all : 2012 (4) LRC 88(SC) :: Burden of proof—Case of murder—Section 106 of Evidence Act ordinarily should not be pressed in service to controvert presence of innocence and there must be complete chain of circumstances to prove guilt of accused beyond reasonable doubt : 2012 (4) LRC 420(P&H)(DB) :: Bigamy—If a complaint contains allegations about commission of offence under s. 498A of IPC which is a cognizable offence, apart from allegations about commission of offence under s. 494 of IPC, court can take cognizance thereof even on a police report : 2012 (4) LRC 55(SC) :: Benefit of probation—Cruelty and harassment—Since complainant has denied main allegation against petitioner in her cross-examination, it is a fit case to grant benefit of probation under Probation of Offenders Act : 2012 (4) LRC 443(P&H) :: Bail—Unlawful activities—Mere membership of a banned organization will not make a person a criminal unless he resorts to violence or incites people to violence or creates public disorder by violence or incitement to violence—Bail granted : 2012 (4) LRC 347(Del) :: Bail—Cancellation—If accused break of any undertaking or promise given before court, concession granted may be withdrawn : 2012 (4) LRC 336(Del) :: Bail to juvenile—Refusal—Bail is a right of juvenile under s. 12 of JJ Act & it can be denied only three grounds as given in section itself : 2012 (4) LRC 398(P&H) :: Armed Forces Tribunal Act—Appeal to SC—Maintainability—Right of appeal u/s. 30 of AFT Act can be exercised only in the manner and to extent it is provided for in s. 31 of the Act to which said right is made subject : 2012 (4) LRC 69(SC) :: Anticipatory bail—Personal liberty is a precious fundamental right : 2012 (4) LRC 5(SC) Cruelty or desertion on part of wife leading to decree of divorce alone would not be a relevant criteria for refusing permanent alimony to her : 2011 (3) LRC 392(All) A cheque issued by way of security for meeting some future contingency would not attract s. 138 of Negotiable Instruments Act : 2011 (3) LRC 210(Del) A criminal case should not be decided against accused in absence of a counsel : 2011 (3) LRC (SC)

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