Supreme Court & High Court Judgments

20/04/2022

Media Trial - All matters relating to the crime and whether a particular thing happens to be a conclusive piece of evidence must be dealt with by a Court of Law and not through a TV channel. If at all there was a voluntary statement, the matter would be dealt with by the Court of Law. The public platform is not a place for such debate or proof of what otherwise is the exclusive domain and function of Courts of law. Any such debate or discussion touching upon matters which are in the domain of Courts would amount to direct interference in administration of Criminal Justice. (Para 21)

https://www.livelaw.in/pdf_upload/387-venkatesh-chandra-v-state-of-karnataka-19-apr-2022-415274.pdf

01/04/2022

Penal Code, 1860; Section 34 - Common Intention - Once it has been established and proved by the prosecution that all the accused came at the place of incident with a common intention to kill the deceased and as such, they shared the common intention, in that case it is immaterial whether any of the accused who shared the common intention had used any weapon or not and/or any of them caused any injury on the deceased or not. (Para 4.2) 2022 LiveLaw (SC) 258 : AIR 2022 SC 1366 : JT 2022 (3) SC 144https://www.livelaw.in/pdf_upload/258-state-of-mp-v-ramji-lal-sharma-9-mar-2022-411636.pdf

31/03/2022

Code of Criminal Procedure, 1973; Chapter VIII - Powers of the Executive Magistrate to take bond for maintaining security and for keeping the peace and good behaviour by the citizens - Procedure explained. (Para 7) 2022 LiveLaw (SC) 260 : AIR 2022 SC 1406 : JT 2022 (3) SC 140https://www.livelaw.in/pdf_upload/260-devadassan-v-second-class-executive-magistrate-9-mar-2022-411905.pdf

31/03/2022

Employee's Compensation Act, 1923 - The liability to pay the compensation would arise from the date on which the deceased died for which he is entitled to the compensation and therefore, the liability to pay the interest on the amount of arrears/compensation shall be from the date of accident and not from the date of the order passed by the Commissioner. (Para 4.1) 2022 LiveLaw (SC) 271 : AIR 2022 SC 1410 : JT 2022 (3) SC 121https://www.livelaw.in/pdf_upload/271-shobha-v-chairman-11-mar-2022-412008.pdf

31/03/2022

Insolvency and Bankruptcy Code, 2016 - The object and purpose of 14 the IBC is not to kill the company and stop/stall the project, but to ensure that the business of the company runs as a going concern. (Para 12) 2022 LiveLaw (SC) 259 : AIR 2022 SC 1433https://www.livelaw.in/pdf_upload/259-amit-katyal-v-meera-ahuja-3-mar-2022-411851.pdf

31/03/2022

Service Tax - Whether contract is for job work or for supply of manpower - Agreement has to be read as a composite whole. 2022 LiveLaw (SC) 190 : AIR 2022 SC 1426 : JT 2022 (2) SC 277https://www.livelaw.in/pdf_upload/190-adiraj-manpower-services-pvt-ltd-v-commissioner-of-central-excise-pune-ii-18-feb-2022-410208.pdf

31/03/2022

Public Auction - Highest bidder has no vested right to have the auction concluded in his favour. 2022 LiveLaw (SC) 235 : AIR 2022 SC 1413https://www.livelaw.in/pdf_upload/235-state-of-punjab-v-mehar-din-2-mar-2022-411034.pdf

31/03/2022

Code of Criminal Procedure, 1973; S. 319 - Summoning of additional accused - Basic principles. 2022 LiveLaw (SC) 265 : AIR 2022 SC 1420 : JT 2022 (3) SC 136

https://www.livelaw.in/pdf_upload/265-sagar-v-state-of-up-10-mar-2022-411795.pdf

31/03/2022

Penal Code, 1860 - S. 304 Part II - Evidence Act, 1872 - S. 3 - Culpable homicide not amounting to murder - Proof - Modification of Sentence. AIR 2022 SC 1423 : JT 2021 (12) SC 207 : 2021 (15) SCALE 501

Penal Code, 1860 - Section 304 (ii) - Modification of Sentence - With regard to quantum of sentence, it all depends on background facts of

24/03/2022

A brutal act of sexual assault on the wife, against her consent, albeit by the husband, cannot but be termed to be a r**e. Such sexual assault by a husband on his wife will have grave consequences on the mental sheet of the wife, it has both psychological and physiological impact on her. Such acts of husbands scar the soul of the wives. It is, therefore, imperative for the law makers to now “hear the voices of silence”. 2022 LiveLaw (Kar) 89https://livelaw.in/pdf_upload/89-hrishikesh-sahoo-v-state-of-karnataka-23-mar-2022-412964.pdf

24/03/2022

The age old thought and tradition that the husbands are the rulers of their wives, their body, mind and soul should be effaced. 2022 LiveLaw (Kar) 89https://livelaw.in/pdf_upload/89-hrishikesh-sahoo-v-state-of-karnataka-23-mar-2022-412964.pdf

24/03/2022

Penal Code, 1860; Section 376 - Husband ra**ng his wife is amenable to the offence of r**e. (Para 28) 2022 LiveLaw (Kar) 89https://www.livelaw.in/pdf_upload/89-hrishikesh-sahoo-v-state-of-karnataka-23-mar-2022-412964.pdf