Supreme Court of India Judgements

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Cr P C

Period of parole – Purpose of considering actual imprisonment, the period of parole is to be excluded.

Bysclaw

Jan 8, 2023

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Cr P C Maintenance

Criminal Procedure Code, 1973 (CrPC) — Section 125(4) — Application of principles to facts — Remand — Trial Court erred in holding that the adultery issue could only be decided at final adjudication, rendering the statutory scheme otiose; since photographic/electronic evidence of adultery was placed on record requiring evaluation, the Trial Court was directed to decide the S. 125(4) application on merits, with interim maintenance continuing till such decision — matter remanded.

Aug 2, 2026 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 299 — Record of evidence in absence of accused — Scope and applicability — Exception to the rule that a witness must be examined in presence of the accused and to the principle under S. 33, Evidence Act — Being an exception, all prescribed conditions must be strictly complied with — Deposition recorded in absence of an absconding accused admissible against him upon arrest, if deponent is dead, incapable of giving evidence, cannot be found, or cannot be produced without unreasonable delay, expense or inconvenience.

Jul 19, 2026 sclaw
Cr P C

Criminal Procedure Code, 1973 — Sections 209, 244 — Commitment of case exclusively triable by Court of Session — Whether Magistrate is required to record prosecution evidence under Section 244 CrPC before committing such a case, where the complaint is one instituted otherwise than on a police report — Held, no — Section 244 CrPC, which mandates the Magistrate to hear the prosecution and take evidence, occurs in Chapter XIX (Part B — “Cases instituted otherwise than on a police report”) and governs warrant-case trials before a Magistrate; it has no application where the offence (here, under Section 302 IPC) is exclusively triable by the Court of Session, which is governed instead by Section 209 CrPC — Under the scheme of the 1973 Code (unlike the erstwhile 1898 Code, which mandated a full committal inquiry with recording of evidence under Section 207-A), the Magistrate’s role at the pre-commitment stage is confined to ascertaining whether the offence is exclusively triable by the Sessions Court, and no evidence need be taken or evaluated by the Magistrate at that stage — Requiring witnesses to depose twice, once before the Magistrate and again before the Sessions Court, would serve no purpose and is not the mandate of law — High Court’s contrary view, requiring compliance with Section 244 CrPC even in a Sessions-triable case, proceeds on an erroneous reading of law and is unsustainable.

Jul 5, 2026 sclaw

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Will & Succession

Succession Act, 1925 — Sections 33, 35 and 38 — Hindu/Christian Succession — Applicability of S. 33 confined to property owned by deceased male; erroneous application by High Court set aside — Where property was purchased and registered in the joint names of two wives, the same is owned by them and not by the husband, notwithstanding that he provided the consideration — Section 33, which governs devolution on intestacy of a male’s property between his widow and lineal descendants, is not attracted to property never vested in the husband’s name — High Court’s application of S. 33 to the entirety of the suit property held misconceived.

Aug 2, 2026 sclaw
I P C

Penal Code, 1860 (IPC) — Sections 405 and 406 — Criminal Breach of Trust — Entrustment — Refundable security deposit paid under Joint Development Agreement (JDA) — Held, mere payment of refundable security deposit as consideration for GPA does not amount to “entrustment” of property — FIR and chargesheet silent on manner of misappropriation/conversion — Bald, omnibus allegation of dishonest retention, unsupported by cogent material, insufficient to sustain charge under S. 405 — Mere non-refund of money does not constitute criminal breach of trust.

Aug 2, 2026 sclaw
Constitution

Constitution of India, 1950 — Article 226 — Maintainability of writ petition — Disputed questions of fact — Effect of long pendency — Where a writ petition seeking compensation had remained pending for over a decade and a half before being dismissed on the ground of “disputed questions of fact,” relegating the claimant to a fresh remedy before the Civil Court after such efflux of time would render the claimant remediless — On this short ground alone, interference with the impugned judgment was warranted, particularly where the underlying facts of the incident stood undisputed and unchallenged throughout.

Aug 2, 2026 sclaw
Cr P C Maintenance

Criminal Procedure Code, 1973 (CrPC) — Section 125(4) — Application of principles to facts — Remand — Trial Court erred in holding that the adultery issue could only be decided at final adjudication, rendering the statutory scheme otiose; since photographic/electronic evidence of adultery was placed on record requiring evaluation, the Trial Court was directed to decide the S. 125(4) application on merits, with interim maintenance continuing till such decision — matter remanded.

Aug 2, 2026 sclaw