SRI KRISHNA ARTS AND SCIENCE COLLEGE

Topic: Case laws

Submitted by,

P.M.Lohith (10bco023)

Recent case laws

Case 1:
2011 SCCL.COM 455 (Case No: Special Leave Petition (C) No. 12469 of 2010) Guru Charan Singh Petitioner versus State of U.P. & others Respondents Date of Decision (mm/dd/yy): 6/24/2011. Judge(s): Hon'ble Mr. Justice R.V. Raveendran and Hon'ble Mr. Justice A.K. Patnaik. Subject Index: Termination of service the District Inspector of Schools approved the temporary appointment of the petitioner in the original post of Assistant Teacher and thereafter his service was terminated writ petition filed the High Court dismissed the petition and concluded that the appointment of the petitioner was dehors the rules hence, the petition the Supreme Court held that as the appointment of the petitioner to the post of Assistant Teacher in the Institution was made by the Committee of the Institution and approved by the District Inspector of Schools for the limited period up to the date of joining by a candidate duly selected by the Commission, the petitioner's appointment, even if valid, has come to an end on the day such candidate duly selected by the Selection Board joined his duty petition dismissed no cost.

Case 2:
2011 SCCL.COM 456(Case No: Criminal Appeal No.937 of 2005) State of Rajasthan Appellant versus Talevar & another Respondents Date of Decision(mm/dd/yy): 6/17/2011. Judge(s): Hon'ble Dr. Justice B.S. Chauhan and Hon'ble Mr. Justice Swatanter Kumar. Subject Index: Indian Penal Code, 1860 sections 395, 396 and 397 punishment of dacoity, dacoity with murder acquittal of the offences under appeal against recovery of some of the looted property on the basis of the disclosure statements made by the respondents whether adverse inference could be drawn against the accused merely on the basis of recoveries made on their disclosure statements no no test identification parade was held at all concerning the two acquitted respondents/accused. Further none of the eye witnesses, identified either of the said respondents in the court recovery on the disclosure statements of either of the respondents/accused persons was not in close proximity of time from the date of incident. More so,

recovery is either of cash, small things or vehicles which can be passed from one person to another without any difficulty the Supreme Court held that no adverse inference can be drawn on the basis of recoveries made on the disclosure statements of the respondents to connect them with the commission of the crime acquittal orders confirmed appeal dismissed.

Case 3:
2011 SCCL.COM 454(Case No: Criminal Appeal No. 1636 of 2005) Ghurelal & others Appellant(s) versus State of Rajasthan Respondent(s) Date of Decision(mm/dd/yy): 6/17/2011. Judge(s): Hon'ble Dr. Justice B.S. Chauhan and Hon'ble Mr. Justice Swatanter Kumar. Subject Index: Indian Penal Code, 1860 sections 395, 396 and 397 punishment of dacoity, dacoity with murder convictin and sentence for commission of the offences under concurrent findings of facts on record so as the involvement and participation of all the six accusedappellants. They had been properly identified in the Test Identification Parades as well as in the Court by the witnesses. More so, the looted property, particularly, ornaments, jewellery, silver glasses have been recovered and identified correctly the doctor who conducted the autopsy of the deceased corroborated the injuries as well as the manner and the weapon with which such injuries were caused the Supreme Court held no interference with the concurrent findings of fact, recorded by the courts below appeal dismissed.

Case 4:
2011 SCCL.COM 461(Case No: Criminal Appeal No.697 of 2006) Vishram Singh Raghubanshi Appellant versus State of U.P. Respondent Date of Decision(mm/dd/yy): 6/15/2011. Judge(s): Hon'ble Dr. Justice B.S. Chauhan and Hon'ble Mr. Justice Swatanter Kumar. Subject Index: Contempt of Courts Act, 1971 section 19 appeal under case of impersonification of the person the Presiding Officer of the Court raised certain issues. So, the appellant misbehaved with the said officer in the court and used abusive language the High Court held the appellant guilty of committing the contempt and sentenced him to undergo 3 months simple imprisonment with a fine of Rs.2,000/- hence, the appeal whether the facts and circumstances warrant acceptance of apology tendered by the appellant the conduct of the appellant seems to have been in complete violation and in contravention of the "standard of professional conduct and etiquette" . Even the

appellant has not chosen to defend himself on merit before the High Court, rather he merely tendered apology thrice the Supreme Court held that the apology tendered by the appellant gives an impression that the same was in the alternative and not a complete surrender before the law, therefore, viewed that the apology tendered by the appellant had neither been sincere nor bona fide and thus, not worth acceptance appeal dismissed.

Case 5:
2011 SCCL.COM 458(Case No: Criminal Appeal No. 831 of 2007) SK. Yusuf Appellant versus State of West Bengal Respondent Date of Decision(mm/dd/yy): 6/14/2011. Judge(s): Hon'ble Dr. Justice B.S. Chauhan and Hon'ble Mr. Justice Swatanter Kumar. Subject Index: Indian Penal Code, 1860 section 302, 201 punishment of murder and causing disappearance of evidence related to the crime conviction and sentence under as per the prosecution case, before committing the murder, the appellant tried to commit rape and on being resisted by the deceased, the appellant assaulted her on her head with spade and murdered and buried her in the graveyard no evidence to the extent that the deceased and appellant were seen together at the place of occurrence or nearby the same in close proximity of time the theory of extra-judicial confession revealed by PW-11 who is maternal uncle of the deceased does not get corroboration from the statement of PW.13 or any other independent witness or police personnel the spade recovered from the accusedappellant had not been sent for chemical analysis no medical evidence or suggestion as to the sexual assault on the deceased the charges of offences punishable under Sections 302 and 201 IPC against the appellant set aside acquittal on benefit of doubt.