Supreme Court of India Judgements

46650 Judgements hosted as on 11/11/2024 - Search (FREE), Subscribe, Read & Download

Month: January 2024

I P C

Criminal Procedure Code, 1973 (CrPC) – Section 482 – Penal Code, 1860 (IPC) – Sections 420, 468, 471 read with Section 34 – Passports Act, 1967 – Section 12(b) – Quashing of FIR – Wife forged her husband’s signatures in order to obtain a passport for their minor child – In order to attract the provisions of Section 420 IPC, the prosecution has to not only prove that the accused has cheated someone but also that by doing so, he has dishonestly induced the person who is cheated to deliver property – FIR quashed – Appeal allowed.

Jan 28, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MARIAM FASIHUDDIN AND ANOTHER — Appellant Vs. STATE BY ADUGODI POLICE STATION AND ANOTHER — Respondent ( Before : Surya Kant and Dipankar Datt,…

Constitution Cr P C

Mandatorily mention in a application for grant of bail: 1. Details and copies of order(s) passed in the earlier bail application(s) filed by the petitioner which have been already decided. 2. Details of any bail application(s) filed by the petitioner, which is pending either in any court, below the court in question or the higher court, and if none is pending, a clear statement to that effect has to be made 3. The registry of the court should also annex a pending bail application(s) in the crime case in question -4. It should be the duty of the Investigating Officer/any officer assisting the State Counsel in court to apprise him of the order(s), if any, passed by the court with reference to different bail applications or other proceedings in the same crime case

Jan 21, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KUSHA DURUKA — Appellant Vs. THE STATE OF ODISHA — Respondent ( Before : Vikram Nath and Rajesh Bindal, JJ. ) Criminal Appeal No.…

Joint Family Property Will & Succession

Hindu Succession Act, 1955 – Section 16 – Partition Suit – Entitlement of share to the children of void or voidable marriages – If a marriage is considered void or invalid, the children born from that marriage still have a legal right to inherit their parent’s property

Jan 21, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJA GOUNDER AND OTHERS — Appellant Vs. M. SENGODAN AND OTHERS — Respondent ( Before : M.M. Sundresh and S.V.N. Bhatti, JJ. ) Civil…

Anticipatory Bail Bail Granted

Anticipatory Bail – Breach of contract – Civil Dispute – Mere breach of contract does not amount to an offence under Section 420 or Section 406 of the Indian Penal Code, 1860, unless fraudulent or dishonest intention is shown right at the beginning of the transaction – Any effort to settle civil disputes and claims, which do not involve any criminal offence, by applying pressure through criminal prosecution should be deprecated and discouraged – Anticipatory bail granted.

Jan 21, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JAY SHRI AND ANOTHER — Appellant Vs. STATE OF RAJASTHAN — Respondent ( Before : Sanjiv Khanna and Dipankar Datta, JJ. ) Criminal Appeal…

Acquittal

Criminal Procedure Code, 1973 (CrPC) – Section 227 – Penal Code, 1860 (IPC) – Sections 341, 323 and 302 – Murder – Discharge – As per post-mortem report death of the deceased was natural – No injury was found on the chest or any other part of the body of the deceased – Order of discharge upheld.

Jan 21, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAMALINGAM AND OTHERS — Appellant Vs. N. VISWANATHAN — Respondent ( Before : Abhay S. Oka and Ujjal Bhuyan, JJ. ) Criminal Appeal No.…

Service Matters
Service

Assam Police Act, 2007 – Section 14(2) – Assam Police Manual – Rule 63(iii) – Deputy Commissioner would not be competent to assess the overall performance of Superintendent of Police (SP) – Rule 63(iii) of Assam Police Manual invalid on the ground that it is in direct conflict with Section 14(2) of the Assam Police Act, 2007

Jan 21, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF ASSAM AND OTHERS — Appellant Vs. BINOD KUMAR AND OTHERS — Respondent ( Before : Aniruddha Bose and Sanjay Kumar, JJ.…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Sections 197 and 482 – Penal Code, 1860 (IPC) – Sections 409, 419, 420, 423, 465, 466, 467, 468, 471 and 473 – Fabrication of records – Sanction for prosecution – Section 197 Cr.PC does not extend its protective cover to every act or omission of a public servant while in service – It is restricted to only those acts or omissions which are done by public servants in the discharge of official duties – Certainly, a view can be taken that manufacturing of such documents or fabrication of records cannot be a part of the official duty of a public servant

Jan 18, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHADAKSHARI — Appellant Vs. STATE OF KARNATAKA AND ANOTHER — Respondent ( Before : Abhay S. Oka and Ujjal Bhuyan, JJ. ) Criminal Appeal…

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Acquittal

Penal Code, 1860 (IPC) — Sections 376 and 313 — Rape — False promise of marriage — Physical relationship with the complainant under the false promise of marriage, leading to her pregnancy and subsequent abortions — Whether the FIR should be quashed based on the allegations and the delay in filing the complaint — The petitioner argued that the relationship was consensual and the delay in filing the FIR undermines the credibility of the allegations — The respondent claimed that the petitioner deceived her with a false promise of marriage, leading to non-consensual physical relations — The Supreme Court quashed the FIR, noting the long-term consensual relationship and the lack of prima facie evidence for rape under Section 376 IPC —The Court emphasized the delay in filing the FIR and the nature of the relationship, which appeared consensual —The Court referred to previous judgments, highlighting the importance of prima facie evidence and the misuse of legal provisions —The FIR and all proceedings based on it were quashed, preventing abuse of the legal process.

Oct 21, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) — Sections 420, 468, 471 and 120-B —Prevention of Corruption Act, 1988 — Section 13(2) and 13(1)(d) — Financial misconduct and conspiracy — Whether the High Court was correct in discharging the respondent from the charges of conspiracy and financial misconduct — The CBI argued that the High Court conducted a mini-trial at the charge-framing stage and that there was sufficient suspicion to frame charges against the respondent — The respondent’s counsel argued that the material in the charge sheet did not make out a case against the respondent and that the High Court rightly discharged him —The Supreme Court upheld the High Court’s decision to discharge the respondent, stating that mere suspicion was not enough to frame charges – The Court found that the respondent’s role was limited to signing the memorandum prepared by senior officers and participating in the Management Committee meeting, which approved the proposal — The Court emphasized that the proposal had passed through various committees and that the respondent’s actions did not amount to criminal misconduct — The appeal was dismissed, and the respondent was discharged from the charges — The trial against other accused persons will continue.

Oct 21, 2024 sclaw
Municipal Laws

Patna Municipal Corporation Act, 1951 — Sections 146, 423 and 488(1) — The Patna Municipal Corporation imposed a royalty on advertisements, which was later increased — The respondents challenged this imposition, arguing it was a tax without legislative backing — Whether the royalty imposed by the Corporation was a tax and if it was legally enforceable without legislative sanction — The Corporation argued that the royalty was agreed upon by the parties and was not a tax — They contended that the enhancement of the rate was within their rights — The respondents argued that the imposition was a tax, which required legislative sanction, and the Corporation had no authority to levy it — The Division Bench quashed the enhancement, ruling that the Corporation had no power to impose the tax without legislative backing — The Court found that the royalty was not a tax but a fee agreed upon by the parties — It held that the Corporation’s actions were within the scope of the agreement — The Court distinguished between royalty and tax, emphasizing that royalty is based on an agreement, not statutory provision — The Court upheld the imposition of royalty as per the agreement but noted that the enhancement in rates was not challenged effectively — The judgment of the Division Bench was set aside.

Oct 21, 2024 sclaw
Constitution

Citizenship Act, 1955 — Section 6A — Special provisions as to citizenship of persons covered by the Assam Accord — The case involves the constitutional validity of Section 6A of the Citizenship Act 1955, which grants citizenship to certain migrants from Bangladesh to Assam —The main issues include whether Parliament had the legislative competence to enact Section 6A, and if Section 6A violates Articles 6, 7, 14, 29, and 355 of the Constitution — Petitioners argue that Section 6A is unconstitutional as it conflicts with Articles 6 and 7, adopts unreasonable cut-off dates, and violates Articles 14, 29, and 355 — Respondents contend that Section 6A is within Parliament’s legislative competence under Article 11 and does not violate the Constitution — The judgment addresses the legislative competence of Parliament, the reasonableness of cut-off dates, and the impact on Assamese cultural identity — The court examines the historical context of citizenship provisions, the legislative intent behind Section 6A, and the scope of judicial review under Article 14 — The court analyzes the constitutional provisions on citizenship, the legislative objective of Section 6A, and the balance between legislative intent and constitutional mandates —The court concludes that Section 6A of the Citizenship Act is constitutional and does not violate the cited Articles of the Constitution.

Oct 21, 2024 sclaw