List of Important Leading Judgements

  1. SUPREME COURT OF INDIA Upload Date - 11/22/2016

    RAMESH AND OTHERS V. STATE OF HARYANA , CRIMINAL APPEAL NO. 2526 OF 2014

    CONVICTION DESPITE WITNESS TURNED HOSTILE-

    it is held by Apex court "In my fieldwork experiences, witnesses become “hostile” not only when  they are directly implicated in a case filed by the police, but  also  when  they are on the side of the plaintiff's  party. During  the  often  rather  long period that elapses between the police investigation and the  trial  itself, often observed, the party who has lodged the complaint  (and  who  becomes the main witness) can irreparably compromise the case with the  other  party by means of compensation, threat or blackmail."

    The State has a definite role to play in protecting the  witnesses,  to start with at least in sensitive cases involving those  in  power, who  has political patronage and could wield muscle and money power, to  avert  trial getting tainted and derailed and truth becoming a casualty. As  a  protector of its citizens it has to ensure that during a trial in  Court  the  witness could safely depose truth  without  any  fear  of  being  haunted  by  those against whom he had deposed. Every State  has  a  constitutional  obligation and duty to protect the life and  liberty  of  its  citizens.

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  2. SUPREME COURT OF INDIA Upload Date - 11/26/2013

    Indra Sarma Versus V.K.V. Sarma , New Delhi, November 26, 2013

    •   Live-in or marriage like relationship is neither a  crime  nor  a  sin though socially unacceptable in this country.   The  decision  to  marry  or not to marry or to have a heterosexual relationship is  intensely  personal.
    •   We are, in this case, concerned with the question whether  a  “live-in relationship” would amount to a “relationship in  the  nature  of  marriage” falling within the definition of “domestic relationship” under Section  2(f) of the Protection of Women from Domestic Violence Act, 2005 (for short  “the DV Act”) and the disruption of such a relationship by failure to maintain  a women involved in such a relationship amounts to “domestic violence”  within the meaning of Section 3 of the DV Act.

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  3. Supreme Court of India Upload Date - 10/4/2016

    RAJA AND OTHERS VERSUS STATE OF KARNATAKA CRIMINAL APPEAL NO. 1767 OF 2011 - JUDGEMENT DATED-OCTOBER 4, 2016.

    Sex Workers cannot lodge a sexual assualt (Rape) complaint against their customers if they refuse to pay money. Further held though the evidence given by a woman alleging rape must get importance from the trial court, but it could not be taken as 'GOSPEL TRUTH'

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  4. Supreme Court of India Upload Date - 9/21/2016

    SHARAD BIRDICHAND SARDA V. STATE OF MAHARASHTRA; AIR 1984 1622

    IMPORTANT SUPREME COURT JUDGMENT-

    GOLDEN PRINCIPLES IN CASE OF CIRCUMSTANTIAL EVIDENCES-

    1.The circumstances from which the conclusion of guilt is to be drawn should be fully established.

    2. The facts so established should be consistent only with the hypothesis of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty.

    3. The circumstances should be of a conclusive nature and tendency.

    4. They should exclude every possible hypothesis except the one to be proved and;

    5. There must be a chain of evidence so complete as not o leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused.

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  5. Supreme Court of India Upload Date - 5/9/2011

    Bhagwan Dass versus State (NCT) of Delhi dated 09/05/2011

    Honour Killing comes within the purview of rarest of the case, so deserve death penalty.

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  6. Supreme Court of India Upload Date - 9/7/2016

    Youth Bar Association of India Vs. Union of India

    Copy of first information report shall be made available online except heinous offences

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  7. Delhi High Court Upload Date - 5/29/2015

    GAURAV MAGGO versus THE STATE OF NCT, DELHI

    Section 376 IPC- Sexual Relation on pretext of marriage by Married Man is not a Rape-The woman consents to have a sexual relations with a married man who promises to marry her, continues the relationship and gets impregnated, then it is an act of "promiscuity" on her part and cannot be said as one induced by a misconception of fact and does not amount to Rape.

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  8. Supreme Court of India Upload Date - 2/15/2002

    Nallam Veera Stayanandam & Ors. v. The Public Prosecutor, High Court of Andhra Pradesh

    Evidence Act- Effect of Two Dying Declarations

    In case of two dying declaration first indicating that deceased died of accidental burns while second indicating she died as she was unable to bear dowry demands and harassment meted out by acussed committed suicide by setting herself ablaze. Court relied on second DD and rejected first. It was held placing a reliance on the dying declaration recorded after adopting proper procedure and taking necessary precautions and which appears trustworthy.

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  9. Supreme Court of India Upload Date - 7/12/2006

    Priya Patel v. State of M.P. & Anr.

    A bare reading of Section 375 makes the position clear that rape can be committed only by a man.  The section itself provides as to when a man can be said to have committed rape.  Section 376(2) makes certain categories of serious cases of rape as enumerated therein attract more severe punishment.  One of them relates to "gang rape".  The language of sub-section(2)(g) provides that "whoever commits  'gang rape" shall be punished etc. The Explanation only clarifies that when a woman is raped by one or more in a  group of persons acting in furtherance of their common intention each such person shall be deemed to have committed gang rape within this sub-section (2).  That cannot make a woman guilty of committing rape.  This is conceptually inconceivable.   A woman cannot be said to have an intention to commit rape.

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  10. SUPREME COURT OF INDIA Upload Date - 3/30/2016

    Savelife Foundation & ANR. Vs. Union of India & ANR.

    SUPREME COURT OF INDIA ISSUED GUIDELINES TO SAVE LIFE OF VICTIMS OF ROAD ACCIDENTS BY SAMARITANS i.e ByStanders who are helping them. The petition has been filed under Article 32 of the Constitution of India in public interest for the development of supportive legal framework to protect Samaritans i.e. bystanders and passers-by who render the help to the victims of road accidents. These individuals can play a significant role in order to save lives of the victims by either immediately rushing them to the hospital or providing immediate life saving first aid

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