Supreme Court of India Judgements

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Category: Cr P C

Constitution Cr P C

SCOI to constitute a three-judge bench to hear Central government’s application seeking the recall of a top court verdict wherein it had ruled in Ritu Chhabaria v. Union of India that an accused will be entitled to default bail if an incomplete charge sheet is filed by the investigating agency .

May 2, 2023 sclaw

SCOI to constitute a three-judge bench to hear Central government’s application seeking the recall of a top court verdict wherein it had ruled that an accused will be entitled to…

Bail Granted Constitution Cr P C

Right of default bail under Section 167(2) of the CrPC is not merely a statutory right, but a fundamental right that flows from Article 21 of the Constitution of India – During the pendency of the investigation, supplementary chargesheets were filed by the Investigation Agency just before the expiry of 60 days – Interim order of bail is upheld.

Apr 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RITU CHHABARIA — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Krishna Murari and C. T. Ravikumar, JJ. ) Writ…

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…

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Service

Cochin University of Science and Technology Act, 1986 — Section 31(10) and 31(11) — Selection and Appointment — Validity of Rank List and Communal Rotation — Harmonious Construction — Section 31(10) stipulates that the Rank List remains valid for two years, and vacancies arising during this period “shall be filled up from the list so published” — Section 31(11) mandates that “Communal rotation shall be followed category-wise” — These sub-sections operate in distinct spheres but are not mutually exclusive; the Rank List’s validity period (Sub-sec 10) co-exists with the mandatory application of communal rotation (Sub-sec 11) for every appointment made therefrom — Interpreting Sub-section (11) as becoming operative only after the Rank List expires would render the reservation/rotation requirement otiose during the list’s validity, defeating legislative intent and violating the doctrine of harmonious construction. (Paras 5, 5.2, 5.4, 5.5, 5.5.1, 5.5.2

Dec 19, 2025 sclaw
Acquittal I P C

Penal Code, 1860 (IPC) —Section 302 read with Sections 149 and 148 — Murder —Conviction affirmed by High Court — Appeal to Supreme Court — Sufficiency of evidence — Role of interested/related witnesses — Deposition of PW-4 (mother of deceased and alleged eyewitness) scrutinized closely — Material contradictions found in PW-4’s evidence regarding the manner of assault and who informed her — Failure of prosecution to examine key witness (deceased’s granddaughter, who initially informed PW-4) — Independent witnesses (PW-1, PW-2, PW-3 and PW-9) turned hostile — Recovery of weapons based on accused’s memorandum/statement rendered unreliable when supporting witnesses hostile. (Paras 4, 7, 8, 9, 10, 13, 14, 15)

Dec 19, 2025 sclaw
Constitution

Employees’ State Insurance Act, 1948 — Section 45A — Determination of contributions in certain cases — Preconditions for invoking Section 45A — Section 45A is a special provision for best-judgment assessment applicable only when an employer fails to submit, furnish, or maintain returns, particulars, registers, or records as required by Section 44, OR obstructs an Inspector or official in discharging duties under Section 45 — It is not an alternative mode of assessment available at the option of the Corporation — When records (ledgers, cash books, vouchers, etc.) are produced and the employer cooperates by attending multiple personal hearings, the mere allegation of inadequacy or deficiency of supporting documents does not satisfy the statutory threshold of “non-production” or “obstruction” to invoke Section 45A — Mere inadequacy of records does not confer jurisdiction under Section 45A. (Paras 14.6, 14.7, 24, 25, 27, 30)

Dec 19, 2025 sclaw
Tenders & Contracts

Tender and Contract — Eligibility Criteria — Interpretation of “prime contractor” and “in the same name and style” — Requirement of work experience — Where an NIT’s pre-qualification document requires “each prime contractor in the same name and style (tenderer)” to have completed previous work, and the term “prime contractor” is undefined, its meaning must be derived from common parlance as the tenderer primarily responsible for the contract offer; however, the requirement must be construed from the standpoint of a prudent businessman, considering the credentials and capacity to execute the work, not merely the name. (Paras 17, 20, 21.3)

Dec 19, 2025 sclaw