Supreme Court of India Judgements

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Category: Bail Granted

Bail Granted

Indian Penal Code, 1860, S.365 and S.394–Bail–Kidnapping-Appellant is in custody from about last 4 months—Further custody of the accused will come in the way of conduct of trial that will have to be held against him-Appellant ought to be released on bail-Bail granted-Criminal Procedure Code, 1973, S.439

Aug 13, 2019 sclaw

2019(2) Law Herald (P&H) 937 (SC) : 2019 LawHerald.Org 617 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr, Justice L. Nageswara Rao Hon’ble Mr. Justice Sanjiv Khanna Criminal Appeal…

Bail Granted

Bail–Trial of cases already been stayed as one of appellants had challenged the very registrations of the case by CBI–Trial is likely to be delayed appellants have to be in jail for a long period–Final report already been filed–Accused need not be detained in jail further–Accused released on bail.

Mar 11, 2019 sclaw

2009(1) LAW HERALD (SC) 556 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice K.G. Balakrishnan The Hon’ble Mr. Justice P. Sathasivam Criminal Appeal No. 81/2009 (@…

Bail Granted Cr P C

Though under Section 319(4)(b)Cr.P.C. the accused subsequently impleaded is to be treated as if he had been an accused when the Court initially took cognizance of the offence, the degree of satisfaction that will be required for summoning a person under Section 319Cr.P.C. would be the same as for  framing a charge.

Feb 3, 2019 sclaw

Supreme Court of India Hardeep Singh vs State Of Punjab & Ors on 10 January, 1947 Author: . B Chauhan Bench: P Sathasivam, B.S. Chauhan, Ranjana Prakash Desai, Ranjan Gogoi,…

Bail Granted

In present case, investigation was not conducted by rank of police officer as directed by High Court-On this ground charge  sheet was returned—Since, on 90th day there was no charge sheet before Magistrate to assess the situation and subsequent filing of charge sheet even after two days would be of no consequence-­Accused held entitled to default bail—Bail granted.

Dec 16, 2018 sclaw

2018(4) Law Herald (SC) 2758 : 2018 LawHerald.Org 1609 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre                            Hon’ble Mr. Justice Uday Umesh Lalit Criminal Appeal…

Bail Granted

Challenge to order granting bails—As per orders of Supreme Court bail would be subject to furnishing of bank guarantee—Held; (i) Bank guarantee would be mean obligation as per agreement and not the due amount; (ii) Ail those who had already furnished sufficient security by way of pledging immovable property need not to furnish bank guarantee as per earlier orders; (iii) All those who had not given any security are obligated to furnish bank guarantee—In absence of it, bail would stand cancelled and they be taken into custody; (iv) Corporation permitted to serve its interest either by involving the bank guarantees where ever furnished and or by putting to auction the unencumbered immovable property pledged by the millers—Criminal Procedure Code, 1973, S.438.

Oct 24, 2018 sclaw

2018(3} Law Herald (SC) 2193 : 2018 LawHerald.Org 1442 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Uday Umesh Lalit Criminal Appeal…

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Arbitration

Arbitration and Conciliation Act, 1996 — Section 34, Section 37 — Challenge to arbitral award — Jurisdiction of arbitrator — Clause in a contract that states one party’s decision is final and cannot be challenged in any court or arbitration is void if it seeks to prevent adjudication on disputed liability, as the determination of breach and liability rests with an adjudicatory forum, not the party alleging breach.

Mar 24, 2026 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 (IBC) — Section 12A — Withdrawal of Corporate Insolvency Resolution Process (CIRP) — Commercial Wisdom of Committee of Creditors (CoC) — Primacy of CoC’s commercial wisdom in deciding withdrawal of CIRP is non-justiciable and not subject to appeal or review by adjudicating authorities, except on grounds of statutory illegality or jurisdictional infirmity — Supreme Court in a miscellaneous application concerning a disposed SLP from a civil revision cannot adjudicate rival offers or substitute its view for the CoC’s business decision.

Mar 24, 2026 sclaw
Service

Karnataka Recruitment of Gazetted Probationers (Appointment by Competitive Examinations) Rules, 1997 — Rule 11(1), 11(3) & Rule 4(3) — Selection process for Gazetted Probationers — Vacancy arising from non-joining candidate — Claims of next eligible candidate — Held, select list is not an open-ended reservoir of candidates but is prepared for notified vacancies & operates within statutory framework — Inclusion in select list does not confer indefeasible right to appointment — Appointment governed by Rules & notified vacancies — No provision for reserve/waiting list under 1997 Rules — Post left unfilled due to non-completion of pre-appointment formalities or non-joining cannot be filled by operating the same select list & claiming by next candidate in absence of express statutory provision — High Court erred in allowing writ petition & setting aside Tribunal’s order.

Mar 24, 2026 sclaw
Constitution

Constitution of India, 1950 — Articles 14, 15(1), 16, 309 — Relaxation in qualifying examination (TET) marks for reserved category candidates — The provision of relaxation in qualifying marks in TET enables reserved category candidates to enter the zone of consideration and does not affect their inter se merit in the main selection process (TAIT) — Migration to the open category is permissible if recruitment rules do not expressly prohibit it or are silent on the matter — Decisions in Pradeep Kumar and Sajib Roy are distinguishable as they dealt with candidates not fulfilling essential eligibility criteria, unlike in this case where relaxation in TET marks is expressly permitted by NCTE guidelines — The High Court erred in not allowing meritorious reserved category candidates to be considered under the general category — Appeals allowed, impugned judgment set aside.

Mar 24, 2026 sclaw