Code of Criminal Procedure, 1973—Sec. 174, 227 —Police to enquire and report on suicide, etc.—Discharge— Indian Penal Code, 1860 — Sec. 304, 304A, 182, 201, 34 - Causing death by negligence— Punishment for culpable homicide not amounting to murder- False information, with intent to cause public servant to use his lawful power to the injury of another person—Causing disappearance of evidence of offence, or giving false information to screen offender-Act done by several persons n furtherance of the common intention- Article 142 — Constitution of India, 1950— Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc-No prima facie case can be said to be made out against the appellants for committing an offence-Order of the Trial Court and High Court set aside and quashed— Appeal allowed.Held; (Paras- 6,7,11,15,16,17,18)
Result: Appeal allowed.
Terrorist and Disruptive Activities (Prevention) Act, 1987— Sec. 19, 3, 4, 15 —Appeal- Punishment for terrorist acts— Punishment for disruptive activities— Certain confessions made to police officers to be taken into consideration — Recording of confession made to police officers —Ranbir Penal Code, - Sec. 118, 302, 368 and 365, 120-B Concealing design to commit offence punishable with death or imprisonment for life .— Murder define- Wrongfully concealing or keeping in confinement, kidnapped or abducted person—Kidnapping or abducting with intent secretly and wrongfully to confine person -Criminal Conspiracy—-Section 3,25 of the Arms Act, 1959—Punishment for certain offences— Licence for acquisition and possession of firearms and ammunition-Weapon of assault was not recovered-Eyewitnesses deposed that the respondents who were produced in court were not the accused persons-Appeal dismissed.
Held: (Paras- 5,7,9,10,12,16,17 ,27,29,30,32,33)
Result: Appeal dismissed.
Indian Penal Code, 1860—Sec. 147, 452, 302, 325, and 323, Sec.149, 304 — Punishment of rioting—Every member of unlawful assembly guilty of offence committed in prosecution of common object— House-trespass alter preparation for hurt, assault or wrongful restraint-Murder define- Punishment for voluntarily causing grievous hurt— Punishment for voluntarily causing hurt- Punishment for culpable homicide not amounting to murder-Medical evidence creates a serious doubt as to whether injuries allegedly inflicted by the respondents caused the death of Laxman— The old age of the accused and the long lapse of time from the commission of the offence can always be a ground available to give some priority to the appeals against conviction of the accused on bail—Appeal dismissed
Held: (Paras- 7,8,9,10,12,15,16)
Result: Appeal dismissed.
Land Acquisition Act, 1894 — Challenge to the Impugned Judgment of the High Court wherebv High Court allowed the first appeal filed by the Respondents (original defendants) and set aside the judgment and decree passed by the Principal, Senior Judge in original suit instituted by the appellants (original plaintiffs)- Procedure for filing the suit against the government or Public officer- observation- is imperative to maintain the sanctity of the terms of the agreement between the parties. It is a settled position of law that a commercial document ought not to be interpreted in a manner that arrives at a complete variance with what may originally have been the intention of the parties. —It is trite law that under Section 34 — CPC, the award of interest is a discretionary exercise steeped in equitable considerations."— held— statutory notice holds significance beyond mere formality. Its purpose is to provide the Government or a public officer with an opportunity to reconsider the matter in light of established legal principles and make a decision in accordance with the law. However, in practice, such notices have often become empty formalities- held- assignees of the government lands are entitled to payment of compensation equivalent to the full market value of the land and other benefits on par with full owners of the land even in cases where the assigned lands are taken possession of by the State in accordance with the terms of grant or patta, though such resumption is for a public purpose- even in cases where the State does not invoke the covenant of the grant or patta to resume the land for such public purpose and resorts to acquisition of the land under the provisions of the Land Acquisition Act, 1894, the assignees shall be entitled to compensation as owners of the land and for all other consequential benefits under the provisions of the Land Acquisition Act, 1894. No condition incorporated in patta/deed of assignment shall operate as a clog putting any restriction on the right of the assignee to claim full compensation as owner of the land.
Held: (Para 110-128)
Result: Disposed of
Limitation Act, 1963 —Sec. 51— Period of limitation for trial of offences under the Act.-Sheo Raj Singh v Union of India, (2023) 10 SCC 531-Pathapati Subba Reddy v Special Deputy Collector, 2024 SCC OnLine SC 513- Second Appeal deserves to be heard, contested and decided on merits-Impugned order upheld- Appeal dismissed.
Held: (Paras- 6,7,9,10,12,14,16,17,19)
Result: Appeal dismissed.
We feel pleasure to introduce ourselves as founder of the "Daily" reporter of Hon'ble Supreme Court & Delhi High Court Decisions, covering all the reportable, non-reportable judgments, Bail matters & important orders daily. The Journal "Apex-Decisions" is known for its prompt & complete reporting of Hon'ble Supreme Court & Delhi High Court judgments / orders every day since 1993.
Copyright © 2022 Apex Decisions Software, All rights Reserved. Designed By Techdost
