Supreme Court of India Judgements

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Category: Acquittal

Acquittal

Appeal from conviction–The powers conferred by Section 386(b)(i) Cr.P.C. cannot be exercised for the purpose of reversing an order of acquittal passed in favour of a party in respect of an offence charged, in dealing with an appeal preferred by him against the order of conviction in respect of another offence charged and found proved.

Apr 6, 2017 sclaw

2007(1) LAW HERALD (SC) 346 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice R.V. Raveendaran Criminal Appeal No. 1613 of 2005…

Acquittal

Murder–Undue advantage–For the application of Section 300 Exception 4, it is not sufficient to show that there was a sudden quarrel and there was no premeditation. It must further be shown that the offender has not taken undue advantage or acted in cruel or unusual manner. Murder–Sudden fight–To bring a case within Exception 4 all the ingredients mentioned in it must be found.

Apr 6, 2017 sclaw

2007(1) LAW HERALD (SC) 325 IN THE SUPREME COURT OF INDIA Before  The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Criminal Appeal No. 21 of…

Acquittal

Death Penalty–What would constitute a rarest of rare case must be determined in the fact situation obtaining in each case. Confessional Statement–Only that part of confession is admissible which leads to recovery of articles/dead body–Mode and manner in which deceased was killed is inadmissible as it may influence mind of the Court.

Apr 6, 2017 sclaw

2007(1) LAW HERALD (SC) 193 IN THE SUPREME COURT OF INDIA  Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Dalveer Bhandari Criminal Appeal Nos. 867-868 of 2005…

Acquittal Narcotics

Accomplice–Evidence of an accomplice is admissible but should ordinarily be corroborated by same other evidence. Contraband–Confession made by accused under NDPS Act before an officer of department of revenue intelligence, may not be hit by Section 25 of Evidence Act. Contraband–Only evidence against the appellant was retracted statement of accused no. 1 and his own retracted confession–Benefit of doubt–Acquittal.

Apr 4, 2017 sclaw

  2007(1) LAW HERALD (SC) 17 IN THE SUPREME COURT OF INDIA  Before The Hon’ble Mr. Justice S. B. Sinha The Hon’ble Mr. Justice Markandeya Katju Appeal (Crl.) 996  of 2006…

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Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 197(1) — Requirement of sanction for prosecution of public servants — Protection under Section 197(1) applies only to public servants who are not removable from office except by or with the sanction of the government — Subordinate police officers not falling under this category are not entitled to the benefit of this protection, even if the alleged offence was committed while acting or purporting to act in the discharge of official duty.

Apr 5, 2026 sclaw
Service

Service Law — Dismissal from Service — Disciplinary Proceedings — Violation of Natural Justice — Requirement of Oral Enquiry — Employer’s Burden of Proof — The Apex Court held that unless the charged employee clearly admits guilt, a disciplinary enquiry must be held — The employer must first present evidence and witnesses, allowing the employee to cross-examine — Only then should the employee be given an opportunity to present their defense — The Court emphasized that relying solely on documents without examining witnesses or making them available for cross-examination when charges are denied, vitiates the enquiry.

Apr 5, 2026 sclaw
C P C

Civil Procedure Code, 1908 (CPC) — Order 9 Rule 13 — Setting aside an ex parte decree — A minor who was not properly represented in succession proceedings, despite being a legal heir and known to respondents, can file an application under Order 9 Rule 13 CPC after attaining majority to challenge the ex parte proceedings.

Apr 5, 2026 sclaw
Bail Declined Companies Act

Companies Act, 2013 — Section 185 — Loan to directors — Violation of Section 185 — Loan from company to director for securing bail without special resolution — Deposit of Rs. 50 Crores for bail sourced from company funds without proper approval — Held to be not sustainable in law.

Apr 3, 2026 sclaw