Monday, 26 December 2022

Important Judgment of Supreme Court the year 2022(Part 3)

 

1) What is Impact Of Reduction Of Number Of Convicts Below 5 Pending An Appeal Against Conviction U/Sec 149 IPC Owing To Death Of Co-Convicts?

16. The long and short of the aforesaid discussion is that the mere fact that seven out of the ten convicts died, either during the pendency of Criminal Appeal No. 1510/1992 before the High Court or during the pendency of this appeal, could not be a reason, by that itself, to canvass non applicability of the provision for constructive/vicarious liability, arising out of the achievement of the common object by the unlawful assembly.

IN THE SUPREME COURT OF INDIA 

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 965 OF 2018; 

Gurmail Singh & Anr. VsState of Uttar Pradesh & Anr.

Coram: C.T. RAVIKUMAR; J., SUDHANSHU DHULIA; J.

Dated; October 17, 2022

Author: C.T. RAVIKUMAR, J.

https://www.lawweb.in/2022/10/what-is-impact-of-reduction-of-number.html



2) Can the court convict the accused even if the weapon of offence is not seized?

Similarly, assuming that the recovery of the weapon used is not established or proved also cannot be a ground to acquit the accused when there is a direct evidence of the eye witness. Recovery of the weapon used in the commission of the offence is not a sine qua non to convict the accused. If there is a direct evidence in the form of eye witness, even in the absence of recovery of weapon, the accused can be convicted. S

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NOS. 1750-1751 OF 2022;

State Vs Laly @ Manikandan & Another Etc.

Coram: M.R. SHAH; J., KRISHNA MURARI; J.

Dated; OCTOBER 14, 2022

Author: M.R. SHAH, J.

https://www.lawweb.in/2022/10/can-court-convict-accused-even-if.html


3) Whether the court must release accused on anticipatory bail if his custodial interrogation is not required?

The first and foremost thing that the court hearing an anticipatory bail application should consider is the prima facie case put up against the accused. Thereafter, the nature of the offence should be looked into along with the severity of the punishment. Custodial interrogation can be one of the grounds to decline custodial interrogation. However, even if custodial interrogation is not required or necessitated, by itself, cannot be a ground to grant anticipatory bail.

IN THE SUPREME COURT OF INDIA

 CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.1834/2022 

 SUMITHA PRADEEP  Vs ARUN KUMAR C.K & ANR.

Coram: SURYA KANT; J., J.B. PARDIWALA; J. 

Dated; 21ST OCTOBER, 2022.

https://www.lawweb.in/2022/10/whether-court-must-release-accused-on.html

4) Can the court convict an accused for adulteration of paneer if paneer has moisture due to natural causes?

IN THE SUPREME COURT OF INDIA 

CRIMINAL APPELLATE JURISDICTION 

CRIMINAL APPEAL NO.1800 OF 2022 

 M/S BHATTACHARJEE MAHASYA & ANR. Vs. THE STATE OF WEST BENGAL & ANR.

Coram: S. ABDUL NAZEER; J., V. RAMASUBRAMANIAN; J.

Dated:  October 17, 2022 

https://www.lawweb.in/2022/10/can-court-convict-accused-for.html

5) Under which circumstances the court can refuse to implead purchaser of immovable property to continue suit for specific performance of contract?

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 5909 OF 2022 

LIFE INSURANCE CORPORATION OF INDIA Vs SANJEEV BUILDERS PRIVATE LIMITED & ANR.

Coram: ANIRUDDHA BOSE; J., J.B. PARDIWALA; J.

Author: J.B. PARDIWALA, J.

Dated: September 1, 2022

https://www.lawweb.in/2022/10/under-which-circumstances-court-can.html

6) How to distinguish whether a particular endowment is public or private?

IN THE SUPREME COURT OF INDIA

 CIVIL APPELLATE JURISDICTION 

CIVIL APPEAL NOS. 3964-3965 OF 2009; 

R.M. SUNDARAM @ MEENAKSHISUNDARAM Vs  SRI KAYAROHANASAMY AND NEELAYADHAKSHI AMMAN TEMPLE 

Coram: AJAY RASTOGI; J., SANJIV KHANNA; J. 

Dated: JULY 11, 2022.

https://www.lawweb.in/2022/10/how-to-distinguish-whether-particular.html

7) How to prove that a subsequent suit is barred by O 2 R 2 of CPC?

IN THE SUPREME COURT OF INDIA

 CIVIL APPELLATE JURISDICTION 

CIVIL APPEAL NOS. 3964-3965 OF 2009; 

R.M. SUNDARAM @ MEENAKSHISUNDARAM Vs  SRI KAYAROHANASAMY AND NEELAYADHAKSHI AMMAN TEMPLE 

https://www.lawweb.in/2022/10/how-to-prove-that-subsequent-suit-is.html

8) Can the court permit the plaintiff to add any party to suit even if that party is neither necessary nor proper?

 9.0. From the impugned order passed by the High Court, it appears that what has weighed with the High Court is that plaintiffs, is the dominus litus and heavy reliance is placed in the case of Kasturi (supra). However, the principle that the plaintiffs is the dominus litus shall be applicable only in a case where parties sought to be added as defendants are necessary and / or proper parties. Plaintiffs cannot be permitted to join any party as a defendant who may not be necessary and / or proper parties at all on the ground that the plaintiffs is the dominus litus.

IN THE SUPREME COURT OF INDIA

 CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS. 3703-3750 OF 2022;

ASIAN HOTELS (NORTH) LTD. Vs ALOK KUMAR LODHA & ORS.

Coram:  M.R. SHAH; J., B.V. NAGARATHNA, J. 

Author: M.R. SHAH, J.

Dated:  JULY 12, 2022 

https://www.lawweb.in/2022/10/can-court-permit-plaintiff-to-add-any.html

9) Supreme Court: Minister/Public Servant Can File Private Complaint Alleging Defamation; Need Not Follow Special Procedure U/Sec 199 (2) & (4) CrPC

 IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 1791 of 2022 

Decided On: 17.10.2022

Manoj Kumar Tiwari  Vs. Manish Sisodia and Ors.

Hon'ble Judges/Coram:

S. Abdul Nazeer and V. Ramasubramanian, JJ.

Author:V. Ramasubramanian, J.

Citation: MANU/SC/1349/2022.

https://www.lawweb.in/2022/10/supreme-court-ministerpublic-servant.html

10) Whether Statements Like 'I Will Expose Your Scam' Against A Minister is Defamatory?

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 1791 of 2022 

Decided On: 17.10.2022

Manoj Kumar Tiwari  Vs. Manish Sisodia and Ors.

https://www.lawweb.in/2022/10/whether-statements-like-i-will-expose.html

11) Supreme Court: Precaution which Magistrate should take before issue of process against accused


IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 1757 of 2022.

Decided On: 11.10.2022

Lalankumar Singh and Ors.  Vs.  State of Maharashtra

Hon'ble Judges/Coram:

B.R. Gavai and C.T. Ravikumar, JJ.

Author: B.R. Gavai, J.

Citation: MANU/SC/1301/2022

https://www.lawweb.in/2022/10/supreme-court-precaution-which.html

12) Whether suit got abated against all the plaintiffs when suit is abated against one of the plaintiff in the joint claim?

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL No.7145 OF 2022

SIRAVARAPU APPA RAO & ORS. Vs DOKALA APPA RAO 

Dated: OCTOBER 11, 2022.

https://www.lawweb.in/2022/10/whether-suit-got-abated-against-all.html

13) Supreme Court: Profit-oriented Educational Institutions not entitled to tax emption under Section 10(23C) of the Income Tax Act, 1961

In the Supreme Court of India

(Before Uday U. Lalit, C.J. and S. Ravindra Bhat and P.S. Narasimha, JJ.)

Civil Appeal No. 3795 of 2014

New Noble Educational Society Vs Chief Commissioner of Income Tax 1

Decided on October 19, 2022

2022 SCC OnLine SC 1458

https://www.lawweb.in/2022/10/supreme-court-profit-oriented.html

14) What is distinction between a precedent and the operation of the doctrine of res judicata?

IN THE SUPREME COURT OF INDIA 

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS. 7691 - 7694 OF 2022

 S. RAMACHANDRA RAO Vs S. NAGABHUSHANA RAO & ORS.

Coram: DINESH MAHESHWARI; J., ANIRUDDHA BOSE; J.

Author: DINESH MAHESHWARI, J.

Dated:  OCTOBER 19, 2022 

https://www.lawweb.in/2022/10/what-is-distinction-between-precedent.html

15) Supreme Court: Applications And Appeals Under Arbitration Act, Except International Arbitration Shall Be Heard By Designated Commercial Courts

 REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 6876 OF 2022

Jaycee Housing Pvt. Ltd. & Ors Vs Registrar (General), Orissa High Court, 

Author: M.R. SHAH, J.

Dated: OCTOBER 19, 2022

https://www.lawweb.in/2022/10/supreme-court-applications-and-appeals.html

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