6 Important Supreme Court of India Judgments August 2018


Criminal Law - Murder - the intention appears more to have been to teach a lesson by the venting of ire by an irked neighbour, due to loud playing of the tape recorder - but in the nature of weapon used, the assault made in the rib cage area, knowledge that death was likely to ensue will have to be attributed to the accused; Deepak v. State of Uttar Pradesh (now Uttarakhand), Crl.A. No. 545 of 2011 01-08-2018

Employment Law - Rule of law requires appointments to be made in a constitutional manner and the State cannot be permitted to perpetuate an irregularity in the matter of public employment which would adversely affect those who could be employed in terms of the constitutional scheme; Narendra Kumar Tiwari v. State of Jharkhand, C.A. No. 7423-7429 of 2018 01-08-2018

Evidence Law - Confessional statement of the accused, cannot be given legal validity as it was not made before a Magistrate. Confessional statements of other accused were also under the same handwriting and drawn by the police, they cannot be taken into account; Raju Manjhi v. State of Bihar, Crl. A. No. 1333 of 2009 02-08-2018

Land Acquisition Act, 1894 - S. 48 - Once the possession of the acquired land is taken, the State has no power to withdraw from the acquisition because as a result of taking over of the possession, the acquired land vests with the State absolutely free from all encumbrances; Pimpri Chinchwad New Township Development Authority v. Vishnudev Cooperative Housing Society, 03-08-2018 C.A. No. 7649 of 2018



Penal Law - Imposing inadequate sentences will do more harm to the justice system and may lead to a state where the victim loses confidence in the judicial system and resorts to private vengeance; State of Rajasthan v. Mohan Lal, Crl.A. No. 959 of 2018 01-08-2018

Service Law - Interpretation of “Inter Se Seniority and Suitability - Meaning of ‘suitability’ - In service jurisprudence, where the word ‘suitable’ is normally examined from the point of view as to whether a particular person is suitable to hold a particular post, it is construed as ‘fit’ to hold that post; Union of India Through Its Secretary v. Maj. Gen. Manomoy Ganguly, C.A. No. 5800 of 2018 01-08-2018
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