Tag: Supreme Court Verdict

Supreme Court Overturns Conviction, Says Heated Neighbourhood Disputes Don’t Always Amount to Abetment of Suicide
27Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Overturns Conviction, Says Heated Neighbourhood Disputes Don’t Always Amount to Abetment of Suicide

The Supreme Court acquitted the appellant of the charge under Section 306 IPC, holding that mere involvement in neighbourhood quarrels and heated exchanges, without a clear intention to instigate suicide, does not constitute abetment. The prosecution failed to establish that the appellant's acts left the deceased with no option but to commit suicide, thereby lacking the requisite mens rea. Facts Of The Case: The case pertains to an incident on 12.08.2008, where Sarika, a 25-year-old BA student giving private tuitions, set herself on fire and later succumbed to her injuries. Before her death, her statement was recorded, alleging that the appellant, Geeta, her neighbour, had been harassing her for six months over noise disturbances from Geeta's house. The deceased claimed that Geeta repe...
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Supreme Court Rules in Favor of Unselected Judge Candidate
13Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules in Favor of Unselected Judge Candidate

The Supreme Court ruled that Rule 8(2) of the Uttar Pradesh Higher Judicial Service Rules, 1975, applies only when the number of eligible candidates is less than the advertised vacancies. Since one recommended candidate was rejected, the next eligible candidate (appellant) should have been appointed instead of carrying forward the vacancy. The Court emphasized strict adherence to statutory rules in judicial appointments, reinforcing that vacancies must be filled from the existing merit list unless rules explicitly permit otherwise. The judgment clarifies that "selected direct recruits available for appointment" includes candidates next in line if recommended candidates are not approved. Facts Of The Case: The case involved Tosh Kumar Sharma, who participated in the 2016 recruitment proce...
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No Civil Suit Barrier: Supreme Court Rules Criminal Trial Must Proceed in Land Scam Case
22Jul By The Legal ChamberNo Comments
Supreme Court

No Civil Suit Barrier: Supreme Court Rules Criminal Trial Must Proceed in Land Scam Case

The Supreme Court held that the High Court erred in quashing criminal proceedings under Sections 120B, 415, and 420 IPC against respondents for allegedly fabricating a partition deed and family tree to exclude daughters from property compensation. It ruled that pendency of civil suits does not bar criminal prosecution if a prima facie case exists. The Court emphasized that criminal conspiracy and cheating must be tried independently, reinstating the trial court’s proceedings. The judgment reaffirms that civil and criminal remedies can coexist, ensuring accountability for fraudulent deprivation of property rights. Facts Of The Case: The case revolves around a dispute over compensation amounting to ₹33 crores awarded by the Bengaluru Metro Rail Corporation for ancestral land purchased by K...
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Gun, Gold Chain & Lies: Supreme Court Explains Why Conviction in 2006 Murder Stands
14Jun By The Legal ChamberNo Comments
Supreme Court

Gun, Gold Chain & Lies: Supreme Court Explains Why Conviction in 2006 Murder Stands

The Supreme Court upheld the appellant's conviction for murder (Section 302 IPC) and misappropriation of a gold chain (Section 404 IPC), and under the Arms Act, 1959 (Sections 25 and 27). The conviction relied on circumstantial evidence, including the "last seen" theory and forensic evidence linking the recovered weapon to the deceased's gunshot injury. Facts Of The Case: The case originated from an appeal against a High Court judgment upholding the appellant's conviction for murder and other offenses. The conviction was based on circumstantial evidence, including the "last seen" theory, which placed the appellant with the deceased before the crime. Key evidence included the recovery of articles, such as the weapon used in the crime, and forensic findings that linked the appellant to the...
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No Double Benefits: Supreme Court Clarifies Double Deduction Rules Under Income Tax Act
3Jun By The Legal ChamberNo Comments
Supreme Court

No Double Benefits: Supreme Court Clarifies Double Deduction Rules Under Income Tax Act

The Supreme Court ruled that Section 80-IA(9) of the Income Tax Act, 1961, bars double deductions on the same profits under both Sections 80-IA and 80-HHC. It held that while deductions can be computed separately under different provisions, the total deduction cannot exceed the eligible profits of the business. The Court upheld the Bombay High Court’s interpretation, clarifying that Section 80-IA(9) restricts the allowability—not computation—of deductions, ensuring taxpayers do not claim overlapping benefits under Chapter VI-A. Facts Of The Case: The case involved Shital Fibers Limited, which filed its income tax return for the Assessment Year 2002-03, declaring a taxable income of ₹46,99,293 and claiming deductions under Sections 80-HHC (export profits) and 80-IA (industrial undertaking...
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Supreme Court Cuts Jail Time for Tiger Skin Smugglers :Punishment for Animal Parts Smugglers
24May By The Legal ChamberNo Comments
Supreme Court

Supreme Court Cuts Jail Time for Tiger Skin Smugglers :Punishment for Animal Parts Smugglers

The Supreme Court upheld the conviction under Sections 49-B and 51 of the Wildlife Protection Act 1972 for illegal possession of tiger skins and animal parts, affirming the statutory presumption of guilt under Section 57. While noting investigation lapses, the Court reduced the sentence from 6 to 3 years' imprisonment considering the accused's youth and lack of direct poaching evidence, but imposed a Rs. 25,000 fine to deter wildlife crimes. The judgment balanced strict enforcement of wildlife laws with proportional sentencing. Facts Of The Case: The case stemmed from a CBI operation in March 2001 at a Nagpur petrol pump, where appellants Rajesh and Makbool Ahmed were caught with tiger skins, bones, claws, and antler horns in their car. Acting on a tip-off about illegal wildlife trade, t...
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