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PRINT JUDGMENT 2012 SCeJ 006 SUPREME COURT OF INDIA Before : Justice P. Sathasivam, Justice J. Chelameswar, J ) OFFICE...

Narendra v. State of Uttar Pradesh, 2017 SCeJ 004

January 30, 2022

Land Acquisition Act, 1894, Section 28-A - Fair Compensation - Even in the absence of exemplars and other evidence, higher...

IPC, S. 84 – Where Exception under Sec.84 is claimed

Admission – is only a piece of evidence and not conclusive proof

Admission - Pleadings – An admission made by a party is only a piece of evidence and not conclusive proof...

Admission – is only a piece of evidence and not conclusive proof

Act of God

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Act of God - Signifies the operation of natural forces free from human intervention, such as lightning, storm, etc. -...

Principle of estoppel or acquiescence

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Principle of estoppel or acquiescence - While applying the procedural law like principle of estoppel or acquiescence, the court would...

IPC S. 361 – Consent of the minor – Is immaterial for purposes of Section 361 of IPC

IPC S. 417 – Sexual intercourse under false promise of marriage

Sexual intercourse under false promise of marriage IPC, Section 417 - When a woman is induced to part with her...

IPC S. 415 – Hypertechnical approach

High Court seems to have adopted a strictly hypertechnical approach and sieved the complaint through a colander of finest gauzes...

IPC S. 366 – Sentencing

IPC , Section 366 - Once the prosecution leads evidence to show that the kidnapping was with the intention/knowledge to...

IPC S. 361 – Sentence – Whether the punishment awarded is just, and ought there be leniency given the unique circumstances?

Sentence – Whether the punishment awarded is just, and ought there be leniency given the unique circumstances? - Reduced –...

IPC S. 361 – Mere recovery of a missing minor from the custody of a stranger would not ipsofacto establish the offence of kidnapping

It is necessary that there be an act of enticing or taking, in addition to establishing the child's minority IPC...

IPC . S. 361 – Sentence – There cannot be any mechanical reduction of sentence

Sentence – There cannot be any mechanical reduction of sentence unless all relevant factors have been weighed Sentence – There...

IPC S. 361 – Consent of the minor – Is immaterial for purposes of Section 361 of IPC

Whether a consensual affair can be a defence against the charge of kidnapping a minor? - Consent of the minor...

IPC S. 359 – Mildness of the crime – Sentencing

IPC S. 359 – Voluntary abandonment of home by a minor girl

Voluntary abandonment of home by a minor girl would not amount to kidnapping, and that in the absence of some...

IPC S. 359 – Mildness of the crime – Sentencing