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The present case is the most brutal, barbaric, and gruesome murder of a 60-year-old mother by her son on 28-08-2017 at Makadwala Vasahat, Kolhapur, where her body parts, i.e., liver, intestine, heart, rib and breast were eviscerated outside
An update on new additions of case laws to SCC’s High Court Cases volume.
“For cheating, criminal intention is necessary at the time of making a false or misleading representation i.e., since inception. In criminal breach of trust, mere proof of entrustment is sufficient. Thus, in case of criminal breach of trust, the offender is lawfully entrusted with the property, and he dishonestly misappropriated the same. Whereas, in cheating, the offender fraudulently or dishonestly induces a person by deceiving him to deliver any property.”
Arbitration and Conciliation Act, 1996 — Ss. 34 and 37 — Interference with award by Court: Law regarding limited jurisdiction of Court
Perusing relevant provisions of Guardianship Act, the Court pointed out that a father is a natural guardian of a minor in the absence of any order otherwise passed by a Court of competent jurisdiction.
The Court opined that the applicant has a bright future and is apprehensive of the stigma of conviction that may ruin his future, therefore, it was expedient to release him on probation under the Section 4 benefit
The Bharatiya Nyaya Sanhita, 2023 flows in the right direction, replacing the Penal Code, 1860 and is enforced from 01-07-2024.
“Though the charge sheet is filed after due investigation without prior permission of the Court and that the Magistrate has accepted the charge sheet and taken the cognizance, it does not mean that permission is granted by the Magistrate to investigate such non-cognizable offence.”
Arbitration and Conciliation Act, 1996 — S. 11(6) — Issue of limitation — Adjudication of, as an admissibility issue at the stage
The Court stated that to speak or not to speak has always been a dilemma for a person called for giving his statement before the Customs Officer, Central Sales Tax Officer, Police Officer etc, as the implications are serious.
The Court stated that as the executive has largely been unsuccessful in curbing the escalating threat of cybercrime, one potential solution could involve limiting the maximum number of prepaid SIM cards per individual as cybercrime predominantly takes place through prepaid SIM cards.
Arbitration and Conciliation Act, 1996 — Ss. 11(14) & Expln. thereto [as they stood prior to the 2019 Amendment Act], 31(8), 31-A,
Appellate Jurisdiction under Section 37(2) of the Arbitration Act: Jurisprudence on the setting aside awards under Section 34 of the Arbitration Act
‘Victim would have thought that she would find monastery in the lap of her father, instead, he turned out to be a monster.’
The Court opined that it is faced with a situation where it has to balance the interest of the State and the Country on the one hand, and the longing of an accused to see his parents, who are unable to travel to Delhi.
“If such influence whether for monetary reason or under threat or coercion, if can be exercised over police and prison authorities so effectively who are basically enforcers of law then it can be well imagined how Abbas Ansari can effectively garner power to influence any witness or to persuade him to change his stand and this aspect if seen in light of the fact that the evidence is yet to commence”
Petitioner has shown remorse for his conduct and undertakes not to repeat the same in future. Respondent 2 also states that he has settled the disputes with the petitioner out of his own free will, volition and without any coercion.
“The essence of gender-neutrality must permeate through every line of a judgment, and a judge must cultivate thoughts that are inherently gender-neutral.”
“If a person committing suicide is hypersensitive and the allegations attributed to the accused are otherwise not ordinarily expected to induce a similarly situated person to take the extreme step to commit suicide, it will be unsafe to hold the accused guilty of abetment of suicide.”
The amount of compensation is fixed as a token to remind the Judicial Officers that before taking cognizance and during judicial inquiry and trial, it is the bounden and obligatory duty to go through the complaint carefully and then take cognizance.