Important Supreme Court Judgments Pronounced on April 1, 2019
1. Raj Narain V. Union Of India
The Indian Penal Code, 1860 – Sections 409, 467 and 420 – Difference between initiation of the criminal proceedings by the department vis-a-vis a criminal case lodged by the police – Held, if an employee is involved in embezzlement of funds or is found indulging in demand and acceptance of illegal gratification, the employer cannot be mulcted with full back wages on the acquittal of the person by a criminal Court, unless it is found that the prosecution is malicious.
Case Number : C.A. No. 3339 of 2019 01-04-2019
Petitioner’s Advocate : Yash Pal Dhingra
Bench : Hon’ble Mr. Justice L. Nageswara Rao, Hon’ble Mr. Justice M.R. Shah
Judgment By : Hon’ble Mr. Justice L. Nageswara Rao
2. Board Of Governors In Supersession Of Medical Council Of India V. National Institute Of Medical Sciences And Research
The Indian Medical Council Act, 1956 – Section 11 (2) – The direction to conduct an inspection within a period of one week ought not to have been passed by the High Court as the surprise element of the inspection would not be there.
3. Mani V. The State Of Kerala
The Indian Penal Code, 1860 – Section 302 – Political Enmity – In view of sudden fight without any premeditation, the conviction of the appellant for an offence under Section 302 is not made out. The cause of death of the deceased is knife blow on the chest of the deceased-S. Such injury is with the knowledge that such injury is likely to cause death, but without any intention to cause death. Thus, the death of S is a culpable homicide not amounting to murder as the death has occurred in heat of passion upon a sudden quarrel falling within Exception 4 of Section 300 of IPC. Therefore, it is an offence punishable under Section 304 Part I, IPC.