Supreme Court of India Judgements

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Category: Bail Granted

Bail Granted

Penal Code, 1860 (IPC) – Sections 406, 409, 420, 465, 468, 471 and 120B – Prevention of Corruption Act, 1988 – Section 13(1)(d) – Arbitration and Conciliation Act, 1996 – Sections 9 and 17 – Bail application – Arguments of threat to national security cannot accept this contention blind fold- In any case, the prosecution is not remedy less, if a person enlarged on bail, indulges in certain activities – BAIL GRANTED

Jun 20, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH JINOFER KAWASJI BHUJWALA — Appellant Vs. STATE OF GUJARAT — Respondent ( Before : Ashok Bhushan, M.R. Shah and V. Ramasubramanian, JJ. )…

Bail Granted

Penal Code, 1860 (IPC) -Sections 419, 420, 467, 468 and 471 – Allegation is that the appellant had sold the same flat to two persons – Continued custody of the appellant is not warranted – Charges have already been framed – Appellant has been in custody for over a year and three months – This Court direct that the appellant be released on bail

Mar 30, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KHURSHID KHAN — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : Dr Dhananjaya Y Chandrachud and Surya Kant, JJ. ) Criminal…

Bail Granted

Bail – Humanitarian grounds – There is no member of the family who is available to look after the spouse of the applicant and she is presently in the care of domestic staff – Applicant’s spouse had undergone three invasive open heart cardiac surgeries in the past and that she suffers from other serious medical conditions – In the past, when the applicant was released on interim bail, he had complied with the conditions which were imposed by the Court and had returned to custody as directed

Mar 30, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUBRATA BHATTACHARYA — Appellant Vs. SECURITIES AND EXCHANGE BOARD OF INDIA AND OTHERS — Respondent ( Before : D.Y. Chandrachud and Surya Kant, JJ.…

Bail Granted

Penal Code, 1860 – Sections 420, 467, 468 and 471 – Grant of interim bail – Medical grounds – Applicant is a builder who is alleged to have defrauded nearly 1400 persons and to have collected an amount of over Rs 40 crores – Since the applicant has been in custody for over three and half years and has suffered from cancer for which he had to undergo surgery – It appropriate and proper to direct release of the applicant on interim bail for a period of six weeks

Mar 30, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AZAM KHAN — Appellant Vs. THE STATE OF MAHARASHTRA — Respondent ( Before : D.Y. Chandrachud and Surya Kant, JJ. ) I.A. No.47747/2020 in…

Bail Granted

High Court ought to have kept in view that ‘Bail is rule and jail is exception’ – There is no gain saying that bail should not be granted or rejected in a mechanical manner as it concerns the liberty of a person . Penal Code, 1860 (IPC) – Sections 420, 177, 181, 193, 200, 120­B, 498­A, 323 and 506 – Bail application

Mar 18, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH JEETENDRA — Appellant Vs. STATE OF MADHYA PRADESH & ANR. — Respondent ( Before : S.A. Bobde, CJI., B.R. Gavai and Surya Kant.,…

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I P C

Penal Code, 1860 (IPC) – Sections 376(2)(g) and 506(1) – Tamil Nadu Prevention of Women Harassment Act, 1998 – Section 4 – Gang Rape – The victim’s testimony, along with her mother and aunt’s statements, was consistent with the initial complaint and corroborated by medical evidence – The defense argued that the long gap between the victim’s examination-in-chief and cross-examination led to inconsistencies in the witnesses’ testimonies – Whether the long gap between the victim’s examination-in-chief and cross-examination led to inconsistencies in the witnesses’ testimonies – The inconsistencies in the witnesses’ testimonies were not significant and did not affect the overall credibility of the evidence – The court dismissed the appeal and upheld the conviction of the appellant for gang rape and related charges – The court rejected the defense’s argument that the long gap between the victim’s examination-in-chief and cross-examination led to inconsistencies in the witnesses’ testimonies – The court found that the evidence presented was sufficient to convict the appellant for gang rape and related charges – The Supreme Court found that the evidence presented was sufficient to convict the appellant and rejected the defence’s arguments regarding inconsistencies in the witnesses’ testimonies.

May 12, 2024 sclaw
Limitation

Dismissal of Civil Suit – Condonation of delay – Standing to file an application – The court clarified that only parties to a suit or those who have accrued a right in the lis can file an application for condonation of delay in filing an application for restoration of the suit. A stranger to the proceedings cannot file such an application.

May 12, 2024 sclaw
Limitation

Limitation Act, 1963 – Haryana Public Moneys (Recovery of Dues) Act, 1979 – Section 3(1)(b) – State Financial Corporation Act, 1951 – Section 29 – The appeals arise from a High Court judgment regarding the recovery of time-barred debts under the Act, 1979, and the Act, 1951 – The main issue is whether a debt time-barred under the Limitation Act can be recovered using the aforementioned Acts – The appellants argued that time-barred debts cannot be recovered under the Recovery of Dues Act, citing the precedent set in V.R. Kalliyanikutty – The respondents argued that the Recovery of Dues Act and the State Financial Corporations Act allow for time-barred debt recovery, as they only bar the remedy, not the right – The court examined whether the Recovery of Dues Act creates a new right for creditors and allows for time-barred debt recovery – The court discussed the distinction between a debt and the right of action for its recovery, noting that the statute of limitation bars the latter but not the former – The court concluded that the Recovery of Dues Act and the State Financial Corporations Act provide an alternative mechanism for recovering debts, even if they are time-barred – Matter needs to be placed before the Hon’ble Chief Justice of India to constitute an appropriate three-judge bench.

May 12, 2024 sclaw
Consumer

Consumer Law – Policy Claim – The appellants, family of the deceased, filed a complaint after the LIC repudiated their claim on a policy following the policyholder’s accidental death – The main issue was whether there was a concluded contract between the deceased and LIC at the time of his death, which would obligate LIC to pay the insurance benefits – The appellants argued that LIC had accepted the first premium and issued a receipt, thereby assuming risk and concluding the contract before the policyholder’s death – LIC contended that the policy was not communicated to the deceased and was blocked due to his demise, implying no concluded contract existed – The Supreme Court set aside the NCDRC’s order, restored the District Forum’s order in favor of the appellants, and directed LIC to pay the insurance benefits as per the policy terms – The Court found clear presumption of acceptance of the policy by LIC, as the first premium receipt indicated the corporation was on risk from the receipt date – The Court relied on precedents that establish the principles of insurance contracts and the obligations of good faith expected from insurers – The Supreme Court concluded that LIC had indeed entered into a contract with the policyholder before his death, and thus, was liable to pay the insurance benefits to the appellants.

May 12, 2024 sclaw