Cr P C Archives - Page 11 of 50 - Supreme Court of India Judgements

April 20, 2025 2:55 am

CrPC, Sec 406, – Article 139A of the Constitution – Order 39 of the Supreme Court Rules, 2013 – HELD phrase party interested under Section 406(2) of the CrPC, the Petitioner, being the real brother of the Deceased, is vitally interested in a fair trial – challenge to the locus standi of the Petitioner is thus rejected. there is no legal necessity to transfer the trial outside the State of West Bengal and the apprehensions of the Petitioner, some of which are indeed genuine, can be effectively redressed by issuing appropriate directions.

Mar 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AFJAL ALI SHA @ ABJAL SHAUKAT SHA — Appellant Vs. STATE OF WEST BENGAL AND OTHERS — Respondent ( Before : Surya Kant and…

Cr P C

No case is made out against the appellant at this stage for summoning an additional accused merely because he once had supplied a copy of the statement of account to the complainant which was either dim or mis-printed.

Mar 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MEENU PRAKASH BHANTU — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ.…

Cr P C

(CrPC) – Section 482 – Drugs and Cosmetics Act, 1940 – Section 18(c) and 27(b)(ii) – Drugs and Cosmetics Rules, 1945 – Rule 123 – Sanctioning authority had not examined at all whether a practising doctor could be prosecuted under the facts of the case, considering the small quantity of the drugs and the exception created in favour of medical practitioner under Rule 123, read with the Schedule “K” – Criminal proceedings is quashed

Mar 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH S. ATHILAKSHMI — Appellant Vs. THE STATE REP. BY THE DRUGS INSPECTOR — Respondent ( Before : Krishna Murari and Sudhanshu Dhulia, JJ. )…

Cr P C

(CrPC) – Section 319 – Summoning of additional accused – Only where strong and cogent evidence occurs against a person from the evidence laid before the court that such power should be exercised and not in a casual and cavalier manner.

Mar 5, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VIKAS RATHI — Appellant Vs. THE STATE OF U.P. AND ANOTHER — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. )…

Cr P C

CBI Investigation – It is to be used very sparingly and in an exceptional circumstance where the Court on appreciating the facts and circumstance arrives at the conclusion that there is no other option of securing a fair trial

Mar 5, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ROYDEN HAROLD BUTHELLO AND ANOTHER — Appellant Vs. STATE OF CHHATTISGARH AND OTHERS — Respondent ( Before : A.S. Bopanna and Ahsanuddin Amanullah, JJ.…

Cr P C

(CrPC) – Section 173(8) – Endeavor of the Court should be to have the fair investigation and fair trial only – mere filing of the chargesheet and framing of the charges cannot be an impediment in ordering further investigation / re-investigation / de novo investigation, if the facts so warrant

Mar 2, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ANANT THANUR KARMUSE — Appellant Vs. THE STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. )…

Cr P C

(CrPC) – S 319 – Power of summoning – HELD ordinarily the summoning of a person at the very threshold of the trial may be discouraged and the trial court must evaluate the evidence against the persons sought to be summoned and then adjudge whether such material is

Feb 23, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JUHRU AND OTHERS — Appellant Vs. KARIM AND ANOTHER — Respondent ( Before : Surya Kant and J.K. Maheshwari, JJ. ) Criminal Appeal No.…

Cr P C

PMLA, 2022 – Money-laundering – Territorial jurisdiction – Issue of territorial jurisdiction cannot be decided in a writ petition, especially when there is a serious factual dispute about the place/places of commission of the offence.

Feb 14, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RANA AYYUB — Appellant Vs. DIRECTORATE OF ENFORCEMENT THROUGH ITS ASSISTANT DIRECTOR — Respondent ( Before : V. Ramasubramanian and J.B. Pardiwala, JJ. )…

Cr P C

Penal Code, 1860 (IPC) – Ss 323, 384, 406, 423, 467, 468, 420 and 120B – Civil remedy – In respect of the issue involved, which is of civil nature, the respondent had already a civil suit and it is pending, there can be no doubt with respect to the fact that the attempt on the part of the respondent is to use the criminal proceedings as weapon of harassment against the appellants. FIR Quashed

Jan 31, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH USHA CHAKRABORTY AND ANOTHER — Appellant Vs. STATE OF WEST BENGAL AND ANOTHER — Respondent ( Before : Ajay Rastogi and C.T. Ravikumar, JJ.…

Cr P C Evidence Act

Chargesheet is not a “public document” – Therefore on conjoint reading of Section 173 Cr.P.C. and Section 207 Cr.P.C. the Investigating Agency is required to furnish the copies of the report along with the relevant documents to be relied upon by the prosecution to the accused and to none others. FIR on the website cannot be equated with putting the chargesheets

Jan 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SAURAV DAS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Writ Petition…

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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

Category: Cr P C

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