Indian Penal Code,1860  - Section 302

Conviction and sentence - Deceased was found lying in an unconscious state on road - Taken to hospital he came to his senses - Gave a dying declaration - Appellant accused - Assaulting deceased - Deceased expired next morning - Trial Court acquitted - High Court upset acquittal - Believed dying declaration - Convicted - Appeal - Some witnesses claimed - Deceased made dying declaration - After regained consciousness - PW-14 claimed till 3 pm, there was no dying declaration - No medical evidence - Suggesting - Deceased was in a fit medical condition to make such a dying declaration -Witnesses heard dying declaration - Reported the matter to PW-14 who made FIR - Would never have failed to mention name - Impugned judgment of High Court set aside and that of trial Court restored - Confirming acquittal - Appeal allowed.

Found In:  Judgement

Special Leave Petition  - Special Leave Petition

Special Leave Petition (SLP) - Filed against revision petition - Revision petition dismissed by National Commission - SLP infructuous.

Found In:  Judgement

Land Acquisition  - Land acquisition

Acquisition of land - Calculation memos - Correctness of - Increased compensation for buildings as well as trees - Ordered solatium @ 15% and interest @ 4% per annum - High Court confirmed compensation - Awarded by reference Court - Further held - In addition to market value of land - Claimants shall be entitled to additional amount calculated @ 12% per annum on such market value - Executing Court allowed execution petitions - Directed Land Acquisition Officer - Deposit decretal amount - Land Acquisition Officer filed revision petitions - Allowed - Appeals - Once APSRTC chosen to challenge - Calculation memos and failed in that exercise right up to this Court - Land Acquisition Officer now trying to challenge very same orders - Respondent was party to all proceedings including Civil Revision Petitions filed by APSRTC - Firstly for its impleadment - Secondly against the order passed by Executing Court - Accepting calculation memos - Respondent did not raise its finger against calculation memos - Presented by decree-holder - Appellants held - Question of correctness of calculation memos - Considered by High Court and this Court at various stages cannot be entertained - Order of High Court set aside - Executing Court restored - Appeals allowed - No costs.

Found In:  Judgement

Indian Penal Code,1860  - Section 302 , Section 34

Murder with common intention - Conviction and sentence - All the three accused persons had taken part in the beating of deceased and all the accused persons dragged him in the room and closed the door - Boy was hung with a hook in the ceiling. His feet were dangling and he was dead - the trial Court, acquitted the accused persons dis-believing the eye witnesses and held that their presence was doubtful - High Court convicted the three accused persons of the offence under Section 302 read with Section 34, IPC - Appeal - Incident happened at about 5 O'Clock in the evening - FIR at 6.40 p.m. - 8 Kms. away from the spot of occurrence - could not be said to be late reporting - Timing is slightly irregular - Would not be sufficient to reach a conclusion - FIR was ante-timed - Residence of PW-1 was hardly 300-350 steps away from the Pico centre where the incident was happening - Call this witness a chance witness is a perversity - PW-1, the author of the FIR had seen his own son being killed by three bullies of the locality - Sessions Judge did not take into consideration the evidence of the doctor who supported the prosecution case - No explanation from the accused persons, as to how the body was found in a hanging position in the house of one of the accused - All the three accused persons had acted with common intention of causing the death and guilty with the aid of Section 34, IPC - Appeal dismissed.

Found In:  Judgement

The Arbitration and Conciliation Act, 1996  - Section 11 (6) , Section 9

Appointment of Arbitrator - Violation of Original Agreement - Obligations under clause 13 of agreement - Not discharged - Giving rise to disputes - Supreme Court - Appointed a sole Arbitrator - Dispute regarding interpretation - Effect of Clause 4 of termination agreement - Adjudication by arbitration - Petition allowed.

Found In:  Judgement

Indian Penal Code,1860  - Section 120-B , Section 302 , Section 201 , Section 404 , Section 414 , Section 457 , Section 460 , Section 34 , The Arms Act,1959  - Section 4 , Section 25

Criminal conspiracy, murder - Causing disappearance of evidence, robbery with common intention - Conviction and sentence - appellants trespassed the house of deceased by night - Looted and decamped with looted ornaments of silver and gold, cash and other articles - Murder weapon 'Jharbad' - Recovered from A-3 - Trial Court convicted all the 3 - Sentence A-3 to death - Awarded life imprisonment to other 2 accused - High Court - Confirmed sentences - Appeal - prosecution proved case against A-3 - Involved in robbery - Clear from the human blood detected on his clothes - Murder weapon recovered at his instance - A-3 found in possession of huge amount of gold - In form of ornaments ingots and cash for which no explanation - Four gold bangles were identified by A-4 - Seized from A-2 - Chain was identified by him seized from A-1-Ornaments correctly identified - A-1 also found in possession of - Stolen property immediately after the theft - Directly connected with crime - His shirt and shoes were stained with human blood - No explanation - Also no explanation about huge amount of silver ornaments with him - Supreme Court - Merely because - Recoveries from the same place - Already visited by police - Would not dispel evidence of discovery and recovery - Conviction of 3 accused/appellants confirmed - Not clear from the evidence - Who was the actual author of injuries on deceased - No definite evidence about the acts - Each accused - Death sentence to A-3 modified to life imprisonment - Appeals dismissed.

Found In:  Judgement

Indian Penal Code,1860  - Section 302 , Section 34

Conviction and sentence - High court confirmed - Conviction - Rigorous imprisonment for life - Enhanced to sentence of death -Supreme Court - All culpable homicides amounting to murder are inhuman - Judgments of the lower Courts affirmed - Sentence modified to life imprisonment instead of death sentence - Appeal partly allowed.

Found In:  Judgement

Narcotic Drugs and Psychotropic Substances Act, 1985  - Section 80 , Section 21 , Section 29

Conviction under - Trial court convicting the accused - Appeals against - Prosecution established that on the secret information, a raid was conducted and truck was intercepted - 3.056 kgs. of heroin recovered from the possession of the driver of the truck and accused accompanying him - Evidence on record establishing the seizure of the contraband from the residence of appellant in a raid - No interference - Appeals dismissed.

Found In:  Judgement

Indian Arbitration Act, 1940  - Section 30 , Section 33

Arbitration Award - Whether based on correct interpretation of Clause 2.3 of the Notice Inviting Tender (N.I.T.) - Held, plain reading of the Notes shows that the rates for the second year, for which the work was extended as per the agreement, had to be fixed by taking into consideration the statutory wages of the dock labourers - Revision of wages granted retrospectively would have no consequence whatsoever - Arbitrators have no jurisdiction to make an award against the specific terms of contract executed between the parties - Leading Apex Court cases referred - Nor could the incidental claim for payment of interest - Accordingly, the award made by the Arbitrators set aside except to the extent of a sum of Rs. 8,63,953/-which amount shall be payable to the respondent with interest @ 9% p.a. from1.4.1985 - Appeal allowed in part.

Found In:  Judgement