(1) KAILASH … Vs. STATE OF M.P. …RESPONDENT D.D 24/07/2013

Rape – Conviction – Appellant convicted under Section 376(1) IPC – Based on eyewitness testimony and medical evidence confirming sexual assault – Supreme Court upheld conviction finding no merit in the appeal – Delay in recording the witness statement justified due to rural and illiterate background of witnesses [Paras 8-9].Eyewitness Testimony – Credibility – PW-5, a cousin of the d...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 2260 OF 2009 Docid 2013 LEJ Crim SC 779100

(2) COMMISSIONER OF CENTRAL EXCISE, MADURAI …APPELLANT Vs. D.D 23/07/2013

Excise Duty – Assessment – Dispute on whether higher duty applies based on higher count of yarn produced – Tribunal dismissed appeal relying on earlier judgments – Supreme Court analyzed legal principles and factual findings, emphasizing the need for representative sampling to establish excise duty [Paras 3-15].Sampling and Evidence – Relevance of Test Reports – Department’s reliance...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6766 OF 2003 Docid 2013 LEJ Civil SC 289463

(3) C. KESHAVAMURTHY … Vs. H.K. ABDUL ZABBAR …RESPONDENT D.D 23/07/2013

Negotiable Instruments – Cheque Bounce – Respondent issued four cheques to the appellant which were dishonored – Appellant filed a complaint under Section 138 of the NI Act – Magistrate convicted respondent, finding no merit in defense of prior stop-payment notice as cheques were issued after the notice [Paras 4-5].Presumption of Debt – Section 139 NI Act – High Court reversed lower co...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1026 OF 2013 (ARISING OUT OF SPECIAL LEAVE PETITION (CRIMINAL) NO. 4628 OF 2009) Docid 2013 LEJ Crim SC 390967

(4) AKKODE JUMAYATH PALLI PARIPALANA COMMITTEE … Vs. P.V. IBRAHIM HAJI AND OTHERS …RESPONDENT(S) D.D 23/07/2013

Civil Procedure – Jurisdiction of Wakf Tribunal – Suit filed by appellant society for an injunction against interference in the administration and enjoyment of a Mosque and madrassa – Initially decreed by the Wakf Tribunal – High Court reversed the decision, citing jurisdictional limitations as per the Supreme Court's ruling in Ramesh Gobindram case – Supreme Court held High Court&#...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 6124-6125 OF 2013 (ARISING OUT OF SLP (CIVIL) NOS. 9787-9788 OF 2011) Docid 2013 LEJ Civil SC 212434

(5) MAHADEO MASKE … Vs. STATE OF MAHARASHTRA AND ANOTHER …RESPONDENT(S) D.D 23/07/2013

Criminal Law – Kidnapping, Rape, and Criminal Intimidation – Appellant convicted for kidnapping, raping, and intimidating a minor girl – Trial court sentenced him to rigorous imprisonment for three years (Section 363 IPC), seven years (Section 376 IPC), and one year (Section 506 IPC) – High Court affirmed convictions for Sections 363 and 376 IPC, but set aside the conviction for Section 50...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 6 OF 2010 Docid 2013 LEJ Crim SC 740754

(6) KALIYA … Vs. STATE OF MADHYA PRADESH …RESPONDENT D.D 23/07/2013

Criminal Law – Murder Conviction – Appellant convicted for the murder of his daughter-in-law by setting her on fire – Trial court and High Court relied on the dying declaration of the deceased, which indicated that the appellant poured kerosene on her and set her on fire – Conviction under Section 302 IPC upheld, with the sentence of life imprisonment and a fine of Rs. 500, in default of w...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 228 OF 2008 Docid 2013 LEJ Crim SC 149246

(7) GIAN CHAND AND OTHERS … Vs. STATE OF HARYANA …RESPONDENT D.D 23/07/2013

Criminal Law – Possession of Narcotics – Appellants convicted for possession of 410 kg of poppy husk – Trial court and High Court relied on testimony of police officials and physical evidence – Conviction under Section 15 of the NDPS Act upheld with a sentence of 10 years of rigorous imprisonment and a fine of Rs. 1 lakh each [Paras 1-30].Evidence Law – Admissibility of Testimony and Evi...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 2302 OF 2010 Docid 2013 LEJ Crim SC 107159

(8) DHARAM PAL AND OTHERS … Vs. STATE OF HARYANA AND ANOTHER …RESPONDENT(S) D.D 18/07/2013

Criminal Procedure – Powers of Magistrate and Sessions Judge – Magistrate's role after committing a case to the Court of Session – Held that Magistrate can disagree with the police report and summon persons mentioned in column 2 of the charge-sheet to stand trial along with those named in the charge-sheet – Session Judge can issue summons under Section 193 CrPC upon commitment without...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 148 OF 2003, 865 OF 2004, 1334 OF 2005, AND 537 OF 2006 Docid 2013 LEJ Crim SC 982012

(9) KETANKUMAR GOPALBHAI TANDEL … Vs. STATE OF GUJARAT …RESPONDENT D.D 18/07/2013

Juvenile Justice – Applicability of Juvenile Justice Act, 2000 – Appellant convicted for murder and grievous hurt – Date of birth established as 01.06.1977 – At the time of offence on 06.05.1995, appellant was 17 years 11 months and 5 days – Held that appellant should be treated as a juvenile under the Juvenile Justice (Care and Protection of Children) Act, 2000, which applies retroactiv...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 556 OF 2004 Docid 2013 LEJ Crim SC 436614