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Supreme Court

Supreme Court Reduces Sentence of Convicted Patwari in Corruption Case Due to Old Age, Long Pendency, and Health Issues. The Court invoked the proviso to Section 5(2) of the Prevention of Corruption Act, 1947 to reduce the sentence below the statutory minimum of one year, citing eight special reasons including the appellant's age of 78 years, heart ailment, and 34-year pendency of the case.

5 Feb 2019

The appellant, Ambi Ram, was a Kanoongo/Patwari at Didihat, Uttarakhand. He was prosecuted for offences under Section 5(2) of the Prevention of Corrup...

Supreme Court

Supreme Court Confirms Conviction but Commutes Death Sentence to Life Imprisonment in Rape and Murder of Minor Girl. Circumstantial evidence including last seen together and failure to explain incriminating circumstances upheld conviction, but mitigating factors led to commutation of death penalty.

5 Feb 2019

The appellant, Vijay Raikwar, was convicted by the Trial Court for the rape and murder of a 7½-year-old girl under Section 376(2)(f) and Section 201 ...

Supreme Court

Supreme Court Dismisses Appeal Against Quashing of Cognizance Under Section 193 IPC — Private Complaint for False Evidence in Judicial Proceeding Barred Under Section 195 CrPC. The Court held that only the court where the alleged false evidence was given can file a complaint, not a private individual.

4 Feb 2019

The appeal arose from a private complaint filed by the appellant, Narendra Kumar Srivastava, against respondent nos. 2 to 4, officials of Doordarshan ...

Supreme Court

Supreme Court Allows Appeal Against Extension of Time for Filing Written Statement Beyond 120 Days Under Amended CPC. Mandatory Forfeiture of Right to File Written Statement After Expiry of Statutory Period Under Order VIII Rule 1 CPC as Amended by Commercial Courts Act, 2015.

1 Feb 2019

The Supreme Court allowed an appeal against two orders of the High Court that permitted the defendant to file a written statement beyond the statutory...

Supreme Court

Supreme Court Allows Compounding of Offences in Cheating and Forgery Case, Quashes Criminal Proceedings on Settlement Between Parties. The Court held that where the dispute is predominantly civil in nature and parties have settled amicably, criminal proceedings can be quashed under Article 142 of the Constitution.

1 Feb 2019

The case arose from a private complaint filed by Bimla Devi Agarwal (original complainant) against 12 persons, including the appellants Srinivasan Iye...

Supreme Court

Supreme Court Dismisses Appeal in Medical Negligence Case — No Negligence Found in Treatment and Discharge of Cancer Patient. Doctor's Decision to Administer Oral Antibiotic and Discharge Patient Held to Be Within Accepted Medical Practice Under Bolam Test.

1 Feb 2019

The appellant, Vinod Jain, filed a consumer complaint alleging medical negligence against Santokba Durlabhji Memorial Hospital and Dr. R.K. Jat after ...

Supreme Court

Supreme Court Allows State's Appeal Against High Court's Refusal of Leave to Appeal in Acquittal Case. High Court Erred by Applying Wrong Test Under Section 378(3) Cr.P.C. and Ignoring Medical Evidence of Fracture.

31 Jan 2019

The State of Maharashtra appealed against the High Court's order dated 13.06.2008 rejecting its application for leave to appeal against the acquittal ...

Supreme Court

Supreme Court Dismisses Appeals of Convicts in Murder Case — Concurrent Findings of Guilt Based on Credible Eyewitness Testimony Upheld. Non-Recovery of Weapon and Acquittal of Co-Accused Do Not Undermine Prosecution Case Under Section 302/34 IPC.

31 Jan 2019

The Supreme Court dismissed two criminal appeals arising from a common judgment of the Rajasthan High Court, which had affirmed the conviction of the ...

Supreme Court

Supreme Court Allows State Appeal in Externment Case Under Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 — Additional District Magistrate Competent to Pass Externment Orders Under Section 13 Notification. The Court held that the High Court erred in relying on Ajaib Singh v. Gurbachan Singh as the statutory scheme under the Adhiniyam, 1990, including Section 18, expressly permits delegation of powers to Additional District Magistrates.

30 Jan 2019

The State of Madhya Pradesh appealed against a Division Bench judgment of the High Court that had quashed externment orders passed by the Additional D...

Supreme Court

Supreme Court Dismisses Appeal Challenging Age Determination in Murder Case. Court Upholds Sessions Judge's Finding That Appellant Was Above 18 Years Based on Birth Certificate Over School Certificate Under Rule 12 of Juvenile Justice Rules, 2007.

30 Jan 2019

The Supreme Court dismissed appeals challenging the Punjab & Haryana High Court's order dismissing as withdrawn the appellant's applications for addit...

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