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


Intentional homicide is murder punishable under Section 302 of IPC.

India - Supreme Court

State of Uttar Pradesh VS Prem Pal - 06 Apr 83

(i) Identification of accused-Prem Pal accused along with others committing lurking house trespass for robbery and firing gun shot on jaswant Singh-A lantern burning-Wife of jaswant Singh knowing Prem Pal before and recognizing -A neighbour also recognizing-Sessions judge placing implicit reliance on their testimony for finding that Prem Lal was amongst the miscreants and that it was he who was responsible for firing the gun at jaswant Singh-Whether correct? (Yes) (Paras 9 to 11)(ii) Indian Penal Code, 1860-Sections 460, 394 and 302- Prem Pal charged for lurking house trespass, Robbery and a causing murder-Sessions judge convicting for offences under sections 460 and 394 and sentencing him to 10 years R. I. and 7 years R. I. respectively under two counts-No conviction or sentence passed under section 302 Indian Penal Code-Government Appeal against-Prosecution establishing and Sessions judge also finding that Prem Pal causing murder by gun shot ...

India - Crimes

Sk. Mohammad Osaid VS Sk. Abdul Wahid - 09 Apr 85

Bihar State Weaker Section Legal Aid Act 1983-Sec 17-Notification exempting payment of Court fee-Income of plaintiffs can not be clubbed together for assessment of income -Income of each individual plaintiff has to be seen for the purpose of exemption-Jointness of the causes of action can not be looked into (Para 11 & 13)Interpretation of Statutes-Fiscal statutes Interpretation in favour of the subject has to be taken (Relied on AIR 1976 S.C. 1503 & AIR 1978 Cal 12) (Para 8)-Plain meaning-Where the language is plain even though the provision may be capable of misuse by clever manipulation. (Pata 10)

India - Bihar

Kush Dairy Limited VS H. P. Printers Pvt. Ltd. - 08 Apr 13

Arbitration and Conciliation Act, 1996 - Section 8 r/w Order 37 Rule 3(5) read with Section 151 CPC - Waiver of right to invoke arbitration clause - Defendant relied upon the arbitration clause contained in the Agreement and submitted that the present suit ought to be referred to arbitration - Application also filed by the defendant seeking unconditional leave to defend the present suit - Held: action of the defendant in filing its own suit amounted to waiving its right to invoke or enforce the arbitration clause - Defendant granted unconditional leave to defend the suit - Application allowed - Appeal dismissed.

India - Delhi

Mahesh Chand @ Pisya S/o Shri Shambhu Dayal VS State of Rajasthan - 03 Mar 17

Important Point – The matter would falls in exception 4 to Section 300 of IPC and is a culpable homicide not amounting to murder punishable under Section 304 Part I of IPC.

India - Rajasthan

RAM LAL VS STATE OF H. P - 12 May 05

CRIMINAL PROCEDURE CODE, 1973 - Section 374 - Appeal - Appellant convicted for the offence under Section 302 IPC - Defence counsel submitting that this is a case of culpable homicide not amounting to murder punishable under Section 304 IPC and not of murder, punishable under Section 302 IPC - Held, no merit in the submissions of the Defence counsel - Appeal dismissed.

India - Himachal Pradesh

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

Flemingo Duty Free Shops Private Limited, Mumbai VS State of Karnataka - 22 Jul 09

STANDARDS OF WEIGHTS & MEASURES ACT, 1976 - Sections 2(i), 31, 39 & 83 & Preamble & Standards of Weights and Measures (Packaged Commodities) Rules, 1977, Rules 1(3) & 6, Standards of Weights & Measures (Enforcement) Act, 1985, Section 33 & Customs Act, 1962, Sections 2(23) & 58: [Anand Byrareddy, J] Goods brought from abroad and sold at duty-free shops at arrival and departure terminals of international airport to international travellers against approved foreign currency - Held, The petitioner operates duty-free shops at the international arrival and departure terminal of the BIA. The said shops are customs bonded warehouses within the meaning of Section 58 of the Customs Act. The goods sold are brought from abroad and are packaged commodities. The same can be sold only to international travellers with travel documents and only against approved foreign currency. The goods displayed are brought from customs bonded warehouses and are goods which are not cleared for home consumption. The...

India - Karnataka

Central Secretariat Stenographers Service Association VS Central Secretariat Service, Direct Recruit Assistants Association - 26 May 10

Central Secretariat Service Section Officers Grade/Stenographers Grade B (Limited Departmental Competitive Examination) Regulations, 1964 - Regulations 23 & 4 - Quashing of Reg. 4 - Eligibility to sit in Limited Department Competition Examination for Section Officers - Rule 13 of Central Secretarial Service, 1962 - Since only a person who passes the LDCE is allowed to become a Section Officer, the test being common for both the Assistants and the Stenographers, both stand on an equal footing after passing the test and any difference in their qualifications and experience prior to the passing of test then becomes immaterial - Regulations 4 is not altra vires - Tribunal was not justified in taking contrary view to Joginder Lal Sawhney & Ors. v. Union of India, CWP 112/1995 - Writ Petition allowed.

India - Delhi