6 Important Indian Supreme Court Judgments Pronounced Today [Tuesday, 15th May 2018]

1. Rupinder Singh Sandhu Vs. State of Punjab

Penal Code, 1860 - Ss. 304/34 - Before a man can be convicted of a crime, it is usually necessary for the prosecution to prove that a certain event or a certain state of affairs which is forbidden by the criminal law has been caused by his conduct and that this conduct was accompanied by a prescribed state of mind. The event or state of affairs is usually called the actus reus and the state of mind, the mens rea of the crime. Both these elements must be proved beyond reasonable doubt by the prosecution.

Judgment Link: http://bit.ly/2L0fh0p
Case Number : Crl. A. No. 58 / 2007 15-05-2018
Petitioner's Advocate : Sudarshan Singh Rawat
Respondent's Advocate : Jaspreet Gogia
Bench : Hon'ble Mr. Justice J. Chelameswar, Hon'ble Mr. Justice Sanjay Kishan Kaul
Judgment By : Hon'ble Mr. Justice J. Chelameswar

2. Gurmeet Pal Singh Vs. State of Punjab

Constitution of India - Article 309 - Punjab Superior Judicial Service Rules, 2007 - Effect of elevation of a Judge from the category of direct advocate recruits to the High Court - The provision wrongfully made in the advertisement reserving two seats for Ex-Servicemen - The recruitment of two Judges from Fast Track Courts - Non-availability of candidate with disability - The larger recruitment was possible since the cadre strength was more - Discussed.

Judgment Link : http://bit.ly/2jYdGfe
Case Number : C. A. No. 4853 / 2018 15-05-2018
Petitioner's Advocate : Upasana Nath
Bench : Hon'ble Mr. Justice J. Chelameswar, Hon'ble Mr. Justice Sanjay Kishan Kaul
Judgment By : Hon'ble Mr. Justice J. Chelameswar


3. Selvi Vs. Gopalakrishnan Nair

This appeal arises out of the judgment dated 13.04.2006 passed by the High Court of Madras at Madurai Bench in Second Appeal No.255 of 2005 in and by which the High Court set aside the final decree passed by the trial court and affirmed by the First Appellate Court by holding that the appellant/plaintiff cannot lay a claim in respect of Survey No.988 which the first respondent/second defendant claims entitled to.

Judgment Link : http://bit.ly/2IKhYVD
Case Number : C. A. No. 21834 / 2017 15-05-2018
Petitioner's Advocate : Revathy Raghavan
Respondent's Advocate : R. Ayyam Perumal
Bench : Hon'ble Mr. Justice Ranjan Gogoi, Hon'ble Mrs. Justice R. Banumathi
Judgment By : Hon'ble Mrs. Justice R. Banumathi

4. Khurshid Ahmed Vs. State of Jammu and Kashmir

Ranbir Penal Code - Ss. 302/341 - Importance of existence of motive in a criminal case.

Judgment Link : http://bit.ly/2jYiuBw
Case Number : Crl. A. No. 872 / 2015 15-05-2018
Petitioner's Advocate : Syed Mehdi Imam
Bench : Hon'ble Mr. Justice N. V. Ramana, Hon'ble Mr. Justice S. Abdul Nazeer
Judgment By : Hon'ble Mr. Justice N. V. Ramana

5. Manoj Kumar Vs. State of Himachal Pradesh

Penal Code, 1860 - Ss. 302, 341 & 323 r/w. 34 - there was a sudden verbal quarrel and evidently there was no pre-meditated plan to attack the deceased - In view of the civil disputes already pending between both the families, a minor verbal exchange bloated into a sudden physical attack - in the absence of intention to cause death or to cause such bodily injury as is likely to cause death, the offence does not fall within the scope of Section 300, IPC but it will fall within Section 304, Part II of the IPC.

Case Number Crl. A. No. 795 / 2011 15-05-2018
Petitioner's Advocate : Shiv Ram Sharma
Respondent's Advocate Varinder Kumar Sharma
Bench : Hon'ble Mr. Justice N. V. Ramana, Hon'ble Mr. Justice S. Abdul Nazeer
Judgment By : Hon'ble Mr. Justice N. V. Ramana

6. Sushila Aggarwal Vs. State (NCT of Delhi)

Criminal Procedure Code, 1973 - S. 438 - Anticipatory Bail - Referred the following questions for consideration by a larger Bench - Whether the protection granted to a person under Section 438 CrPC should be limited to a fixed period so as to enable the person to surrender before the Trial Court and seek regular bail - Whether the life of an anticipatory bail should end at the time and stage when the accused is summoned by the court.

Order Link : http://bit.ly/2k02kaQ
Case Number : SLP (Crl) No. 7281-7282 / 2017 15-05-2018
Petitioner's Advocate : Abhay Kumar
Judgment By : Hon'ble Mr. Justice Kurian Joseph

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