Supreme Court of India Judgements

467722 Judgements hosted as on 19/04/2025 - Search (FREE), Subscribe, Read & Download

Category: Cr P C

Cr P C

(CrPC) – Section 385 – Procedure for hearing appeal – In the absence of the records of the Court of Trial conviction cannot be upheld – Language of Section 385 shows that the Court sitting in appeal governed thereby is required to call for the records of the case from the concerned Court below

Apr 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JITENDRA KUMAR RODE — Appellant Vs. UNION OF INDIA — Respondent ( Before : Krishna Murari and Sanjay Karol, JJ. ) Criminal Appeal No.…

Cr P C

(CrPC) – Section 482 – Penal Code, 1860 (IPC) – Section 147, 148, 149, 452, 324, 307, 342 and 506 – Quashing of FIR – the irresistible conclusion to be drawn by this court is to accept the report of the jurisdictional police where under they have arrived at a conclusion that incident projected by the complainant appears to be false, and thereby the proceedings against the appellant deserves to be quashed – Appeal allowed.

Apr 24, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RITU TOMAR — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : B.R. Gavai and Aravind Kumar, JJ. ) Criminal Appeal…

Cr P C

(CrPC) – Section 167 – Default bail – 60/90 day remand period under Section 167 CrPC ought to be computed from the date when a Magistrate authorizes remand HELD the very moment the stipulated 60/90 day remand period expires, an indefeasible right to default bail accrues to the accused.

Apr 20, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH ENFORCEMENT DIRECTORATE, GOVERNMENT OF INDIA — Appellant Vs. KAPIL WADHAWAN AND ANOTHER ETC. — Respondent ( Before : K.M. Joseph, Hrishikesh Roy and B.V.…

Cr P C

(CrPC) – Section 433A – this is a case of a very brutal offence committed by a group of accused who were armed with deadly weapons – They have killed three persons at a time and injured two – Conviction of the appellant, under the impugned judgments, is upheld – However, the order of sentence is modified – Appellant shall undergo rigorous imprisonment for a fixed period of 30 years – Appeal partly allowed.

Apr 16, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHIV MANGAL AHIRWAR — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. ) Criminal…

Cr P C

Prevention of Money-laundering Act, 2002 – Section 65 – Transfer of case – An order under Section 167(2) of the Code had to be passed necessarily by the Magistrate “to whom an accused person is forwarded” – In fact, Section 167(2) contains the words “whether he has or has not jurisdiction to try the case” – Transfer petition dismissed.

Apr 14, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KA RAUF SHERIF — Appellant Vs. DIRECTORATE OF ENFORCEMENT AND OTHERS — Respondent ( Before : V. Ramasubramanian and Pankaj Mithal, JJ. ) Transfer…

Cr P C

(CrPC) – Section 482 – Quashing of criminal proceedings – Family dispute — looking to the relationship between the appellants and the original complainant of son, grandson and the mother/grandmother – Criminal proceedings against the appellants would not be in the larger interest of the parties – Criminal proceedings quashed – Appeal allowed.

Mar 26, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HEMANTBHAI BALVANTBHAI PATEL AND ANOTHER — Appellant Vs. THE STATE OF GUJARAT AND ANOTHER — Respondent ( Before : M.R. Shah and Krishna Murari,…

Cr P C

(CrPC) – Section 482 – – howsoever well intentioned, cannot be permitted to be operated in utter disregard of the well-recognized judicial principles governing uniform application of law – Unwarranted judicial activism may cause uncertainty or confusion not only in the mind of the authorities but also in the mind of the litigants.

Mar 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CARDINAL MAR GEORGE ALENCHERRY — Appellant Vs. STATE OF KERALA AND ANOTHER — Respondent ( Before : Dinesh Maheshwari and Bela M. Trivedi, JJ.…

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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