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lawyersSupreme Court Judgments  - June 2007

State of Haryana v Surender and Others 01/06/2007
Indian Penal Code, 1860, ss. 302, 394 r/w 397 - conviction under - sentenced for ten years and to pay fine - no evidence of service of notice on the appellant - High Court disposed of the matter ex parte
Sukhdev Singh v State of Haryana 01/06/2007
Narcotic Drugs and Psychotropic Substances Act, 1985, s. 18 - Appeal against conviction - sentenced for ten years and to pay fine - no evidence of service of notice on the appellant - High Court disposed of the matter ex parte
State of Madhya Pradesh v Nisar 04/06/2007
Indian Penal Code, 1860, s. 302 - Appeal against acquittal - the High Court was perfectly justified in finding the prosecution version vulnerable, and the evidence scanty to fasten the guilt on the accused in a case where the prosecution version rests on circumstances evidence -  Dismissed
State of Rajasthan v Babu Ram 05/06/2007
Narcotic Drugs & Psychotropic Substance Act, 1985, ss. 17, 18 - High Court directed acquittal on the ground that there was non-compliance of mandatory requirement of s. 50 - Appeal against - What is the meaning of the words "search any person" occurring in s. 50(1)
Om Prakash v State (Nct) of Delhi 05/06/2007
Prevention of Food Adulteration Act, 1954, ss. 7(1) r/w 16 - Appeal against conviction and sentence - learned Additional Sessions Judge held that the commutation of sentence under Section 433 of the Code of Criminal Procedure, 1973 (in short the 'Cr.P.C.) was a matter within the discretion of State Government - This Court directs that a sum of Rs.7,500/-, as fine, be deposited within a period of six weeks from today. The appellant shall move the appropriate Government for commutation of the custodial sentence - accused to remain on bail in the mean time.
State of Haryana v Suresh 05/06/2007
Narcotic Drugs and Psychotropic Substances Act, 1985, s. 18 - Additional Sessions Judge convicted the accused but High Court acquitted on the ground that there was non-compliance with the mandatory requirements of s. 50 - Appeal against acquittal - matter remitted to the High Court to hear the appeal afresh on grounds other than that of alleged non-compliance with Section 50 of the Act, which, as noted above, has no application to the facts of the case
Ananta Deb Singha Mahapatra and Others v State of West Bengal 06/06/2007
Indian Penal Code, 1860, ss. 304 part II r/w 149 - Appeal against conviction and sentence - in order to find whether right of private defence is available or not, the injuries received by the accused, the imminence of threat to his safety, the injuries caused by the accused and the circumstances whether the accused had time to have recourse to
- Leave granted.
State of Rajasthan v Wakteng 07/06/2007
Indian Penal Code, 1860, s. 302 r/w 34, 324 r/w 34 - Trial Court convicted appellant - High Court set aside conviction and directed acquittal - Appeal against - though conviction can be raised solely on the dying declaration without any corroboration the same should not be suffering from any infirmity - the High Court has rightly held that the prosecution has failed to establish the accusations against the respondent.
Ashok Pandey v K. Mayawati and Others 13/06/2007
Constitution of India, 1950, art. 32; Prohibition of Simultaneous Membership Rules, 1950 - the grievance is that respondent Nos. 1 and 2 are not qualified to be appointed as Chief Minister and Minister respectively as they were members of the Rajya Sabha and thus disqualified under Article 164(4) read with Article 164(1) of the Constitution. The basic stand is that since they were members of Rajya Sabha the requirement of their being elected to the State Legislative Assembly within a period of 6 months does not apply to them as they are already legislators of the Rajya Sabha -  Dismissed
State of Madhya Pradesh v Sewa Singh 13/06/2007
Indian Penal Code, 1860, s. 304 Part II - Appeal against acquittal - the judgment of acquittal passed by the High Court does not suffer from any infirmity to warrant interference.
Niranjan Singh v State of Madhya Pradesh 14/06/2007
Indian Penal Code, 1860, ss. 392, 397 - Section 397 IPC was rightly applied in this case -  the question whether the accused attempted to cause death or grievous hurt would depend upon the factual scenario - In the instant case knife blow was given on the chest just below the nipple. - Held That  High Court was right in its view about the applicability of Section 397 IPC. -  Dismissed
Daya Ram v Raghunath and Others 15/06/2007
U.P. Zamindari Abolition Act, 1950 - Allotment of land to respondent no.1 cancelled - Writ petition filed by the respondent allowed by...
- Leave granted
Kishori Lal v State of Madhya Pradesh 19/06/2007
Indian Penal Code, 1860, s. 306 - Appeal against conviction and sentence - Held, offence of abetment is a separate and distinct offence...
State of Maharashtra and Others v Mehamud 19/06/2007
Indian Penal Code, 1860; Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers and Drug Offenders Act , 1981 - District...
State of Rajasthan vs Chittarmal 21/06/2007
Indian Penal Code, 1860 - High Court altered conviction of the respondent from one punishable under s. 302 to s. 304A - Appeal against - Held, in order to be encompassed by the protection under s. 304A there should be neither intention nor knowledge to cause death - When any of these two elements is found to be present, s. 304A has no application - Prosecution has not been able to establish the accusation under s. 302 and the High Court rightly convicted the accused under s. 304A - Appeal dismissed.

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