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Apr 09 2019 (SC)

Rupali Devi Vs. State of Uttar Pradesh

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.71 OF2012RUPALI DEVI APPELLANT VERSUS STATE OF UTTAR PRADESH & ORS. RESPONDENTS WITH CRIMINAL APPEAL No.619 OF2019[Arising out of SLP(Crl.) No.5695/2010]. CRIMINAL APPEAL No.620 OF2019[Arising out of SLP(Crl.) No.8246/2010]. CRIMINAL APPEAL No.621 OF2019[Arising out of SLP(Crl.) No.7387/2011]. CRIMINAL APPEAL No.622 OF2019[Arising out of SLP(Crl.) No.5052/2014]. CRIMINAL APPEAL No.623 OF2019[Arising out of SLP(Crl.) No.5139/2014]. JUDGMENT RANJAN GOGOI, CJI1 Whether a woman forced to leave her matrimonial home on account of acts and conduct that constitute cruelty can initiate and access the legal process within the jurisdiction of the courts where she is forced to take shelter with the parents or other family members. This is the precise question that arises for determination in this group of appeals.2. The opinions of this Court on the aforesaid question being sharply divided, the present ...

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Apr 09 2019 (SC)

Mahendra Prasad Mehta Vs. The State of Bihar

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.71 OF2012RUPALI DEVI APPELLANT VERSUS STATE OF UTTAR PRADESH & ORS. RESPONDENTS WITH CRIMINAL APPEAL No.619 OF2019[Arising out of SLP(Crl.) No.5695/2010]. CRIMINAL APPEAL No.620 OF2019[Arising out of SLP(Crl.) No.8246/2010]. CRIMINAL APPEAL No.621 OF2019[Arising out of SLP(Crl.) No.7387/2011]. CRIMINAL APPEAL No.622 OF2019[Arising out of SLP(Crl.) No.5052/2014]. CRIMINAL APPEAL No.623 OF2019[Arising out of SLP(Crl.) No.5139/2014]. JUDGMENT RANJAN GOGOI, CJI1 Whether a woman forced to leave her matrimonial home on account of acts and conduct that constitute cruelty can initiate and access the legal process within the jurisdiction of the courts where she is forced to take shelter with the parents or other family members. This is the precise question that arises for determination in this group of appeals.2. The opinions of this Court on the aforesaid question being sharply divided, the present ...

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Apr 09 2019 (SC)

Afsar Ali Khan Vs. The State of Madhya Pradesh

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.71 OF2012RUPALI DEVI APPELLANT VERSUS STATE OF UTTAR PRADESH & ORS. RESPONDENTS WITH CRIMINAL APPEAL No.619 OF2019[Arising out of SLP(Crl.) No.5695/2010]. CRIMINAL APPEAL No.620 OF2019[Arising out of SLP(Crl.) No.8246/2010]. CRIMINAL APPEAL No.621 OF2019[Arising out of SLP(Crl.) No.7387/2011]. CRIMINAL APPEAL No.622 OF2019[Arising out of SLP(Crl.) No.5052/2014]. CRIMINAL APPEAL No.623 OF2019[Arising out of SLP(Crl.) No.5139/2014]. JUDGMENT RANJAN GOGOI, CJI1 Whether a woman forced to leave her matrimonial home on account of acts and conduct that constitute cruelty can initiate and access the legal process within the jurisdiction of the courts where she is forced to take shelter with the parents or other family members. This is the precise question that arises for determination in this group of appeals.2. The opinions of this Court on the aforesaid question being sharply divided, the present ...

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Apr 09 2019 (SC)

Braj Kishore Prasad @ Suraj Prasad Vs. The State of Bihar

Court : Supreme Court of India

1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION REPORTABLE CRIMINAL APPEAL No.743 OF2012PEER SINGH APPELLANT(S) Versus THE STATE OF MADHYA PRADESH RESPONDENT(S) WITH CRIMINAL APPEAL No.746 OF2012CRIMINAL APPEAL No.744 OF2012JUDGMENT Deepak Gupta, J.1. All the three appeals are being disposed of by a common judgment since they arise out of one incident and one judgment delivered by the trial court. 2 2. The facts necessary for deciding this case are that 15 persons were tried for the murder of Babusingh on the night intervening 13/14th September 1992 near Village Kalma, Dewas District, Madhya Pradesh. The trial court acquitted 8 persons and convicted 7 persons. Gajrajsingh, Harisingh, Bhagwansingh @ Bhaggu, Peer Singh, Gulabsingh, Shobharam and Thakursingh were convicted by the trial court for having committed the offence punishable under Section 302 read with Section 149 and 148 of Indian Penal Code (IPC) and all the 7 accused were sentenced to undergo imprisonment for ...

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Apr 09 2019 (SC)

Neetu Arora Vs. Vikram Arora .

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.71 OF2012RUPALI DEVI APPELLANT VERSUS STATE OF UTTAR PRADESH & ORS. RESPONDENTS WITH CRIMINAL APPEAL No.619 OF2019[Arising out of SLP(Crl.) No.5695/2010]. CRIMINAL APPEAL No.620 OF2019[Arising out of SLP(Crl.) No.8246/2010]. CRIMINAL APPEAL No.621 OF2019[Arising out of SLP(Crl.) No.7387/2011]. CRIMINAL APPEAL No.622 OF2019[Arising out of SLP(Crl.) No.5052/2014]. CRIMINAL APPEAL No.623 OF2019[Arising out of SLP(Crl.) No.5139/2014]. JUDGMENT RANJAN GOGOI, CJI1 Whether a woman forced to leave her matrimonial home on account of acts and conduct that constitute cruelty can initiate and access the legal process within the jurisdiction of the courts where she is forced to take shelter with the parents or other family members. This is the precise question that arises for determination in this group of appeals.2. The opinions of this Court on the aforesaid question being sharply divided, the present ...

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Apr 09 2019 (SC)

Mahendra Prasad Mehata Vs. Parmila Devi .

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.71 OF2012RUPALI DEVI APPELLANT VERSUS STATE OF UTTAR PRADESH & ORS. RESPONDENTS WITH CRIMINAL APPEAL No.619 OF2019[Arising out of SLP(Crl.) No.5695/2010]. CRIMINAL APPEAL No.620 OF2019[Arising out of SLP(Crl.) No.8246/2010]. CRIMINAL APPEAL No.621 OF2019[Arising out of SLP(Crl.) No.7387/2011]. CRIMINAL APPEAL No.622 OF2019[Arising out of SLP(Crl.) No.5052/2014]. CRIMINAL APPEAL No.623 OF2019[Arising out of SLP(Crl.) No.5139/2014]. JUDGMENT RANJAN GOGOI, CJI1 Whether a woman forced to leave her matrimonial home on account of acts and conduct that constitute cruelty can initiate and access the legal process within the jurisdiction of the courts where she is forced to take shelter with the parents or other family members. This is the precise question that arises for determination in this group of appeals.2. The opinions of this Court on the aforesaid question being sharply divided, the present ...

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Apr 09 2019 (SC)

Jagdish Prasad Patel(d) Thr. Lrs. Vs. Shivnath

Court : Supreme Court of India

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION REPORTABLE CIVIL APPEAL NO.2176 OF2007JAGDISH PRASAD PATEL (DEAD) THR. LRS.& ANOTHER Appellants VERSUS SHIVNATH & OTHERS Respondents JUDGMENT R. BANUMATHI, J.This appeal arises out of the judgment dated 05.02.2007 passed by the High Court of Madhya Pradesh at Jabalpur dismissing the Second Appeal No.174 of 1989 filed by the appellants, thereby affirming the decision of the first Appellate Court in Civil Appeal No.29-A/85 holding that in the absence of any order of abandonment or revocation of the patta given to the forefathers of the respondents-plaintiffs, grant of patta in favour of the appellants/defendants was illegal and that the appellants- defendants cannot claim any right over the suit properties.2. Case of Respondents-plaintiffs is as under:- Respondents-Shiv Nath and deceased Vishwanath/predecessor in interest of respondents No.2 to 10 filed a suit for declaration of title 1 over the suit lands in khasra numbers 41-1....

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Apr 09 2019 (SC)

Basalingappa Vs. Mudibasappa

Court : Supreme Court of India

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION REPORTABLE CRIMINAL APPEAL NO.636 of 2019 (arising out of SLP (Crl.) No.8641/2018) BASALINGAPPA ...APPELLANT(S) VERSUS MUDIBASAPPA ...RESPONDENT(S) ASHOK BHUSHAN,J.JUDGMENT This is an appeal by accused challenging the judgment of the High Court of Karnataka dated 04.07.2018 by which judgment the Criminal Appeal filed by the complainant against the acquittal of the accused has been allowed and the accused has been convicted under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to fine of Rs.8,00,000/-, in default of which to undergo simple imprisonment for three months.2. The brief facts of the case for deciding the appeal are:- 1 2.1 The complainant gave a notice dated 12.03.2012 to the accused, the appellant stating dishonour of cheque dated 27.02.2012 for an amount of Rs.6,00,000/- for want of sufficient funds. Thereafter, on non-payment of the amount, a complaint dated 25.04.2012 was filed by the complai...

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Apr 09 2019 (SC)

Palakom Abdul Rahiman Vs. The Station House Officer

Court : Supreme Court of India

NONREPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(s). 725 OF2012PALAKOM ABDUL RAHIMAN Appellant(s) VERSUS THE STATION HOUSE OFFICER BADIADKA POLICE STATION, KERALA & ANR. .Respondent(s) WITH CRIMINAL APPEAL NO(s). 727 OF2012JUDGMENT Rastogi, J.1. The present appeals arise out of the judgment dated 16th November, 2007 passed by the High Court of Kerala in Criminal Appeals convicting the accused appellants(accused No.1 and accused No.3) for offence under Section 302 read with Section 34 IPC and also under Section 324 IPC and sentenced to undergo rigorous imprisonment for life. 1 2. The accused persons faced trial for double murder of a father and son (Assainar & Abdul Rahiman) and causing grievous injuries to PW2 Mohammed, son of deceased Assainar. That in all, 11 persons were initially chargesheeted including appellants for offence punishable under Section 143, 148, 323, 324, 325 and 302 IPC read with Section 149 IPC. There was separate charg...

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Apr 09 2019 (SC)

Smt. p.leelavathi (D) by Lrs. Vs. V.shankarnarayana Rao(d) by Lrs.

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1099 OF2008Smt. P. Leelavathi (D) by LRs .. Appellant Versus V. Shankarnarayana Rao (D) by LRs .. Respondent JUDGMENT M. R. Shah, J.1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Karnataka at Bangalore dated 06.09.2007 in RFA No.220 of 1991, by which the High Court has dismissed the said First appeal preferred by the original plaintiff Smt. P. Leelavathi (now deceased and represented through her legal heirs) and has confirmed the judgment and decree passed by the learned trial Court dismissing the suit, the legal heirs of the original plaintiff Smt. P. Leelavathi have preferred the present appeal. 2 2. The facts leading to the present appeal in nutshell are as under: That Smt. P. Leelavathi instituted Original Suit No.1248 of 1980 in the Court of the XIV Additional City Civil Judge at Bangalore against the original defendants V. Shankaranaraya...

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