Supreme Court of India Judgements

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Category: Cr P C

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Ss 167, 173 and 272 – A charge sheet filed within the period provided either under Section 167 of CrPC or any other relevant statute in a language other than the language of the Court or the language which the accused does not understand, is not illegal and no one can claim a default bail on that ground – the investigating agency/officer to file charge sheet in the language of the Court determined in accordance with Section 272 of CrPC

Aug 29, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CENTRAL BUREAU OF INVESTIGATION AND OTHERS — Appellant Vs. NAROTTAM DHAKAD AND ANOTHER — Respondent ( Before : Abhay S. Oka and Rajesh Bindal,…

Constitution Cr P C

An accused is under an obligation to stand for identification parade – An accused cannot resist subjecting himself to the TIP on the ground that he cannot be forced or coerced for the same – Conduct of Test Identification Parade not violates the fundamental right of an accused under Article 20(3) of the Constitution

Aug 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MUKESH SINGH — Appellant Vs. THE STATE (NCT OF DELHI) — Respondent ( Before : M.M. Sundresh and J.B. Pardiwala, JJ. ) Criminal Appeal…

Cr P C

To give threat to a person to withdraw a complaint or FIR or settle the dispute would not attract Section 195A of the IPC — Nowhere the first informant has stated that out of fear, she paid Rs. 10 Lakh to the accused persons – No offence under Section 386 of the IPC can be said to have been made out — FIR quashed.

Aug 19, 2023 sclaw

SUPREME COURT OF INDIA Before: B.R. Gavai & J.B. Pardiwala, JJ. Criminal Appeal No. 2344 of 2023 (Arising out of S.L.P. (Criminal) No. 3152 of 2023) Decided on: 08.08.2023 Salib…

Cr P C I P C

Held, in view of the decision rendered by the Constitution Bench in Lalita Kumari’s case (2014) 2 SCC 1, registration of FIR is mandatory u/s 154 of CrPC, if the information discloses commission of cognizable offence — Appeal allowed and direction given to concerned respondents to proceed further with the complaints filed by the appellant in accordance with law.

Aug 17, 2023 sclaw

SUPREME COURT OF INDIA Before: Bela M. Trivedi & Dipankar Datta, JJ. SLP (Crl.) No. 5883 of 2020) Decided on: 08.08.2023 Sindhu Janak Nagargoje – Appellant(s) Versus The State of…

Cr P C I P C

Release of rosewood logs and lorry – Illicit rosewood logs. 37 such logs were found beneath 92 bunches of bananas and 26 bags of rice husk – Lorry nor the rosewood logs are available as both have been sold by the state and the amount is lying with the exchequer, hence cannot be returned back – Release order upheld.

Aug 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ASSISTANT WILD LIFE WARDEN AND ANOTHER — Appellant Vs. K. K. MOIDEEN AND ANOTHER — Respondent ( Before : Abhay S. Oka and Rajesh…

Cr P C

Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 – Sections 2 and 3 – Quashing of FIR – Final report was filed by the investigation officer stating that no case was made out to proceed against the appellant for the alleged offences – Final report having been accepted by the Additional Sessions Judge, nothing more requires to be adjudicated upon in the present matter – Appeal disposed of.

Aug 10, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MOHMOOD ALI — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : B.R. Gavai and J.B. Pardiwala, JJ. ) Criminal Appeal…

Cr P C

Held, although a person working in a Nationalised Bank is a public servant, yet the provisions of Section 197 of the CrPC would not be attracted at all as Section 197 is attracted only in cases where the public servant is such who is not removable from his service save by or with the sanction of the Government

Aug 10, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH A. SREENIVASA REDDY — Appellant Vs. RAKESH SHARMA AND ANOTHER — Respondent ( Before : B.R. Gavai and J.B. Pardiwala, JJ. ) Criminal Appeal…

Cr P C I P C

Quashing of FIR – Rape – Victim has not furnished any information in regard to the date and time of the commission of the alleged offence – Investigation is over and charge sheet is ready to be filed before the competent court – Although the allegations levelled in the FIR do not inspire any confidence more particularly in the absence of any specific date, time, etc. of the alleged offences – Quashed

Aug 10, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH IQBAL @ BALA AND OTHERS — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : B.R. Gavai and J.B. Pardiwala, JJ.…

Cr P C I P C

If the entire case of the prosecution is believed or accepted to be true, none of the ingredients to constitute the offence of dacoity punishable under Section 395 of the IPC is made out – None of the ingredients to constitute the offence punishable under Section 365, 342 and 506 respectively of the IPC are disclosed on plain reading of the FIR – FIR is nothing but abuse of the process of law – FIR quashed.

Aug 10, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HAJI IQBAL @ BALA THROUGH S.P.O.A. — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : B.R. Gavai and J.B. Pardiwala,…

Cr P C

Whenever an accused comes before the Court invoking either the inherent powers under Section 482 of the Code of Criminal Procedure (CrPC) or extraordinary jurisdiction under Article 226 of the Constitution to get the FIR or the criminal proceedings quashed essentially on the ground that such proceedings are manifestly frivolous or vexatious or instituted with the ulterior motive for wreaking vengeance, then in such circumstances the Court owes a duty to look into the FIR with care and a little more closely – FIR quashed.

Aug 10, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SALIB @ SHALU @ SALIM — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : B.R. Gavai and J.B. Pardiwala, JJ.…

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Direct Taxation Income Tax Act

Income Tax Act, 1961 — Section 147 and 148 — Reopening of assessment — Validity — Tangible material — Change of opinion — Assessing Officer has no power to review an assessment; reassessment must be based on tangible material, not a mere change of opinion — The discovery of fresh information during a survey, which reveals the true nature of a transaction and suggests income has escaped assessment, can form the basis for reopening an assessment, even if certain disclosures were made during the original assessment.

May 14, 2026 sclaw
Matrimonial

Wife’s pursuit of professional career and desire to provide safe environment for child are not grounds for cruelty or desertion. -Family Law — Divorce — Grounds — Cruelty and Desertion — Wife’s pursuit of professional career and desire to provide safe environment for child are not grounds for cruelty or desertion.

May 14, 2026 sclaw
Constitution Education

Constitution of India, 1950 — Article 19(1)(a) and Article 21A — Right to education — Medium of instruction — Freedom of speech and expression includes the right to receive information in a comprehensible manner — Education must be imparted in a language that the child understands best — Right to primary education in a language of choice is part of freedom of speech and expression — State cannot impose controls on such choice.

May 14, 2026 sclaw
Accident

Motor Vehicles Act, 1988 — Compensation — Enhancement — Deceased was an engineering student with good academic record and potential future earnings — High Court enhanced compensation but it was found to be on the lower side — The Supreme Court assessed the monthly income at Rs. 12,000/-, added 40% for future prospects, deducted half for personal expenses, and applied a multiplier of 18 — Compensation under conventional heads was also enhanced — The motorcycle damage was awarded as per the surveyor’s report.

May 14, 2026 sclaw