Supreme Court of India Judgements

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Category: Bail Granted

Bail Granted

Anticipatory Bail in CBI case HELD When the primary focus is on documentary evidence, court fail to understand as to why the appellants should now be arrested – CBI did not require the custodial interrogation of the appellants during the period of investigation from 29.06.2019 till 31.12.2021 Bail granted

Mar 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MAHDOOM BAVA — Appellant Vs. CENTRAL BUREAU OF INVESTIGATION — Respondent ( Before : V. Ramasubramanian and Pankaj Mithal, JJ. ) Criminal Appeal No……..…

Bail Granted G S T

C G and S T Act, 2017 – Ss 132(1)(a), (h), (k) and (l) read with Section 132(5) – Bail – Evasion of tax – in a case of the present nature, the evidence to be tendered by the respondent would essentially be documentary and electronic – Ocular evidence will be through official witnesses, due to which there can be no apprehension of tampering, intimidating or influencing – Bail granted.

Dec 10, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RATNAMBAR KAUSHIK — Appellant Vs. UNION OF INDIA — Respondent ( Before : A.S. Bopanna and Hima Kohli, JJ. ) Petition For SLP (Crl.)…

Bail Granted

IPC Sections 376(2)(n) and 506 – Going by the allegations made in the First Information Report that the incident in question had occurred five months before the First Information Report was lodged and the attending circumstances, in our view, the case of anticipatory bail is made out.

Sep 12, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH BEERBAL PRASAD RAJORIYA — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : Uday Umesh Lalit, CJI. and S. Ravindra Bhat, JJ.…

Bail Granted

NDPS bail – material placed on record nothing of any contraband article has been recovered from the respondent or from any place under his exclusive control. This factor further adds on to the doubt as to whether the respondent had at all been indulgent in narcotics or any contraband?

Jul 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH STATE OF WEST BENGAL — Appellant Vs. RAKESH SINGH @ RAKESH KUMAR SINGH — Respondent ( Before : Dinesh Maheshwari and Aniruddha Bose, JJ.…

Bail Granted

Sections 10, 13, 15, 16, 17, 18, 18A, 18B, 19, 20, 23 and 38 of the Unlawful Activities (Prevention) Act, 1967 – HELD the evidence which has already unfolded and above all, the long period of incarceration that the appellant has already undergone, time has arrived when the appellant be enlarged on bail.

Apr 14, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JAHIR HAK — Appellant Vs. THE STATE OF RAJASTHAN — Respondent ( Before : K.M. Joseph and Hrishikesh Roy, JJ. ) Criminal Appeal No.…

Bail Granted

Suffice it to state that the amount of Rs.4 Crores has been deposited with the concerned authorities and the appellant has been enjoying the facility of ad-interim bail – Direct that the appellant shall continue to be on bail on the same conditions on which he was allowed the facility of ad-interim bail – Security and documents of surety furnished at that stage shall continue to be operative as conditions of bail.

Apr 10, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH MOHIT BATHLA — Appellant Vs. CENTRAL GOODS AND SERVICE TAX, DIVISION PANIPAT, CGST COMMISSIONERATE, PANCHKULA — Respondent ( Before : Uday Umesh Lalit, S.…

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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