Supreme Court of India Judgements

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Category: Bail Declined

Bail Declined

It is needless to point out that in cases of this nature, it is important that courts do not enlarge an accused on bail with a blinkered vision by just taking into account only the parties before them and the incident in question -the courts to recognise the potential threat to the life and liberty of victims/witnesses, if such accused is released on bail.

Apr 25, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH SUDHA SINGH — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : S.A. Bobde, C.J.I, A.S. Bopanna and V.…

Bail Declined

(IPC) – Ss 302, 143, 144, 147, 148, 149, 341, 384, 120B, 506(2) and 34 – Arms Act, 1959 – Ss 25(1-b) A, 27 and 29 – (CrPC) – S 439 – Five Murders – Land Dispute – High Court Grants Bail Duty to record reasons is a significant safeguard which ensures that the discretion which is entrusted to the court is exercised in a judicious manner. The recording of reasons in a judicial order ensures that the thought process underlying the order is subject to scrutiny and that it meets objective standards of reason and justice

Apr 25, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAMESH BHAVAN RATHOD — Appellant Vs. VISHANBHAI HIRABHAI MAKWANA MAKWANA (KOLI) AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M.R.…

Bail Declined

BAIL – Even otherwise in a case like this, where the allegations are of tampering with the court order and for whatever reason the State has not filed the bail application the locus is not that much important and it is insignificant. accused to surrender forthwith as a consequence of cancellation of the bail granted by the High Court, if not surrendered.

Mar 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NAVEEN SINGH — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M. R.…

Bail Declined

Anticipatory bail – Appeal against – except to observe, that the impugned order, to say the least, is perverse; and also because no prejudice should be caused to accused and affect the trial against him – Judgment and order set aside – Investigating Officer is free to take accused into custody – Appeal allowed.

Feb 7, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH G.R. ANANDA BABU — Appellant Vs. THE STATE OF TAMIL NADU AND ANOTHER — Respondent ( Before : A.M. Khanwilkar, B.R. Gavai and Krishna…

Bail Declined

Dowry death – Cancellation of Anticipatory Bail of in-laws of the deceased- Grant of anticipatory bail in such a serious offence would operate to obstruct the investigation – It is a well settled principle of law that the setting aside of an “unjustified, illegal or perverse order” granting bail is distinct from the cancellation of bail – Investigation transferred to CBI

Dec 17, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH DR. NARESH KUMAR MANGLA — Appellant Vs. SMT. ANITA AGARWAL AND OTHERS ETC. — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Indu Malhotra…

Bail Declined

Cr P C, 1973 – Section 167(2) – Default bail – Right of – No other condition of deposit – Where the investigation is not completed within 60 days or 90 days, as the case may be, and no chargesheet is filed by 60th or 90th day, accused gets an “indefeasible right” to default bail

Oct 18, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH SARAVANAN — Appellant Vs. STATE REPRESENTED BY THE INSPECTOR OF POLICE — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R. Shah,…

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Corporate

Validity of State rule providing for cancellation of Form C declaration — The power to prescribe the form of declaration (Form C) required under Section 8(4) of the CST Act, and the particulars to be contained therein, is conferred upon the Central Government under Section 13(1)(d) — The Central Government exercised this power by framing the Central Sales Tax (Registration and Turnover) Rules, 1957, which prescribe Form C (Rule 12(1)) but do not contain any provision empowering any authority to cancel such a declaration once issued.

Apr 19, 2025 sclaw
Bail Declined

Cancellation of Bail — Factors for Consideration — Child Trafficking — Appeals preferred by victims (kith and kin of trafficked children) assailing High Court orders granting bail to accused involved in a large-scale, organized, interstate child trafficking racket — The offences alleged involve kidnapping, buying, and selling of minor children primarily from impoverished backgrounds, punishable under Ss. 363, 311 & 370(5) IPC —High Court’s approach found to be callous, overlooking critical aspects including the organized nature of the crime and the subsequent absconding of several accused post-bail, thereby jeopardizing the trial.

Apr 16, 2025 sclaw
Specific Performance

A buyer’s continuous readiness and willingness to perform their part of an Agreement to Sell, a prerequisite for seeking specific performance, is negated by their conduct of accepting and encashing a substantial portion of the refunded earnest money/advance

Apr 15, 2025 sclaw
Service

The 18-month Diploma in Elementary Education (D. El. Ed.) programme conducted by the National Institute of Open Schooling (NIOS) through Open Distance Learning (ODL) mode, pursuant to the NCTE Recognition Order dated 22.09.2017, was a specific, one-time measure necessitated by the Right of Children to Free and Compulsory Education (Amendment) Act, 2017

Apr 15, 2025 sclaw