Conviction for abetment to suicide cannot be merely on surmises and conjectures Gurcharan Singh vs. The State Of Punjab [Criminal Appeal No. 40 of 2011] [01.10.2020] – Abetment to suicide Brief: In this criminal appeal, the Supreme Court has set aside a conviction for abetment to suicide. The Court held that to prove the offence […]
Conviction for abetment to suicide cannot be merely on surmises and conjectures Read More »
COVID-19 is not a ‘public emergency’ as under section 5 of the Factories Act Gujarat Mazdoor Sabha & Anr. vs. The State of Gujarat [Writ Petition (Civil) No. 708 of 2020] [01.10.2020] – Covid-19 – Public emergency – Factories Act – Notification – Unconstitutional Brief: In this writ petition, State of Gujarat passed a notification
COVID-19 is not a ‘public emergency’ as under section 5 of the Factories Act Read More »
Neetu Yadav vs. Sachin Yadav [Transfer Petition (Civil) No.455 of 2020] [30.09.2020] Transfer – Distance – Real likelihood of bias Brief: In this transfer the Supreme Court transferred the divorce proceedings from Court in Dwarka to Indore for the reason of it being a distant place for wife. The Court refused to entertain the plea
Subed Ali and Others vs. The State of Assam [Criminal Appeal No.1401 of 2012] [30.09.2020] Common Intention – Charge Brief: In the criminal appeal, the Hon’ble Supreme Court confirmed conviction of the appellants under section 302 read with section 34 of IPC. While doing so, the Court re-iterated that if the facts to be proved and the evidence to
Once a common intention is established the role whether active or passive is irrelevant Read More »
Satish @ Sabbe vs. The State of Uttar Pradesh [Special Leave Petition (Crl.) No. 7369 of 2019] [30.09.2020] – Premature release – Kidnapping Brief: In the present case, the petition related to prayer of premature release of the convicts in an offence of kidnapping. The plea of the appellants was that the authorities has mechanically
Kaushik Chatterjee vs. State of Haryana & Ors. [Transfer Petition (Crl.) No.456 of 2019] [30.09.2020] Principles for transfer of a criminal and civil case Brief: The present transfer petition was sought on the ground that no cause of action arose in Gurugram. The petitioner sought transfer of a three cases from Gurugram to Delhi as
State of Madhya Pradesh & Ors. vs. Amit Shrivas [Civil Appeal No. 8564 of 2015] [29.09.2020] – Appointment on compassionate ground – Permanent and Regularized employee Brief: In this case, the Hon’ble Supreme Court was hearing a plea for appointment on the compassionate grounds after death of Respondent’s father. The Court held that unless the
‘Permanent’ classification does not amount to regularization of an employee Read More »
Maheshwar Tigga vs. The State of Jharkhand [Criminal Appeal No. 635 of 2020] [28.09.2020]: Section 313 statement – promise to marry – cheating Brief: In this case, the Supreme Court set aside the acquittal of the appellant sections 376, 323 and 341 of the Indian Penal Code. While hearing the matter, the Court found that the question during section 313 statement were casually put
Anwar Ali and another vs. The State of Himachal Pradesh [Criminal Appeal No. 1121 of 2016] [25.09.2020] – Re-appreciation of Evidence in Appeal – Conviction on basis of Circumstantial evidence – Relevance of Motive Brief: In this case, upholding the order of acquittal by the Trial Court and setting aside order of conviction by the High Court, the Supreme Court some important
High Court can re-appreciate evidence in appeal under section 378 of CrPC Read More »
Dr. Jitendra Gupta vs. Dr. C. Chandramouli, IAS (Secretary, DoP & T, Government of India) [Civil Appeal No(s).3298 of 2020] [25.09.2020] – Administrative Law – Service Law Brief: In this case, the appellant had sought his transfer from Bihar Cadre to Haryana Cadre. The State of Haryana had given its consent for transfer. However, subsequently
