Hibbaan/DIVYADRISHTI huggingface dataset:
STATE OF GUJARAT & ORS. ETC.versusDR. P. A. BHATT & ORS. ETC.
Case No.: CIVIL APPEAL No. 8553/2014
Decision Date: 26-04-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC434

V. RAMASUBRAMANIAN*, PANKAJ MITHAL Service Law : Equal Pay – Allopathy doctors and doctors of indigenous medicine-, if can be said to be performing “equal work” so as to be entitled to “equal pay Non-MBBS medical officers seeked extension of the benefit of higher scales of pay on parity on the basis of the recommendations of Tikku Pay Commission – – Held: Classification based upon educational qualification for the grant of higher pay scale, is a valid classification – Both categories of doctors are certainly not performing equal work to be entitled to equal
ANIL KUMARversusSTATE OF HARYANA & ORS.
Case No.: TRANSFERRED CASE (CRIMINAL) No. 46/2022
Decision Date: 24-03-2023
Disposal: Dismissed
Neutral Citation: 2023INSC296

M.R. SHAH*, C.T. RAVIKUMAR Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 – s.3(3) – Petitioner was released on emergency parole/ temporary parole pursuant to the decision of the High-Powered Committee constituted as per the orders issued by Supreme Court, due to the Covid-19 pandemic – Such be counted towards the total period of sentence of the petitioner – Held: No – In the State of Haryana, the temporary release on parole is governed by the statutory provisions of the 1988 Act – s.3(3) of the 1988 Act specifically provides that the period of temporary release
UNION BANK OF INDIAversusRAJAT INFRASTRUCTURE PVT. LTD. & ORS. AND M/S. SUNVIEW ASSETS PVT. LTD.
Case No.: CIVIL APPEAL No. 1902/2020
Decision Date: 04-10-2023
Disposal: Dismissed
Neutral Citation: 2023INSC869

ANIRUDDHA BOSE*, BELA M. TRIVEDI HEADNOTES Issue for consideration: Applicant-Auction Purchaser sought directions against the Appellant-Bank for issuance of sale letter in its favour on the ground that it has made the payment of the auction amount with interest in terms of the order of this Court dated 12.05.2020. Whether the extension of time sought by the Applicant in the various applications was permissible and even if permissible, whether the Applicant had in fact complied with the orders passed by the Decision Date : 04-10-2023 | Case No : CIVIL APPEAL No. 1902/2020 | Disposal Nature : Dismissed  | Direction Issue : M.A. dismissed.  |  Bench : 2 Judges
ASHWINI KUMAR UPADHYAYversusUNION OF INDIA & ORS.
Case No.: WRIT PETITION (CIVIL) No. 190/2023
Decision Date: 27-02-2023
Disposal: Dismissed
Neutral Citation: 2023INSC174

K.M. JOSEPH*, B.V. NAGARATHNA Constitution of India – Article 32, 14 – Petition filed seeking directions – to the Home Ministry to constitute a Renaming Commission to find out original names of ancient historical cultural religious places, named after barbaric ASI to research and publish their initial names; to the Centre and State Governments to update their websites and records – Held: Secularism has been accepted as a facet of the basic structure of the Constitution – Bharat is a secular nation committed to securing fundamental rights to
SHANKARversusTHE STATE OF MAHARASHTRA
Case No.: CRIMINAL APPEAL No. 954/2011
Decision Date: 15-03-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC234

AJAY RASTOGI*, C.T. RAVIKUMAR Penal Code 1860: s. 302 r/w 34 – Conviction under, on basis of circumstantial evidence – Sustainability of – Prosecution case that the victim assaulted with sharp weapons, sustained 22 ante- mortem injuries leading to instantaneous death – On the fateful day, the victim also came there and the appellant in the latter appeal hurled abuses on the victim and asked him why he along with his friend had assaulted his brother, though the victim denied the assault – Later, the accused invited the victim for drinks and all of them left the house of PW 8 on
VERNONversusTHE STATE OF MAHARASHTRA & ANR.
Case No.: CRIMINAL APPEAL No. 639/2023
Decision Date: 28-07-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC655

ANIRUDDHA BOSE*, SUDHANSHU DHULIA Unlawful Activities (Prevention) Act, 1967 – Chapters IV and VI- ss.16, 17, 18, 18B, 20, 38, 39, 40 and ss.13, 43D(5) – Denial of bail – When not justified – Bhima-Koregaon violence – FIR – Scope of the investigation was expanded – Searches were conducted – Case of the NIA is that various letters and other materials recovered from the arrested co-accused persons showed appellants’ involvement with the CPI (Maoist), an organization placed in the First Schedule to the 1967 Act as a terrorist organization – It is alleged that the
STATE OF GUJARAT AND ORS.versusJAYANTIBHAI ISHWARBHAI PATEL
Case No.: CIVIL APPEAL No. 1753/2023
Decision Date: 17-03-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC253

M.R. SHAH*, MANOJ MISRA Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 : s. 24(2) – Land acquisition, when deemed to have lapsed – Subject land acquired in 1992 for resettlement Project – Consent order passed for payment of 90% and 10% compensation, however the land owner did not accept the same – Land owner applied for cancellation of acquisition – Thereafter, order of compensation under the award came to be cancelled – However, land owner in possession of land and
ANOOP BARANWALversusUNION OF INDIA
Case No.: WRIT PETITION (CIVIL) No. 104/2015
Decision Date: 02-03-2023
Disposal: Case Partly allowed
Neutral Citation: 2023INSC190

K.M. JOSEPH*, AJAY RASTOGI*, ANIRUDDHA BOSE, HRISHIKESH ROY, C.T. RAVIKUMAR Election Laws: Constitution of India – Arts. 324(2), 32 and 142 –Appointment of Chief Election Commissioner and Election Commissioners – Method of – Independence of Election Commission – Constitutional validity of the practice of Union of the members of the Election Commission – Held: The vacuum in the case of Art.324(2) is the absence of the law which Parliament was contemplated to enact – This Court is concerned with the devastating effect of continuing to leave appointments in the sole hands of the Executive on
H. J. BAKER AND BROS. INCversusTHE MINERALS AND METALS TRADE CORPORATION LTD. (MMTC)
Case No.: CIVIL APPEAL No. 2437/2010
Decision Date: 18-08-2023
Disposal: Dismissed
Neutral Citation: 2023INSC747

S. RAVINDRA BHAT*, ARAVIND KUMAR HEADNOTES Issue for consideration : In the instant appeals, the order passed by the Division Bench of the High Court, which partly interfered with an arbitration award by upholding the fi ndings of the Single Judge of the High Court to the damages for certain period, but set aside the award for the balance period, is challenged. Arbitration – Award of damages – Interference with – Award of damages for breach of contract for certain periods – Upheld by the Single Judge of the High Court, however, the
DERHAversusVISHAL & ANR.
Case No.: CIVIL APPEAL No. 4494/2010
Decision Date: 01-09-2023
Disposal: Dismissed
Neutral Citation: 2023INSC785

C.T. RAVIKUMAR*, SANJAY KUMAR HEADNOTES Issue for consideration: High Court, whether justifi ed in partly allowing the second appeal and reducing the appellant’s share holding that he would be entitled to 1/6th share in the suit properties. Hindu Succession Act, 1956 – ss.6, 8 – One ‘P’ died in (appellant’s mother), a daughter born through his fi rst wife and ‘V’ and ‘KB’, a son and a daughter born through his second wife – In a suit fi led by ‘K’ (since deceased) claiming her share in the coparcenary properties, Trial Court
ASHOK GULABRAO BONDREversusVILAS MADHUKARRAO DESHMUKH AND OTHERS
Case No.: CRIMINAL APPEAL No. 1931/2011
Decision Date: 12-04-2023
Disposal: Disposed off
Neutral Citation: 2023INSC724

SANJAY KISHAN KAUL*, BHUSHAN RAMKRISHNA GAVAI Code of Criminal Procedure, 1973 – s.195 – Documents allegedly fabricated and forged prior to filing in evidence, embargo u/s.195 if applicable – On appeal, held: s.195(1)(b)(ii) would be attracted only when the offence enumerated in the said provision was of a document after it has been produced or filed in evidence during proceedings before any Court, i.e. during the time when the document is custodia legis – In such a case, the Court will be entitled to take cognizance of the offence only on the basis of the complaint made by the
SMRITI DEBBARMA (DEAD) THROUGH LEGAL REPRESENTATIVEversusPRABHA RANJAN DEBBARMA AND OTHERS
Case No.: CIVIL APPEAL No. 878/2009
Decision Date: 04-01-2023
Disposal: Dismissed
Neutral Citation: 2023INSC8

SANJIV KHANNA*, J.K. MAHESHWARI Suit – Suit for declaration of title – Burden of proof – Trial court decreed the suit holding that the plaintiff had right, title and interest in the subject property and was entitled to khas possession of the property after evicting all High Court reversed the judgment of trial court holding that plaintiff on basis of evidence and documents placed on record had not been able to discharge the burden of proof to establish legal ownership and title to the subject property – Held: High Court rightly set aside the judgment and
RAJESH JAINversusAJAY SINGH
Case No.: CRIMINAL APPEAL No. 3126/2023
Decision Date: 09-10-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC888

ARAVIND KUMAR*, SARASA VENKATANARAYANA BHATTI HEADNOTES Issue for consideration: Since the execution of the cheque is, admittedly, not under dispute, the limited question to be considered, is (i) whether the accused can be said to have discharged his ‘evidential burden’, for the courts below to have concluded that the presumption Negotiable Instruments Act, 1881 had been rebutted. Negotiable Instruments Act, 1881 – s.139 – Respondent-accused tried for off ence u/s. 138 of NI Act – Trial Court acquitted respondent – Order of acquittal upheld by the High Court – Propriety: Held: There is a
BALWANTBHAI SOMABHAI BHANDARIversusHIRALAL SOMABHAI CONTRACTOR (DECEASED) REP. BY LRS. & ORS.
Case No.: CIVIL APPEAL No. 4955/2022
Decision Date: 06-09-2023
Disposal: Dismissed
Neutral Citation: 2023INSC805

J.B. PARDIWALA*, MANOJ MISRA HEADNOTES Issues for consideration: Whether the wilful breach of an assurance in the form of an undertaking given by a counsel/ advocate on behalf of his client to the court would amount to “civil contempt” as defi ned u/s. 2(b) of the Contempt of Court Act, 1971; whether the said to have been given to the court; whether the contempt court has the power to declare any contemptuous transaction non est or void; whether the benefi ciaries of a contemptuous transaction have a right to be heard in the contempt proceedings on the ground that they are necessary or proper
PRINCIPAL COMMISSIONER OF INCOME TAX-10versusM/S KRISHAK BHARTI COOPERATIVE LTD.
Case No.: CIVIL APPEAL No. 836/2018
Decision Date: 15-09-2023
Disposal: Dismissed
Neutral Citation: 2023INSC834

B.V. NAGARATHNA*, PRASHANT KUMAR MISHRA HEADNOTES Issue for consideration: Whether the dividend income earned by the assessee is taxable, although exempted under Omani Tax Laws to entitle the assessee to the benefits of the Double Taxation Avoidance Agreement (DTAA) between India DTAA and Omani Tax Laws – Benefit to the assessee under: Held: A clarification letter dated 11.12.2000 (interpreting the provisions contained in Article 8 and Article 8 (bis) of the Omani Tax Laws) addressed by the Secretary General for Taxation, Sultanate of Oman, Ministry of Finance
GOVERNMENT OF KERALA & ANR.versusJOSEPH AND OTHERS
Case No.: CIVIL APPEAL No. 3142/2010
Decision Date: 09-08-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC693

ABHAY S. OKA*, SANJAY KAROL HEADNOTES Issue for consideration : Whether the impugned judgment, arising out of Second Appeal meets the established criteria for Second Appeal; and whether the respondents are entitled to the relief of adverse possession or is the claim so made, barred by the Kerala Land Conservancy : Principles of – Land being a government poramboke land – Relief of adverse possession sought by the claimants contending that they had acquired title to the land in 1940 and had been in possession and in continued enjoyment since then – Entitlement to: Held : Claimants to
SH. RAKESH RAMANversusSMT. KAVITA
Case No.: CIVIL APPEAL No. 2012/2013
Decision Date: 26-04-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC433

SUDHANSHU DHULIA*, J.B. PARDIWALA Hindu Marriage Act, 1955: s. 13(1)(ia) and (ib) – Divorce – Grounds of cruelty and desertion – Marital discord between the parties – Petition for dissolution of marriage by the husband on the ground that the wife treated him with cruelty and deserted him,that between the parties, and that the wife had filed multiple false and frivolous criminal cases against him – Trial court passed a decree of divorce holding that the wife had deserted the husband and had meted out cruel behaviour against him – However, the High Court set aside
UNION OF INDIA & ORS.versusPARASHOTAM DASS
Case No.: CIVIL APPEAL No. 447/2023
Decision Date: 21-03-2023
Disposal: Disposed off
Neutral Citation: 2023INSC265

SANJAY KISHAN KAUL*, ABHAY S. OKA, B.V. NAGARATHNA Constitution of India – Art. 226 – Service matters relating to members of three-armed forces – Whether the order passed by the Armed Forces Tribunal would be amenable to challenge in the writ jurisdiction under Art. 226 of the Constitution of India before any Held: The judgment in Major General Shri Kant Sharma & Anr. case does not lay down the correct law and is in conflict with judgments of the Constitution Benches rendered prior and later to it, including in L. Chandra Kumar case, S.N. Mukherjee case, and Rojer Mathew case making it abundantly
SAYUNKTA SANGARSH SAMITI & ANRversusTHE STATE OF MAHARASHTRA & ORS.
Case No.: CIVIL APPEAL No. 1359/2023
Decision Date: 15-12-2023
Disposal: Dismissed
Neutral Citation: 2023INSC1080

ANIRUDDHA BOSE*, SUDHANSHU DHULIA HEADNOTES Issue for consideration: An entirely private arrangement was arrived at between the Developer on the one hand and some of the hutment dwellers on the other. Slum Rehabilitation Authority had no role to play in it. Is private agreement as such mandate of the Slum Rehabilitation Authority. Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 – Slum Rehabilitation Authority (SRA) issued a Letter of Intent in favour of Developer for residential tenements – In 2007, the project was stalled by a
MOHINDER PAL AND OTHERSversusSTATE OF J & K
Case No.: CRIMINAL APPEAL No. 1863/2010
Decision Date: 12-01-2023
Disposal: Case Partly allowed
Neutral Citation: 2023INSC26

BHUSHAN RAMKRISHNA GAVAI*, M.M. SUNDRESH Ranbir Penal Code – s.300 Exception I, s.302 and Part I of s.304 – Grave and sudden provocation – Death of two persons, ‘J’ and ‘M’ – Seven accused – Allegation that accused No.1 and his sons forcibly detained ‘J’ and injuries – Sessions Judge acquitted accused nos.5 and 6 but convicted accused nos.1 to 4 and 7 u/s 302, 148 and 149 of RPC – High Court upheld the conviction – Accused no.1 died during pendency of appeal while accused no.2 went absconding – On appeal by accused nos.3, 4 and
M/S. ISNAR AQUA FARMSversusUNITED INDIA INSURANCE CO. LTD.
Case No.: CIVIL APPEAL No. 1077/2013
Decision Date: 08-08-2023
Disposal: Disposed off
Neutral Citation: 2023INSC680

A.S. BOPANNA*, SANJAY KUMAR HEADNOTES Issue for consideration : Appellant, which undertook prawn cultivation, had obtained insurance coverage from respondent under a prawn insurance policy. Major outbreak of a bacterial disease called ‘White Spot Disease’ led to prawns in the appellant’s farm. The insurance claim submitted by appellant was repudiated by respondent-insurance company in its entirety, which was challenged before the National Consumer Disputes Redressal Commission (NCDRC); and, in this second round of litigation before this Court, the
R. K. JIBANLATA DEVIversusHIGH COURT OF MANIPUR THROUGH ITS REGISTRAR GENERAL AND OTHERS
Case No.: WRIT PETITION (CIVIL) No. 1209/2021
Decision Date: 24-02-2023
Disposal: Case Allowed
Neutral Citation: 2023INSC164

M.R. SHAH*, C.T. RAVIKUMAR Service Law – High Court of Manipur Officers and Employees Recruitment and Conditions of Service (Classification, Control, Appeal and Conduct) Rules, 2020 – Promotion – Reliance upon uncommunicated Impermissibility of – Held: Uncommunicated adverse ACRs may be even with “Good” entry which can be said to be adverse in the context of eligibility for promotion is not to be relied upon for consideration of promotion – In the present case, the case of the petitioner for
NAGARATHINAMversusSTATE THROUGH THE INSPECTOR OF POLICE
Case No.: CRIMINAL APPEAL No. 1389/2023
Decision Date: 04-05-2023
Disposal: Disposed off
Neutral Citation: 2023INSC495

AJAY RASTOGI*, AHSANUDDIN AMANULLAH Premature Release – Appellant had an affair with ‘S’, who threatened her often – Appellant took decision to commit suicide along with her children – Appellant survived – Children died – Trial Court convicted appellant u/ss. 302 High Court partly allowed appeal, acquitted appellant u/s. 309 and upheld the conviction u/s. 302 IPC – After undergoing imprisonment for 20 years, appellant applied for premature release – However, same was rejected by the State – Held: Appellant was in tremendous mental
SANTHOSH MAIZE & INDUSTRIES LIMITEDversusTHE STATE OF TAMIL NADU & ANR.
Case No.: CIVIL APPEAL No. 5731/2009
Decision Date: 04-07-2023
Disposal: Dismissed
Neutral Citation: 2023INSC590

S. RAVINDRA BHAT*, DIPANKAR DATTA Tamil Nadu General Sales Tax Act, 1959 – TNGST (Amendment) Act, 1993 (Act No. 24 of 1993) – TNGST (Second Amendment) Act, 1996 (Act No.37 of 1996) – Taxation Entry No.61 – TNGST (Amendment) Act, 1994 (Act No.32 of 1994) – Exemption Entry No.8 dealt in maize starch – The State through an Exemption Notification exempted the products of millets including maize from the tax – State Legislature imposed tax on ‘sago and starch of any kind’ (Taxation Entry No.61) – Same caused concerns among maize starch
THE STATE THROUGH CENTRAL BUREAU OF INVESTIGATIONversusT. GANGI REDDY @ YERRA GANGI REDDY
Case No.: CRIMINAL APPEAL No. 37/2023
Decision Date: 16-01-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC44

M.R. SHAH*, C.T. RAVIKUMAR Code of Criminal Procedure, 1973 : s. 167(2) – Default bail – Cancellation of, on merits – On facts, accused-respondent arrested in connection with the murder of a former MLA, released on default bail u/s 167(2) – CBI concluded the investigation, filed chargesheet cancellation of bail of the respondent – However, the High Court rejected the said petition on the ground that default bail granted u/s. 167(2) cannot be cancelled on merits – On appeal, held: Order of release on bail under proviso to s. 167(2) cannot be called as an order on merits
HARILAL ETC.versusSTATE OF MADHYA PRADESH (NOW CHHATTISGARH)
Case No.: CRIMINAL APPEAL No. 2216/2011
Decision Date: 05-09-2023
Disposal: Appeal(s) allowed
Neutral Citation: 2023INSC801

J.B. PARDIWALA*, MANOJ MISRA HEADNOTES Issue for consideration: Whether the High Court was justifi ed in upholding the order of the Sessions Judge convicting and sentencing the appellants to imprisonment for life u/s 302 IPC. Penal Code, 1860 – s. 302 – Murder – Conviction of the accused u/s. 302 and courts below – Ocular account of two prosecution witness that the assault on the deceased took place at night, however, neither of them lodged the FIR, rather, a named FIR lodged next day by the village chowkidar of neighbouring village, even though she was not an eye witness –
HARENDRA RAIversusTHE STATE OF BIHAR AND ORS.
Case No.: CRIMINAL APPEAL No. 1726/2015
Decision Date: 01-09-2023
Disposal: Disposed off
Neutral Citation: 2023INSC806

SANJAY KISHAN KAUL*, ABHAY S. OKA, VIKRAM NATH HEADNOTES Issue for consideration: In a murder case, the acquittal of respondent no.2 recorded by Trial Court and the High Court having been reversed and respondent no.2 having being convicted u/ss.302 and 307 IPC by the Supreme Court by an earlier judgment, now the issue for consideration was the no.2. Sentence / Sentencing – Murder – Conviction vide earlier judgment ([2023] 11 S.C.R. 403) – Death sentence not appropriate on facts, and as such imprisonment for life awarded alongwith fi ne – However, fi ne awarded to be paid as damages – Also,
DIGAMBARversusTHE STATE OF MAHARASHTRA
Case No.: CRIMINAL APPEAL No. 221/2022
Decision Date: 28-04-2023
Disposal: Case Partly allowed
Neutral Citation: 2023INSC445

BHUSHAN RAMKRISHNA GAVAI*, VIKRAM NATH, SANJAY KAROL Criminal Law – ‘Rarest of rare’ case – When not – One ‘P’ was married but had a love affair with ‘G’ – This was opposed by her brother-‘D’, who along with co-accused-‘M’ committed the murder of ‘P’ and the case to be ‘rarest of rare’, awarded death penalty and life imprisonment to ‘D’ and ‘M’, respectively – Correctness of – Held: No interference warranted with the concurrent findings of the Trial Court and the High Court that the accused
MUNNA PANDEYversusSTATE OF BIHAR
Case No.: CRIMINAL APPEAL No. 1271/2018
Decision Date: 04-09-2023
Disposal: Disposed off
Neutral Citation: 2023INSC793

BHUSHAN RAMKRISHNA GAVAI*, J.B. PARDIWALA, PRASHANT KUMAR MISHRA HEADNOTES Issue for consideration: Whether the High Court erred in confi rming the conviction and death sentence passed by trial court against appellant- accused for off ences punishable u/ss.302, 376, IPC and s.4, POCSO Act, 2012, despite serious lapses in the entire investigation. Penal Code, of Children from Sexual Off ences Act, 2012 – s.4 – Serious lapses in investigation, confi rmation of conviction and death sentence – Propriety: Held: s.162, CrPC does not prevent a Judge from looking into the record of the police investigation – Being a case of rape
STATE OF MADHYA PRADESHversusPHOOLCHAND RATHORE
Case No.: CRIMINAL APPEAL No. 1315/2023
Decision Date: 28-04-2023
Disposal: Dismissed
Neutral Citation: 2023INSC444

SANJAY KISHAN KAUL*, MANOJ MISRA, ARAVIND KUMAR Penal Code, 1860 – ss. 302 and 201 – Acquittal under – Prosecution rested its case on the circumstances, inter-alia, (a) the accused bore a grudge against his wife for keeping jewellery with her sister (PW8); (b) on the fateful day, during day time, accused on with PW8 and threatened to kill the deceased and set the house on fire; (c) in the evening of that fateful day, the accused quarrelled with the deceased and took her with him on a bicycle, while extending threats that he would kill her; (d) later, that evening, the deceased was found in a
RAM KISHOR ARORAversusDIRECTORATE OF ENFORCEMENT
Case No.: CRIMINAL APPEAL No. 3865/2023
Decision Date: 15-12-2023
Disposal: Dismissed
Neutral Citation: 2023INSC1082

BELA M. TRIVEDI*, SATISH CHANDRA SHARMA HEADNOTES Issue for consideration: Whether the action of the respondent ED in handing over the document containing the grounds of the arrest to arrestee and taking it back after obtaining the endorsement and his signature thereon, as a token of he having read the same, and in not furnishing a copy time of arrest would render the arrest illegal u/s. 19 of the Prevention of Money Laundering Act, 2002. Prevention of Money Laundering Act, 2002 – High Court dismissed the petition seeking declaration that the arrest of the appellant on 27.06.2023 by the respondent Directorate of Enforcement
PREM SINGHversusSTATE OF NCT OF DELHI
Case No.: CRIMINAL APPEAL No. 01/2023
Decision Date: 02-01-2023
Disposal: Dismissed
Neutral Citation: 2023INSC3

DINESH MAHESHWARI*, SUDHANSHU DHULIA Penal Code, 1860 – ss.302, 201 and s.84 – Murder – Disappearance of evidence – Circumstantial evidence – Appreciation of – Plea of mental incapacity – Tenability – Allegations against appellant that, he took his two sons, aged about 9 years and canal, strangulated them to death, and threw their dead bodies into the canal – Trial court held appellant guilty u/ss.302 and 201 IPC and sentenced him to life imprisonment – High Court upheld the conviction and sentence – Held: There is no infirmity in the findings concurrently
SUPER DIAMOND TOOLS & ORS.versusK. MOHAN RAO
Case No.: CIVIL APPEAL No. 6216/2012
Decision Date: 02-03-2023
Disposal: Dismissed
Neutral Citation: 2023INSC192

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