Criminal Procedure Code, 1973 (CrPC) — Sections 451 & 457 — Release of Seized Property — Trial Court rejecting release application for iron ore on grounds of applicant’s failure to substantiate ownership — High Court setting aside trial court’s order without examining correctness of its finding on ownership — High Court should have either agreed with trial court’s finding on ownership or recorded reasons for disagreeing — Failure to do so warrants interference and remand.
SUPREME COURT OF INDIA DIVISION BENCH RANGE FOREST OFFICER Vs. M/S RAJAMAHAL SILKS AND OTHERS ( Before : Manoj Misra and Ujjal Bhuyan, JJ. ) Criminal Appeal Nos….. of 2025…
Evidence Act, 1872 — Section 50 — Opinion as to relationship, when relevant — Opinion expressed by conduct of person with special knowledge on relationship is relevant — Essentials are court’s opinion, expression through conduct, and person having special knowledge — Conduct alone is not proof but an intermediate step to infer opinion — Opinion must be proved by direct evidence — Court needs to weigh evidence to form its own conclusion; Trial Court erred in treating opinion of witnesses as fact rather than evidence to be weighed and failed to independently assess credibility.
2025 INSC 1187 SUPREME COURT OF INDIA DIVISION BENCH DHARMRAO SHARANAPPA SHABADI AND OTHERS Vs. SYEDA ARIFA PARVEEN ( Before : Ahsanuddin Amanullah and S.V.N. Bhatti, JJ. ) Civil Appeal…
Criminal Procedure Code, 1973 — Bail — Anticipatory Bail — Supreme Court granted leave to appeal against High Court’s rejection of bail in anticipation of arrest — Custodial interrogation not required — Appellant may be admitted to bail in anticipation of arrest upon arrest, subject to terms and conditions fixed by the trial court — Appellant directed not to dissuade witnesses from disclosing facts to authorities.
SUPREME COURT OF INDIA DIVISION BENCH RAJESH KUMAR PRASAD Vs. THE STATE OF UTTAR PRADESH ( Before : Dipankar Datta and Augustine George Masih, JJ. ) Criminal Appeal No.4371 of…
Criminal Procedure Code, 1973 (CrPC) — Section 366 — Death Sentence Reference — Sentencing Procedure — Conviction and death penalty were pronounced on the same day without a proper inquiry into aggravating and mitigating circumstances, psychological evaluation, or jail conduct report. This haste violated established sentencing principles and vitiated the death sentence.
2025 INSC 1203 SUPREME COURT OF INDIA FULL BENCH DASHWANTH Vs. STATE OF TAMIL NADU ( Before : Vikram Nath, Sanjay Karol and Sandeep Mehta, JJ. ) Criminal Appeal No(s).…
Army Act, 1950 — Sections 63 and 69 — Possession of ammunition — Substitution of conviction — Tribunal can substitute conviction from a civil offence (Section 69) to an act prejudicial to good order and discipline (Section 63) if evidence supports the latter and the original court-martial could have lawfully found the accused guilty of the substituted offence.
2025 INSC 1215 SUPREME COURT OF INDIA DIVISION BENCH S.K. JAIN Vs. UNION OF INDIA AND ANOTHER ( Before : J.B. Pardiwala and Alok Aradhe, JJ. ) Criminal Appeal No.…
Motor Vehicles Act, 1988 — Section 149(2) — Insurance — Liability of insurer — “Pay and recover” directions — Fake driving licence — For insurer to avoid liability, it must prove not only that the driver’s licence was fake, but also that the owner (insured) deliberately breached the policy by entrusting the vehicle to such a driver.
2025 INSC 1204 SUPREME COURT OF INDIA DIVISION BENCH HIND SAMACHAR LTD. (DELHI UNIT) Vs. NATIONAL INSURANCE COMPANY LTD. AND OTHERS ( Before : K. Vinod Chandran and N. V.…
Criminal Procedure Code, 1973 (CrPC) — Section 482 (Corresponding to Bharatiya Nagarika Suraksha Sanhita, 2023, Section 528) — Inherent power of High Court — Recall or review of own judgment — Criminal courts do not have the power to recall or review their own judgments, except for correcting clerical errors under Section 362 CrPC (Section 403 BNSS) — Invoking inherent powers to bypass statutory bars is impermissible — High Court reviewing its earlier order dismissing a petition as withdrawn, under the guise of correcting a clerical error, is illegal and without jurisdiction.
2025 INSC 1205 SUPREME COURT OF INDIA DIVISION BENCH STATE OF RAJASTHAN Vs. PARMESHWAR RAMLAL JOSHI AND OTHERS ( Before : Vikram Nath and Sandeep Mehta, JJ. ) Criminal Appeal…
Land Development Regulations — Open Space Reservation (OSR) charges — Exemptions for certain plot sizes — Attempt to notionally recombine earlier parent estate with a smaller subdivided plot to impose charges rejected as contrary to fact and regulation text.
2025 INSC 1200 SUPREME COURT OF INDIA DIVISION BENCH CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY Vs. DR. KAMALA SELVARAJ ( Before : Aravind Kumar and N.V. Anjaria, JJ. ) Civil Appeal No.3051…
Railways Act, 1989 — Section 124-A — “No-fault” liability for untoward incidents — Compensation is payable if the victim is a “passenger” — Explanation (ii) to Section 124-A defines “passenger” to include a person who has purchased a valid ticket — Mere non-recovery of a ticket from the victim is not fatal if a credible prima facie case is established — Burden then shifts to the Railways to disprove bonafide travel.
2025 INSC 1201 SUPREME COURT OF INDIA DIVISION BENCH RAJNI AND ANOTHER Vs. UNION OF INDIA AND ANOTHER ( Before : Aravind Kumar and N.V. Anjaria, JJ. ) Civil Appeal…
Civil Procedure Code, 1908 (CPC) — Order 8 Rule 1 — Limitation for filing Written Statement in Commercial Suits — Extension of time due to COVID-19 pandemic — Supreme Court’s suo motu order excluded period from 15.03.2020 to 28.02.2022 for computing limitation — Even if statutory period of 120 days expired, if it fell within the excluded period, defendant should be allowed to file Written Statement.
2025 INSC 1202 SUPREME COURT OF INDIA DIVISION BENCH M/S ANVITA AUTO TECH WORKS PVT. LTD. Vs. M/S AROUSH MOTORS AND ANOTHER ( Before : Aravind Kumar and N.V. Anjaria,…