Issue for Consideration The appellant came to be convicted and sentenced for the offences punishable u/ss.450 and 376(2) of the IPC and s.4 of the Protection of Children from Sexual Offences Act, 2012 [POCSO Act]. Whether the High Court was justified in upholding and confirming the conviction and by the trial court. Headnotes† Penal Code, 1860 – ss. 450, 376(2) – Protection of Children from Sexual Offences Act, 2012 – s.4 – Allegation that appellant- accused entered the house of victim aged about 15 years and sent her brother aged about 11
Issue for Consideration Whether any criminal offence in the background of the factual position is made out to justify criminal proceedings against the the same should proceed; whether on the same cause of action, based on the facts, both civil and criminal proceedings can simultaneously go on. Headnotes† Code of Criminal Procedure, 1973 – s.482 – Quashing – Civil suit filed by the complainant against the appellants
Issue for Consideration Issue arose as regards the correctness of the order passed by the High Court reducing the compensation awarded to the appellant- engineering student in a motor accident, resulting in amputation of his leg and 100% functional disability. Headnotes† Motor accident Reduction by High Court – Challenge to – Appellant-20 year old engineering student was riding a motorcycle, car ahead of him applied the brakes suddenly, the appellant’s motorcycle dashed into the car, the appellant fell down on the road and bus coming from behind ran over
Issue for Consideration Issue arose as regards the correctness of the order passed by the High Court declining to quash the criminal proceedings initiated against the appellants-accused on the allegations relating to falsification of birth records for securing benefits and selections tournaments. Headnotes† Code of Criminal Procedure, 1973 – s.482 – Quashing of criminal proceedings – Private complaint before the Metropolitan Magistrate against the appellants-badminton players of national acclaim, their parents and their coach alleging falsification
Issue for Consideration The matter pertains to legality of recruitment/selection of Assistant Professors and Librarians in Government Degree colleges of Punjab. The Division Bench of the High Court has reversed the findings of the Single Judge and has thereby upheld the selections made by the illegality in the recruitment process. Headnotes† Constitution of India – Art.320 – Punjab Public Service Commission (Limitation of Functions) Regulations, 1955 – UGC (Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and
Issue for Consideration Whether the Administrative Tribunal was correct in its refusal to grant the appellant, permission to compromise proceedings with the private respondents in terms of Article 154 (3) of the Code of Comunidades. Headnotes† Goa, Daman and Diu Agricultural Tenancy Act, Comunidades – Art.154(3) – Goa Land Use (Regulation) Act, 1991 – By the order dated 13.04.2023, the Administrative Tribunal, Goa refused to grant permission to the appellant to compromise proceedings instituted by the private respondents herein (respondent nos. 3 to 11) –
Issue for Consideration Whether any interference is required in the multiplier adopted by the Tribunal and affirmed by the High Court; Whether the 9% interest rate granted by the Tribunal is perfectly in order. Headnotes† Motor Vehicle Accident claim – Victim-deceased in the year 1995 – Victim died – Deceased was working as an Engineer with the Brtish Telecom and was paid in pounds – The wife and two minor children of the deceased sought compensation – Tribunal found the driver of the truck negligent – The income stood proved and
Issue for Consideration Issue arose as to whether the legal heirs of a deceased teacher in an aided school would be entitled to gratuity under the Payment of Gratuity Act, 1972 or under the Maharashtra Rules), 1982. Headnotes† Maharashtra Civil Services (Pension Rules), 1982 – Payment of Gratuity Act, 1972 – Death-cum-Retirement Gratuity – Claim of – Death of the teacher working in an aided school – Claim of gratuity by the son-petitioner under the 1972
Issue for Consideration Whether the conveyance of the suit land by dated 02.11.1971 in favour of defendant no.1 could have been done and, the same having been done, could be sustained in law; whether the subsequent release of the charge created on the suit land by the Society upon receiving the entire dues having been paid by the plaintiff, would give
Issue for Consideration Whether the appellant is a ‘land grabber’ under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982. Headnotes† Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 – ss.2(d), (e) – ‘Land grabbing’; ‘Land grabber’ before the Special Court was that the appellant was in occupation of a portion of the land belonging to the applicant forming part of survey no.9 whereas the sale deed produced by the appellant showed his property to be in survey no.10 – Appellant was held to be a ‘land
Issue for Consideration Whether the High Court was justified in allowing the petition u/s.482 of the CrPC filed by respondent no.2 (through its Director); thereby directing the release of Rs. 15.90 lakhs being withheld by the Bombay Stock Exchange Ltd. (BSE) as payout for sale of certain shares in subject to him furnishing a Guarantee of the same amount, before the Magistrate Court. Headnotes† Code of Criminal Procedure, 1973 – s.482 – Penal Code, 1860 – ss.420, 120B – In FIR, it was alleged that on 01.04.2013 the appellant received a phone call by a
Issue for Consideration The appellants challenge the common judgement and order of the High Court whereby High Court reduced the compensation payable to appellant no.1 and dismissed the claim in so far as it relates appellant no.2 in a case arising out of a claim petition filed under Act, 1988. Headnotes† Motor Vehicles Act, 1988 – Victim-deceased died in a road accident – A claim petition was filed by the appellant no.1-married daughter of deceased and appellant no.2-mother of deceased – Tribunal allowed the claim petition to an extent of
Issue for Consideration Whether the appellant was rightly convicted for abetment of offence u/s.13(1)(e) of the Prevention of Corruption Act, 1988. Headnotes† Prevention of Corruption Act, 1988 – ss.13(2), 13(1)(e) – Penal Code, 1860 – s.109 – of abetting her then husband (main accused) in acquiring disproportionate assets – Sustainability: Held: Admittedly, the appellant’s husband acquired assets (disproportionate to his income), during the check period, in appellant’s name – Appellant’s case falls
Issue for Consideration The appellant was convicted for the offence punishable u/s.7 of the Prevention of Corruption Act, 1988 and also for the offence punishable u/s.13(1)(d) r/w. s.13(2) of the Act by the trial Court. The High Court affirmed the conviction of the appellant. Headnotes† – ss.7, 13(1)(d) r/w. s.13(2) – The complainant sought compensation for trees that dried due to drought – Allegation that appellant demanded a bribe of Rs.20,000/- to conduct an inquiry and prepare a report – A trap was laid for appellant – It was alleged that at
Issue for Consideration Whether the High Court erred in reversing the acquittal and convicting the accused persons based on the testimony of the IOs which was founded only on s.161, CrPC statements of the witnesses; whether present was a case of two probable views, one favourable to the accused ought to be taken. Headnotes† Appeal against acquittal – Code of Criminal Procedure, 1973 – s.161 – Penal Code, 1860 – s.302 r/w s.120B – Murder – 71 out of the total 87 witnesses including eye-witnesses turned hostile
1854 : 2025 INSC 643 P. Nallammal v. State By The Inspector of Police, Vigilance and Anti-Corruption Police, Dindigul, Tamil Nadu (Criminal Appeal No. 2489 of 2025) With (Criminal Appeal No. 2490 of 2025) Tmt. P. Nallammal & Ors. A1: Tmt. P. Nallammal A2: Thiru A. M. Paramasivam (Died) Issue for Consideration Matter pertains to appeal challenging the conviction and sentence of the appellant u/s.109 IPC r/w ss.13(1)(e) and 13(2) of PC
Issue for Consideration 1. Whether an unregistered sale agreement can confer valid title or ownership of immovable property. 2. Whether a High Court exercising jurisdiction under Article 226 can direct dispossession of a party without proof of actual and – Section 17 & Section 49 – Immovable property can be legally and lawfully transferred/conveyed only by a registered deed of conveyance: Held: By referring to Suraj Lamp & Industries Pvt. Ltd. v. State of Haryana & Anr (2012) 1 SCC 656, it was held that the transactions
Issue for Consideration Matter pertains to the correctness of the order passed by the High Court partly allowing the appeal of the respondents, enhancing the compensation and fastening the liability company. Headnotes† Motor Vehicles Act, 1988 – s.147 – Fatal accident – Compensation – Liability of the insurance company – Tractor insured with the appellant-insurance company attached to a trailer, and due to rash and negligent driving of the driver,
Issue for Consideration Whether the charge of criminal contempt is proved against the appellants-contemnors beyond all reasonable doubt; whether the conviction of the appellants by the High Court for criminal contempt of Court and the sentence imposed ought to be upheld. Headnotes† – ss.15(1) r/w 18(1) – In Execution Petition filed by the decree holder, contemnors produced interim orders passed by the High Court staying the decree – On verification it was found that the said orders were fraudulently created by committing forgery and impersonation in the
Issue for Consideration Issue arose as regards the correctness of the order passed by the High Court relating to compensation awarded for the death of wife-pillion rider in an accident. Headnotes† Motor vehicles – Fatal accident – Compensation – Death an accident – Appellants, husband and children of the deceased, sought compensation – Tribunal awarded compensation of Rs.18,81,966/- – Deduction applicable for personal expenses was fixed at 1/3rd, considering the dependent family comprising of the deceased and only two