Supreme Court of India Judgements

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Category: Bail Declined

Bail Declined

Penal Code, 1860 (IPC) – Sections 147, 148, 149, 302, 336 and 427 – Murder – Cancellation of Bail — The Supreme Court found the High Court’s orders lacked detailed consideration of facts, especially given the severity of the crime and the specific naming of the respondents in the FIR – The Supreme Court set aside the High Court’s orders, cancelled the bail granted to the respondents, and directed them to surrender to custody

Apr 7, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AQEEL AHMAD — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : C.T. Ravikumar and Rajesh Bindal, JJ. ) Criminal…

Bail Declined

Grant of Bail – Supreme Court found that the High Court’s order lacked legal sustenance as it did not properly consider the detailed evidence against respondent no.2. – The Supreme Court emphasized the need for brief reasons in bail decisions, as established by precedent – The appeal is allowed, the High Court’s order was set aside, and respondent no.2 was given three weeks to surrender – The order does not prejudice subsequent proceedings or bar fresh bail applications.

Mar 26, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAM MURTI SHARMA — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Sudhansu Dhulia and Rajesh Bindal, JJ. )…

Anticipatory Bail Bail Declined

High Court did not consider the nature and seriousness of the offence, the character of the evidence, the circumstances peculiar to the respondent, and the larger interest of the public or the State – The Court also notes that the respondent failed in his fundamental duty as a police officer and the possibility of his influencing the witnesses and the investigation was high – The Court holds that the respondent is not entitled to anticipatory bail and directs him to apply for regular bail if arrested.

Mar 9, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF JHARKHAND — Appellant Vs. SANDEEP KUMAR — Respondent ( Before : Vikram Nath and Sanjay Kumar, JJ. ) Criminal Appeal No……of…

Bail Declined

Chargesheet having been filed against the accused within the prescribed time limit and the cognizance having been taken by the Special Court of the offences allegedly committed by them, the accused could not have claimed the statutory right of default bail under Section 167(2) on the ground that the investigation qua other accused was pending – Order granting default bail is set-aside – Appeal allowed.

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CENTRAL BUREAU OF INVESTIGATION — Appellant Vs. KAPIL WADHAWAN AND ANOTHER — Respondent ( Before : Bela M. Trivedi and Pankaj Mithal, JJ. )…

Bail Declined

Unlawful Activities (Prevention) Act, 1967 – – Default Bail – High Court also fell in error in not taking into consideration the reasons given under section 43D(2) (b) were clearly made out and explained in the extension letter dated 07.11.2020 giving the details of the progress of the investigation as also the reasons for detaining the respondent. The Public Prosecutor had mentioned in the request that major investigation of the case had been completed and the draft chargesheet had been prepared. However, for want of remaining sanctions and FSL report some more time was required for completing the investigation. – Bail declined

Jan 14, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF NCT OF DELHI — Appellant Vs. RAJ KUMAR @ LOVEPREET @LOVELY — Respondent ( Before : Vikram Nath and Rajesh Bindal, JJ…

Bail Declined Prevention of Money Laundering Act

Criminal Procedure Code, 1973 (CrPC) – Section 439 – Penal Code, 1860 (IPC) – Sections 186, 204, 353, 384 and 120-B – Prevention of Money Laundering Act, 2002 – Sections 3, 4 and 45 – Bail – Money Laundering – Merely because accused is a woman should not be granted the benefit of the first proviso to Section 45 of the PMLA and grant bail

Dec 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SAUMYA CHAURASIA — Appellant Vs. DIRECTORATE OF ENFORCEMENT — Respondent ( Before : Aniruddha Bose and Bela M. Trivedi, JJ. ) Criminal Appeal No.…

Bail Declined

Economic Offences – Economic offences are distinct and warrant a unique approach when considering bail – Due to their inherent complexity, deep-rooted conspiracies, and substantial loss of public funds, these offences should be treated seriously – They pose a significant threat to the country’s financial well-being and can have severe repercussions on its overall development – As a result, economic offences are deemed grave and necessitate special consideration in legal matters.

Nov 25, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH TARUN KUMAR — Appellant Vs. ASSISTANT DIRECTOR DIRECTORATE OF ENFORCEMENT — Respondent ( Before : Aniruddha Bose and Bela M. Trivedi, JJ. ) Criminal…

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Arbitration Constitution

Arbitration and Conciliation Act 1996 – Sections 34 and 37 – Curative petition – The Court found that the arbitral tribunal’s decision was not perverse or irrational and that the CMRS certificate did not conclusively prove that defects were cured within the cure period – The Court emphasized the tribunal’s domain to interpret the contract and the limited scope of judicial interference in arbitral awards – The Supreme Court concluded that the curative petition was maintainable and that there was no miscarriage of justice in restoring the arbitral award.

Apr 14, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) – Section 302, read with 34 – Murder – The Supreme Court found that the High Court did not properly address whether the Trial Court’s acquittal was a plausible conclusion from the evidence – The Supreme Court emphasized that the burden of proof lies with the prosecution and that the accused do not have to prove their innocence unless there is a statutory reverse onus – The Supreme Court concluded that the evidence did not warrant overturning the acquittal, as the Trial Court’s view was possible and not perverse.

Apr 14, 2024 sclaw
I P C

Penal Code, 1860 (IPC) – Section 302 – Murder – Dispute over a blocked pathway – The Court found no evidence of provocation by the deceased that would justify the appellants’ brutal attack, nor any exercise of the right to private defence – The Court applied principles from previous judgments to determine the lack of private defence and the presence of intention to cause harm – The Supreme Court concluded that the appellants’ actions were not in self-defence and that their intention was to inflict harm, affirming the lower courts’ decisions.

Apr 14, 2024 sclaw
Consumer

Consumer Law – Insurance Act, 1938 – Section 45 – Policy not to be called in question on ground of mis-statement after two years – The Court found no suppression of material facts and criticized the NCDRC for not requiring proper evidence from the respondent – The judgment discusses the principles of ‘uberrimae fidei’ (utmost good faith) and the burden of proof in insurance contracts – The Court concluded that the insurance company failed to prove the alleged suppression of facts, thus the repudiation was unjustified.

Apr 14, 2024 sclaw