LawforAll

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Thursday, May 16, 2024

Penal Code, 1860 – s. 302 and s. 307 – Prosecution case was that victim went to sleep in chaubara of the house which was not having any shutter, whereas PW-5 (first informant) along with the other family members slept in a room on the ground floor – PW-5 heard a knock on the door in which she was sleeping – She opened door and she saw the accused appellant standing there armed with a knife – Appellant inflicted an injury with the weapon on the abdomen of PW-5 – Another assailant who was accompanying appellant caught hold of her arm – On raising alarm, both assailants ran away – Then, PW-5 went upstairs and found her husband-victim severly injured – Victim died on the way to hospital – Trial Court framed charges against the appellant – Another accused KS was also summoned to face trial – The Trial Court acquitted KS, however, the appellant was convicted u/ss. 302 and 307 IPC – High Court dismissed the appeal against the conviction – Correctness:

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* Author [2024] 4 S.C.R. 707 : 2024 INSC 312 Kirpal Singh v. State of Punjab (Criminal Appeal No. 1052 of 2009) 18 April 2024 [B.R. Gavai an...

Code of Civil Procedure, 1908 – s. 47 – Questions to be determined by the Court executing decree – Objections u/s. 47 – Property originally owned by defendant No.1 – Execution of agreement to sell the property by the brother of defendant No.1- defendant No.2 and also the power of attorney of defendant No.1, for himself and for the principal defendant No.1 with the plaintiff – Pursuant thereto, the vendor not executing the sale deed – Suit for specific performance by the plaintiff against defendant no.1 and no.2 – During pendency, the parties entered into a compromise and the suit was decreed – Execution petition by the plaintiff – Objections by the defendant no. 1 – Objections dismissed and in the meantime the defendant no. 1 died – Thereafter, order dismissing the objections challenged by the son of defendant no. 2, and legal heir of defendant No. 1 claiming rights under a sale executed by defendant no 1, which was dismissed – Special Leave Petition thereagainst also dismissed – However, new round of objections u/s. 47 initiated by respondent no. 1-wife of defendant no. 2 – Dismissed by the executing court – In revision petition, the High Court set aside the order passed by the Executing Court and held that the decree passed by the trial court was inexecutable and a nullity – Correctness:

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* Author [2024] 4 S.C.R. 694 : 2024 INSC 329 Rehan Ahmed (D) Thr. Lrs. v. Akhtar Un Nisa (D) Thr. Lrs. (Civil Appeal No. 5218 of 2024) 22 Ap...

Code of Criminal Procedure, 1973 – s. 439 – Discretion to grant bail ought not to be used arbitrarily, capriciously, and injudiciously – Appeal allowed – High Court ought not to have been granted bail on account of (i) seriousness of the crime; (ii) conduct of accused persons; and (iii) overall impact of crime on the society.

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* Author [2024] 4 S.C.R. 686 : 2024 INSC 323 Ramayan Singh v. State of Uttar Pradesh & Anr. (Criminal Appeal No. 2168 of 2024) 19 April ...

Madhya Pradesh Foreign Liquor Rules, 1996 – r.19 – Penalties – Permissible limits of loss of liquor in transit due to leakage, evaporation, wastage etc. – During the relevant license period of 2009-2010 when the violation occurred, r.19 provided that if permissible limits of loss of liquor exceeded, imposition of penalty was to be about four times the maximum duty payable on foreign liquor – However, no action was initiated against the appellant during the relevant license period– r.19 was substituted by an amendment in 2011 reducing penalty to an amount not exceeding the duty payable on foreign liquor – Demand notice issued in 2011 – Payment of penalty, if to be as per the repealed r.19 or the substituted r.19:

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* Author [2024] 4 S.C.R. 664 : 2024 INSC 327 Pernod Ricard India (P) Ltd. v. The State of Madhya Pradesh & Ors. (Civil Appeal Nos. 5062-...