Supreme Court of India Judgements

46400 Judgements hosted as on 14/04/2024 - Search (FREE), Subscribe, Read & Download

Category: Cr P C

Cr P C

“FIR Quashed! Supreme Court Overturns Charges of Cheating After Finding Insufficient Evidence” – The Court finds that the FIR and charge-sheet, even if taken at face value, do not disclose the ingredients to attract the provision of Section 420 of IPC against the appellant – The Court discusses the principles for exercising jurisdiction under Section 482 of Cr.P.C. to quash complaints and criminal proceedings – The Court allows the appeal, quashing the order of the High Court and the FIR and charge-sheet against the appellant.

Mar 25, 2024 sclaw

SUPREME COURT OF INDIA FULL BENCH A.M. MOHAN — Appellant Vs. THE STATE REPRESENTED BY SHO AND ANOTHER — Respondent ( Before : B.R. Gavai, Rajesh Bindal and Sandeep Mehta,…

Cr P C

Criminal Procedure Code, 1973 – Section 482 – Inherent Powers – Where a dispute which is essentially of a civil nature, is given a cloak of a criminal offence, then such disputes can be quashed, by exercising the inherent powers under Section 482 of the Code – High Court must not hesitate in quashing such criminal proceedings which are essentially of a civil nature.

Mar 23, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NARESH KUMAR AND ANOTHER — Appellant Vs. THE STATE OF KARNATAKA AND ANOTHER — Respondent ( Before : Sudhanshu Dhulia and Prasanna B. Varale,…

Cr P C

Court directs that police reports must comply with Section 173(2) of Cr.P.C, detailing the investigation’s findings and ensuring all required documents and witness statements are included – Mandatory Compliance – The document underscores the importance of strict adherence to the procedural requirements for police reports, with non-compliance to be viewed seriously by the courts

Mar 23, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DABLU KUJUR — Appellant Vs. THE STATE OF JHARKHAND — Respondent ( Before : Bela M. Trivedi and Pankaj Mithal, JJ. ) Criminal Appeal…

Cr P C

Criminal Procedure Code, 1973 – Sections 197, 200 and 202 – Penal Code, 1860 (IPC) – Sections 323, 294, 427, 341, 447, 506B read with Section 34 and Sections 107, 141 of the – Illegally capturing of land and breaking of fencing – Criminal appeal filed by the appellants, who are officers of the Special Armed Forces (SAF), – held that the appellants acted in the performance of their statutory duties as officers of the SAF, and therefore, sanction was required to prosecute them – The court also found that the complaint lacked material particulars and evidence to support the allegations.

Mar 8, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MURARI LAL CHHARI AND OTHERS — Appellant Vs. MUNISHWAR SINGH TOMAR AND ANOTHER — Respondent ( Before : Abhay S. Oka and Ujjal Bhuyan,…

Cr P C I P C

Forging a power of attorney and a sale deed – High Court erred in assuming that there was no criminality involved in the alleged offences and that the matter was purely civil in nature – The Supreme Court also clarifies that the Sub-Registrar had the authority to initiate prosecution under the Registration Act, 1908, and that the quashing of the circular on which the Sub-Registrar relied did not affect the merits of the case.

Feb 25, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NAVIN KUMAR RAI — Appellant Vs. SURENDRA SINGH AND OTHERS — Respondent ( Before : B.R. Gavai and Sanjay Karol, JJ. ) Criminal Appeal…

Cr P C

By passing such orders of staying the investigations and restraining the investigating agencies from taking any coercive measure against the accused pending the petitions under Section 482 Cr.PC, the High Court has granted blanket orders restraining the arrest without the accused applying for the anticipatory bail under Section 438 of Cr.PC

Feb 25, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DIRECTORATE OF ENFORCEMENT — Appellant Vs. NIRAJ TYAGI AND OTHERS — Respondent ( Before : Bela M. Trivedi and Prasanna B. Varale, JJ. )…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Section 482 – Penal Code, 1860 (IPC) – Sections 409, 467, 468, 471 and 420 – Quashing of FIR – Misuse of Power of Attorney -The dispute, if any, is between the land-owners/principals inter-se and/or between them and the PoA-holder – It would be improper to drag the appellant into criminal litigation, when he had no role either in the execution of the PoA nor any misdeed by the PoA-holder vis-a-vis the land-owners/principals – Moreover, the entire consideration amount has been paid by the appellant to the PoA-holder

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BHARAT SHER SINGH KALSIA — Appellant Vs. STATE OF BIHAR AND ANOTHER — Respondent ( Before : Vikram Nath and Ahsanuddin Amanullah, JJ. )…

Cr P C

Allegations do not establish the ingredients of criminal offences – Dispute between the parties was essentially a commercial nature – The Court concludes that the dispute between the parties is essentially a commercial one, and the allegations do not establish the ingredients of criminal offences such as criminal breach of trust – The Court quashes the criminal complaint case and the summoning order, allowing the appeal.

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SACHIN GARG — Appellant Vs. STATE OF U.P AND ANOTHER — Respondent ( Before : Aniruddha Bose and Sanjay Kumar, JJ. ) Criminal Appeal…

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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