R VS Lichniak - 25 Nov 02
Mandatory life sentence for murder has a denunciatory value, expressing society s view of a crime which has long been regarded with peculiar abhorrence.
India - Supreme Court
Rakesh VS State of Rajashtan - 03 May 00
In absence of evidence that finger prints were given by accused voluntarily, finger print expert evidence that chance finger print tallied with specimen prints could not read against accused.
India - Crimes
Krishan VS State of Haryana - 04 Mar 09
Criminal Law--Murder--Circumstantial evidence--Hostile witness--Appeal against conviction--Case of blind murder as dead body of deceased was found lying in abandoned plot--Material witnesses not supporting case of prosecution and turned hostile--Chain of prosecution case not complete and link evidence missing--Prosecution story seems to be suspicious if statement of all witnesses alongwith circumstances are considered together--Circumstantial evidence not sufficient to hold accused guilty for alleged offence beyond reasonable doubt--Accused acquitted--|Penal Code, 1860, Section 302 and 201. (Paras 17, 18, 22, 23, 24 & 25)
India - Punjab
One Earth One Life VS Sindhu Joy - 19 Feb 07
Constitution of India - Article 215 - Contempt of Courts Act, 1971 - Sections 12 and 15 - Registry did not number the case since no consent of the Advocate General as provided under S.15 of the Act, 1971 was obtained for filing the contempt case - On a request made by the counsel this matter has been posted before this Court for orders - Held, The Registry is justified in not numbering the contempt case since the consent of the Advocate General was not obtained as per S.15 of the Act before moving this Court - Case Dismissed.
India - Kerala
Iqbal Singh VS Every one - 05 Oct 12
Indian Succession Act, 1925, Secs. 370, 372, 374, 376 and 377 — Competence of District Judge to issue Succession Certificate u/S. 370 of the Act for the purpose of transfer of saw mill licence granted under Rajasthan Forest Produce (Establishment and Regularation of Saw Mills) Rules, 1983 — Held — For the licence to qualify as a security, it must fall within the definition given u/S. 370(2) of the Act — A licence issued under the Rules of 1983 has not been declared as "security" by the State Govt. — The said licence cannot and does not fall within the definition of "Security" as defind u/S. 370(2) of the Act — Departmental order cannot amend the law — Distinction has to be made between the transfer of a licence and seeking refund of a security — No succession certificate can be issued u/S. 370 read with Sec. 374 of the Act. (Paras 8 to 13)Hkkjrh; mRrjkf/kdkj vf/kfu;e] 1925] /kkjk 370] 372] 374] 376 ,oa ...
India - Rajasthan
John Claro Fernandes VS Luizinha Azavedo - 21 Oct 04
Civil Procedure Code, 1908 - Section 100 - Second appeal - Against judgment/decree of First Appellate Court - Suit for permanent injunction against defendants - Decreed - Defendants restrained from interfering in any manner with suit - Access - Parents of defendants sold eastern part of their property to plaintiffs - Passage mentioned in sale deed meant as a footpath - Evidence led by parties regarding their rival claims - Decree passed by Trial Court affirmed by First Appellate Court - Second appeal admitted on three substantial questions of law - Two more questions sought to be raised by defendants as substantial questions of law - No ambiguity in clause relating to reservation of passage in deed to plaintiffs - Clause regarding passage silent as regards its direction and width - Courts below rightly concluded that direction of passage was from east to west through property of defendants - Predecessors of defendants promised only one passage to plaintiff through their property - Vita...
India - Maharashtra
One Earth One Life VS Ministry of Environment and Forests - 03 Aug 18
Land Assignment (Regularisation of Occupations of Forest Lands prior to 1.1.1977) Special Rules 1993 (Kerala) - The quarrying activity can be done as under strictly regulatory measures and activities in the land which are assigned under 1993 rules or the same should be banned altogether.
India - Kerala
You One Maharia JV Thr. You One Eng. & Cosntruction Co. Ltd. VS National Highways Authority of India - 21 Aug 07
important pointWhen identical mater between the same parties stands concluded by a decision of the Supreme Court, parties should act accordingly.
India - Supreme Court
One Earth One Life, Represented By Its Legal Cell Director, Tony Thomas VS Ministry of Environment and Forests - 03 Aug 18
The Kerala Land Assignment (Regularisation of Occupation of Forest Lands prior to 1.1.1977) Special Rules, 1993- The Public Trust doctrine must also be made applicable -Whenever the Government decides to grant quarry permit or renew such permits, it must always take into account the availability of natural resources and the ecological impact and other environmental factors. Very often, quarry permits are granted on the basis of one sided self serving project reports which may not give a clear picture of the ground realities-A significant lacuna to be addressed by State authorities.Statement of facts:The petitioner is a registered voluntary organisation, working towards the protection and improvement of forest areas and to safeguard the interest of environment in Kerala. The focus of their interest in this case is the conservation of the hill, "Muniyattukunnu", which is part of Reserve Forest and where quarrying activities of respondents 13 to 23 are going on, destroying the forest and ...
India - Kerala
STATE OF RAJASTHAN VS DWARKA PRASAD - 25 Jul 17
Code of Criminal Procedure, 1973 – Section 354, 313, 43 – Indian Penal Code – Section 302, 201, 364 – Conviction – Prosecution – Contradictions in statement – Capital punishment – Liable – Murder – Dacoity – Provocation – Testimony – Guilt of accused – Imprisonment – Present death reference and appeal arise out of Judgment dated passed by learned Additional Sessions Judge, District Nagaur in Sessions Case and are being disposed of by this common order since, they arise out of same order – Learned trial Court by judgment aforesaid convicted appellant Dwarka Prasad for offence under Section 302 IPC and sentenced with capital punishment – Besides aforesaid conviction, learned trial Court also convicted accused/appellant Dwraka Prasad for offences under Sections 201 & 364 IPC – By Criminal death reference filed by State, same is before us for confirmation – Held, In entirety, court is of view that there is no material available on record to suggest that appellant is such a hardcore crimina...
India - Rajasthan