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Supreme Court Set Aside High Court’s Conviction Order – Mere Presence at the Scene of Crime Not Sufficient to Prove Unlawful Assembly. High Court erred in reversing the acquittal – No cogent evidence to establish participation in rioting – Conviction unsustainable in law

Unlawful Assembly Requires Participation – Mere presence in a riot-affected area does not automatically make a person part of the unlawful assembly ...

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Supreme Court Modified Conviction from Section 302 IPC to Section 304 Part I IPC Due to Lack of Premeditation. Sudden Fight Over Agricultural Land Dispute—No Premeditation—Conviction Altered to Culpable Homicide Not Amounting to Murder

A sudden fight without premeditation, even if leading to death, does not constitute murder under Section 302 IPC but falls under Section 304 IPC. Test...

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Acquisition of Land by the State – Authority of the Beneficiary Board – Public Policy Violation – Arbitrability of Land Acquisition Disputes – Effect of Illegal Agreements – Fraud on Sovereign Power

Acquisition of land under the Land Acquisition Act, 1894, once completed with possession taken, results in absolute vesting in the Government, beyond ...

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Supreme Court Upholds Acquittal in TADA Case Due to Procedural Lapses in Recording Confessional Statements. Confessions Under TADA Act Deemed Inadmissible Due to Non-Compliance with Safeguards

Procedural Safeguards under TADA Act: The Court emphasized that confessions recorded under Section 15 of the TADA Act must strictly comply with the p...

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Compensation enhanced for quadriplegic accident victim – Future prospects, attendant charges, special diet, pain & suffering considered.

Income Assessment: The Supreme Court held that ₹5,600 per month (assessed by the High Court) was too low. Instead, ₹7,500 per month was considered...

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Supreme Court Reinstates Conviction in 40-Year-Old Child Rape Case, Overturns High Court’s Acquittal. Silence of a Traumatized Child Witness Not Fatal to Prosecution Case – Medical and Circumstantial Evidence Sufficient for Conviction

Child Witness and Trauma-Induced Silence: The Court held that the silence of a traumatized child victim cannot be used against the prosecution. The ab...

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Bail Denied – Bombay High Court Refuses Bail to Accused in Gang Rape Case Citing Seriousness of Offence and Prima Facie Evidence. High Court Held – Accused Cannot Claim Bail Solely on Grounds of Delayed Trial When Charges are Framed and Prosecution is Proceeding Expeditiously

Seriousness of Offence – The Court held that gang rape under Section 376(D) IPC was punishable with rigorous imprisonment not less than 20 years, ex...

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Limitation Act, 1963 – Article 113 – Right to sue accrued when the default in payments occurred – Declaration as a defaulter does not extend limitation period – Suit for recovery of membership dues held time-barred.

a. Cause of action arose when the default in payment occurred, not when the respondents were declared defaulters.b. Suit filed beyond three years from...

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Bombay High Court Quashed FIR And Charge Sheet Against Petitioners For Lack Of Prima Facie Evidence — Reaffirmed Right To Peaceful Assembly Under Article 19(1)(b) Of The Constitution Of India

Constitution Of India, 1950 — Article 226 — Criminal Procedure Code, 1973 — Section 482 — Indian Penal Code, 1860 — Sections 143, 145, 147, ...

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Conviction under Section 376 and Section 323 of the Indian Penal Code, 1860 – Affirmed by the Supreme Court – Delay in FIR not fatal – Sole testimony of prosecutrix trustworthy.

Sole testimony of the prosecutrix, if trustworthy, is sufficient for conviction. (Para 10) Absence of injuries does not automatically negate rape alle...