(1)
Amarjit Singh and Others ...Appellants Vs.
State of Punjab and Others ...Respondents D.D
29/09/2010
Land Acquisition – Exemption Notification – Punjab Regional and Town Planning and Development Act, 1995 – Validity upheld – Exemption of land under Sectors 81, 88, and 89 from operation of Section 14 and Chapters VIII, X, and XII of the 1995 Act under Section 178(2) – Held: Notification justified as SAS Nagar (Mohali) expansion was planned prior to the 1995 Act &ndash...
(2)
Arvind Kumar Mishra ...Appellant Vs.
New India Assurance Co. Ltd. and Another ...Respondents D.D
29/09/2010
Motor Accident Claim – Compensation – Permanent Disability – Future Loss of Earnings – Appellant, a final-year engineering student, suffered 70% permanent disability due to serious injuries including amputation, vision loss, and brain damage – Held: Tribunal and High Court erred in awarding inadequate compensation without applying multiplier method – Supreme Cou...
(3)
Paramjeet Singh @ Pamma ...Appellant Vs.
State of Uttarakhand ...Respondent D.D
27/09/2010
Criminal Law – Murder – Conviction based on Circumstantial Evidence – Hostile Witnesses – Appellant convicted for murdering three family members and injuring three others due to property dispute – Seven eye-witnesses, including injured witnesses, turned hostile at trial after family “panchayat” pardoned the accused – Held: Statements under Section 16...
(4)
Sajjan Kumar ...Appellant Vs.
Central Bureau of Investigation ...Respondent D.D
20/09/2010
Criminal Law – Framing of Charges – Prima Facie Case – Charges framed against appellant for serious offences arising out of 1984 anti-Sikh riots including murder and conspiracy – Appellant sought discharge claiming statements of key witnesses (PW-1, PW-2, PW-10) were delayed by over 20 years and unreliable – Held: At the stage of framing charges, court need not evalua...
(5)
Sunder Singh ...Appellant Vs.
State of Uttaranchal ...Respondent D.D
16/09/2010
Criminal Law – Mass Murder – Death Sentence – Premeditated and brutal act resulting in five deaths and severe injuries to one survivor – Accused set house ablaze with petrol while victims were having dinner and closed door to prevent escape – Balwant Singh, who managed to flee the burning room, was almost beheaded with sword – Held: Rarest of rare case justifyin...
(6)
Dharampal Singh ...Appellant Vs.
State of Punjab ...Respondent D.D
09/09/2010
NDPS Act – Possession – Conscious Possession – Sections 18, 35 & 54 – Recovery of 65 kg of opium from the dicky of a car driven by appellant Dharampal Singh with co-accused Major Singh as occupant – Once possession of contraband is established, the burden shifts to the accused to prove lack of conscious possession, being a fact within their special knowledge &ndas...
(7)
Uma Shankar Singh ...Appellant Vs.
State of Bihar and Another ...Respondents D.D
09/09/2010
Criminal Procedure – Cognizance by Magistrate – Section 190(1)(b) CrPC – Magistrate competent to take cognizance of offence even if police in final report exonerates accused – Magistrate not bound by conclusions of investigating agency – Magistrate applied independent judicial mind and took cognizance against petitioner – Held: Magistrate acted within jurisdicti...
(8)
Dehal Singh ...Appellant Vs.
State of Himachal Pradesh ...Respondent D.D
31/08/2010
NDPS Act – Charas Recovery – Conscious Possession – Conviction Upheld – Accused persons found in a private car with 27.8 kg of Charas concealed in door panels – Both appellants identified and apprehended during routine check based on prior information – Presence in private vehicle, not public transport, raised presumption of conscious possession – No expla...
(9)
Yadava Kumar ...Appellant Vs.
The Divisional Manager, National Insurance Co. Ltd. and Another ...Respondents D.D
31/08/2010
Motor Accident – Compensation – Loss of Future Earning – Appellant, a 30-year-old painter, sustained fractures in both wrists and was assessed with 20% permanent disability of the whole body – High Court enhanced compensation to ₹72,000 but denied claim for loss of future income citing lack of documentary evidence – Held: High Court erred in not awarding any amount ...