Important Judgment Supreme Court, 13th February 2019

Important Judgments Supreme Court

Important Judgment Supreme Court, 13th February 2019

1. Vijay Raikwar v. State of Madhya Pradesh
Section 376 (2) (f) and Section 201 of the Indian Penal Code (IPC) as well as Sections 5(i), 5(m) and 5(r) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

“Though, we acknowledge the gravity of the offence, we are unable to satisfy ourselves that this case would fall in the category of ‘rarest of rare case’ warranting the death sentence.”

Three Judge Bench comprising of Justice AK Sikri, Justice S. Abdul Nazeer and Justice MR Shah, upheld the conviction, but observed that, though the crime can be said to be brutal, but does not warrant death sentence.

2. Mala Singh & Ors. v. State of Haryana

The High Court though had the jurisdiction to alter the charge from Section 149 IPC to Section 34 IPC qua the three appellants, yet, in our view, in the absence of any evidence of common intention qua the three appellants so as to bring their case within the net of Section 34 IPC, their conviction under Section 302/34 IPC is not legally sustainable. 

The bench comprising Justice Abhay Manohar Sapre and Justice R. Subhash Reddy 

3. THE STATE BANK OF INDIA & ORS. v. RAVINDRA NATH & ORS.

The Supreme Court has observed that the employee of a Bank has no right that he should be associated with the decision-making process in respect of the fixation of salary.

“Writ petitioner as an Officer of the Bank is bound by the salary structure approved by the Bank for its Officers. The decision of the Standing Committee is a part of the decision-making in respect of salary payable to the employees of the Banks.”

The bench comprising Justice Uday Umesh Lalit and Justice Hemant Gupta.