Search Results for "Failure of justice"

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Search Results for "Failure of justice"

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Supreme Court

Supreme Court Allows Appeals in NDPS Case: Summoning Under Section 319 CrPC After Conviction Is Impermissible. The power under Section 319 CrPC can be exercised only before the pronouncement of judgment; once the trial concludes and judgment is pronounced, the court becomes functus officio.

10 May 2019

The Supreme Court of India heard two criminal appeals arising from a common judgment of the Punjab and Haryana High Court, which had dismissed crimina...

Supreme Court

Supreme Court Sets Aside Remand Order in Murder Case, Directs High Court to Decide Appeal on Merits — Child Witness Competency Erroneously Assessed by Trial Court. The Court held that the trial court's refusal to record evidence of child witnesses solely because they did not know the judge was manifestly erroneous, but remand after five years would cause prejudice; hence the High Court must decide the appeal on existing evidence.

10 May 2019

The appellant, P Ramesh, was convicted by the Sessions Judge, Fast Track Mahila Court, Virudhunagar District at Srivilliputtur for the murder of his w...

Supreme Court

Supreme Court Reduces Sentence in Gang Rape Case Due to No Criminal Antecedents and Good Jail Conduct. The court held that conviction under Section 376(2)(g) IPC is valid even without specific charge if evidence establishes gang rape, and reduced sentence from 15 to 8 years for adequate and special reasons.

30 Apr 2019

The Supreme Court partly allowed appeals against the judgment of the High Court of Manipur which affirmed the conviction of the appellants under Secti...

Supreme Court

Supreme Court Commutes Death Sentence to Life Imprisonment for Mentally Ill Accused in Rape and Murder Case — Non-Compliance with Section 235(2) CrPC and Supervening Mental Illness Considered

12 Apr 2019

The Supreme Court of India heard a review petition filed by an accused (referred to as 'Accused X') against his conviction and death sentence for the ...

Supreme Court

Supreme Court Dismisses Appeal in Seniority Dispute Over Catch-Up Rule for Reserved Category Promotions. Consequential Seniority for Scheduled Caste Promotee Upheld as Regular Promotion Not Fortuitous.

5 Mar 2019

The case involves a seniority dispute between two officers of the Government of Maharashtra: Sudhakar Baburao Nangnure (appellant, open category) and ...

Supreme Court

Supreme Court Upholds Conviction Under Section 302 IPC for Fatal Head Injury Despite Acquittal of Co-Accused. The Court held that the sole eyewitness testimony, corroborated by medical evidence and recovery, was sufficient to sustain the conviction for murder.

15 Feb 2019

The case involves an appeal by Kripal Singh against his conviction under Section 302 IPC for the murder of Yashwant. The incident occurred on 28 July ...

Supreme Court

Supreme Court Upholds Conviction of Two Accused in Murder Case Under Section 302/34 IPC — High Court's Alteration of Charge from Section 302/149 to Section 302/34 Upheld

12 Feb 2019

The Supreme Court dismissed the appeal filed by Phuman Singh and Kashmiro, upholding their conviction under Section 302 read with Section 34 of the In...

Supreme Court

Supreme Court Upholds Conviction Under NDPS Act for Charas Possession — Informant as Investigating Officer Does Not Automatically Vitiate Trial. The Court held that Section 50 NDPS Act does not apply to search of bags, and the informant being the investigating officer does not per se vitiate the trial if no prejudice is shown and the law was nebulous.

11 Feb 2019

The appellant, Varinder Kumar, was convicted under Section 20(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for posses...

Supreme Court

Supreme Court Allows Appeal in Criminal Case for Additional Evidence Under Section 391 CrPC — Trust Deed and Resolution Crucial for Defence. The Court held that the appellate court has wide discretion to take additional evidence if necessary for a just decision, and the rejection of applications under Section 391 CrPC was erroneous.

28 Jan 2019

The Supreme Court allowed the appeal filed by Brig. Sukhjeet Singh (Retd.) against the judgment of the Allahabad High Court dated 17.01.2017, which ha...

Supreme Court

Supreme Court Allows Appeal in Partition Suit Execution — Objection to Territorial Jurisdiction Cannot Be Raised in Execution Proceedings Under Section 47 CPC. The Court held that an objection to territorial jurisdiction must be raised at the earliest opportunity in the trial court under Section 21 CPC and cannot be entertained in execution unless lack of inherent jurisdiction appears on the face of the record.

7 Jan 2019

The appeal arose from a judgment of the High Court of Jharkhand which restored an objection under Section 47 CPC filed by the first respondent in exec...

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