Supreme Court of India Judgements

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

Category: Cr P C

Bail Declined Cr P C

Default bail – In a case where an accused is released on default bail under Section 167(2) Cr.P.C., and thereafter on filing of the chargesheet, a strong case is made out and on special reasons being made out from the chargesheet that the accused has committed a non-bailable crime bail can be cancelled on merits

Jan 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE THROUGH CENTRAL BUREAU OF INVESTIGATION — Appellant Vs. T. GANGI REDDY @ YERRA GANGI REDDY — Respondent ( Before : M.R. Shah…

Cr P C

(CrPC) – Section 482 – Summoning order – Quashing of – When the allegations in the complaint are so absurd or inherently improbable, on the basis of which no prudent person can ever reach a just conclusion that there is sufficient wrong for proceeding against the accused, summons should not be issued – Summoning order quashed.

Jan 8, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DEEPAK GABA AND OTHERS — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Sanjiv Khanna and J.K. Maheshwari, JJ.…

Cr P C

Quashing of criminal complaint – gap of more than four years between the initial investigation and the filing of the complaint, and even after lapse of substantial amount of time, no evidence has been provided to sustain the claims in the complaint – law, must always ensure that frivolous cases do not pervert the sacrosanct nature of the law – Criminal complaint quashed

Dec 27, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HASMUKHLAL D. VORA AND ANOTHER — Appellant Vs. THE STATE OF TAMIL NADU — Respondent ( Before : Krishna Murari and S. Ravindra Bhat,…

Cr P C

(CrPC) – Section 427 – there must be a specific direction or order by the court that the subsequent sentence to run concurrently with the previous sentence.rule is that where there are different transactions, different crime numbers and cases have been decided by the different judgments, concurrent sentence cannot be awarded under Section 427 Cr.P.C

Dec 26, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH IQRAM — Appellant Vs. THE STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI. and Pamidighantam Sri…

Cr P C

(CrPC) – S 482 – (IPC) – S 420 – Quashing of Criminal Proceedings – Cheating – Forged signatures on sale deed – Civil remedy – if civil remedy is available and is in fact adopted, as has happened in the case on hand, the High Court should have quashed the criminal proceeding to prevent abuse of process of court – Criminal proceedings quashed –

Dec 18, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH R. NAGENDER YADAV — Appellant Vs. THE STATE OF TELANGANA AND ANOTHERR — Respondent ( Before : S. Abdul Nazeer and J.B. Pardiwala, JJ.…

Cr P C

(CrPC) – Sections 227, 228, 300 – Applicability of Section 300 of CrPC – Stage of discharge under Section 227 Cr.P.C. is a stage prior to framing of the charge (under Section 228 Cr.P.C.) and it is at that stage alone that the court can consider the application under Section 300 Cr.P.C. – Once the court rejects the discharge application, it would proceed to framing of charge under Section 228 Cr.P.C.

Dec 13, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CHANDI PULIYA — Appellant Vs. THE STATE OF WEST BENGAL — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Criminal Appeal…

Cr P C

(CrPC) – S 319 – Power to summon additional accused – Whether the trial court has the power under S/319 of CrPC for summoning additional accused when the trial with respect to other co-accused has ended HELD the summoning order has to precede the conclusion of trial by imposition of sentence in the case of conviction. If the order is passed on the same day, it will have to be examined on the facts and circumstances of each case and if such summoning order is passed either after the order of acquittal or imposing sentence in the case of conviction, the same will not be sustainable.

Dec 6, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH SUKHPAL SINGH KHAIRA — Appellant Vs. THE STATE OF PUNJAB — Respondent ( Before : S. Abdul Nazeer, B.R. Gavai, A.S. Bopanna, V. Ramasubramanian…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Section 482 – Quashing of Complaint/FIR – Complaint on the basis of which FIR came to be registered at the instance of the de-facto complainant does not disclose any act of the accused or their participation in the commission of crime – FIR quashed

Nov 29, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAMESH CHANDRA GUPTA — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : Ajay Rastogi and C.T. Ravikumar, JJ. ) Criminal…

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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