Court : Supreme Court of India
J U D G M E N T1) This appeal is directed against the final judgment and order dated 14.03.2005 passed by the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No. 774 of 1996 whereby the Division Bench of the High Court upheld the judgment dated 26.02.1996 passed by the learned Sessions Judge, Sagar, in Sessions Case No. 196 of 1995 convicting the appellant herein under Section 302 of the Indian Penal Code (in short `the IPC') and sentenced him to undergo imprisonment for life and fine of Rs.1,000/-, in default, to further undergo rigorous imprisonment for three months. 2) Brief Facts:(a) In Village Chandpur, the accused Prahalad Patel, while cultivating his land had thrown bushes on the path. Daulat- the deceased objected to it and told the accused not to throw the bushes on the path, because of this, there was an altercation between the deceased and the accused. Due to this incident, the accused developed a grudge against the deceased. On 01.02.1995, at around 12 hours, wh...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2011SC1234
J U D G M E N T 1. Leave granted. 2. Heard learned counsel for the claimant, learned counsel for the insurance company and also the learned counsel for respondent nos.1 and 2, the driver and the owner of the offending vehicle. 3. In this case the claim for compensation filed by the appellants was concurrently denied both by the Motor Accident Claims Tribunal (for short, `the Tribunal') as also by the High Court. 4. The material facts of the case are that on 12th January, 2005 while Surender Kumar, the victim, was going on foot, he was hit by a vehicle from behind as the vehicle was driven rashly and negligently and was also in a high speed. The victim sustained several injuries and was rushed to the hospital and was declared dead. After the said incident the appellants, namely, Kusum Lata, wife of the victim and three of his children, two are minor daughters and one is a minor son, filed a claim petition. 5. When the matter came up before the Tribunal, the Tribunal in its award dated 1...
Tag this Judgment!Court : Supreme Court of India
JUDGEMENT1. In any federal or quasi federal nation-state, legislative powers are distributed territorially, and legislative competence is often delineated in terms of matters or fields. The latter may be thought of as comprising of aspects or causes that exist independently in the world, such as events, things, phenomena (howsoever commonplace they may be), resources, actions or transactions, and the like, that occur, arise or exist or may be expected to do so, naturally or on account of some human agency, in the social, political, economic, cultural, biological, environmental or physical spheres. The purpose of legislation would be to seek the exertion of the State power to control, modulate, transform, eliminate or engender such aspects or causes or the effects or consequences of such aspects or causes. While the purpose of legislation could be seen narrowly or purely in terms of intended effects on such aspects or causes, obviously the powers have to be exercised in order to enhance...
Tag this Judgment!Court : Supreme Court of India
J U D G M E N T1) Leave granted.2) These appeals are directed against the common judgment and final order dated 18.05.2010 passed by the Division Bench of the High Court of Calcutta in M.A.T. Nos. 703, 895, 704, 713, 714 and 744 of 2008 whereby the CBI was directed to start investigation afresh in accordance with law treating the complaint dated 21.09.2007 filed by Rukbanur Rahman, brother of Rizwanur Rahman - the deceased, as F.I.R. and to register a case of murder.3) Brief facts:(a) One Rizwanur Rahman-the deceased, a Computer Graphics Engineer fell in love with a girl, namely, Priyanka Todi, daughter of Ashok Kumar Todi. On 18.08.2007, Rizwanur Rahman married Priyanka Todi under the Special Marriage Act, 1954 in the marriage registration office. On 31.08.2007, Priyanka Todi left her father's house and started living in her husband's home at Tiljala within the jurisdiction of Karaya Police Station, Kolkata. The couple informed the Police Commissioner, Deputy Commissioner of Police(So...
Tag this Judgment!Court : Supreme Court of India
J U D G M E N T1. Leave granted in both the matters.2. Since the facts of both the appeals are common, therefore, these appeals are decided by a common judgment. CRIMINAL APPEAL NO. 612 OF 2011(Arising out of SLP (Crl.) No.2687/2010)3. We deem it proper to take the facts of Criminal Appeal arising out of SLP (Crl.)No.2687 of 2010 filed by Velmurugan, Accused No.4 and Anna Lakshmi, Accused No.5 (for short 'A-4 and A-5' respectively). This appeal emanates from the judgment and order dated 22.02.2010 delivered by the Madurai Bench of the High Court of Judicature at Madras in Criminal Original Petition (MD) No.94 of 2006.4. Brief facts which are necessary to dispose of this appeal are recapitulated as under:5. One Kamatchi (deceased), daughter of Duraipandi Nadar (complainant) was married to Anandraj (A-1), son of Mahalinga Nadar on 6.9.2001. Mahalinga Nadar and his wife Anna Lakshmi (A-5) had three sons whose names are shown as under : Mahalinga Nadar--------------------------------------...
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