Supreme Court of India Judgements

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Category: Cr P C

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Section 482 – Penal Code, 1860 (IPC) – Sections 405, 419 and 420 – Quashing of proceedings – Mere breach of contract cannot give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction – Proceedings quashed – Appeal allowed.

Oct 26, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  MITESH KUMAR J. SHA — Appellant Vs. THE STATE OF KARNATAKA AND OTHERS — Respondent ( Before : S. Abdul Nazeer and Krishna Murari,…

Cr P C

Prisons Act, 1894 – Section 59 – Prisons (Bombay Furlough and Parole) Rules, 1959 – Rules 4(4), 4(6) and 4(10) – Rape Case – Prisoner sentenced to life imprisonment – Furlough Leave – Appeal against – Jail Superintendent has given a negative opinion based on the fact that the respondent kept a mobile phone inside the jail illegally and attempted to make contacts with the outside world – Rule 4(4) of the Rules provides for denial of furlough on grounds of disturbance to public peace and tranquillity – Order of High Court directed the release of respondent on furlough set aside – Appeal allowed.

Oct 20, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF GUJARAT AND ANOTHER — Appellant Vs. NARAYAN @ NARAYAN SAI @ MOTA BHAGWAN ASARAM @ ASUMAL HARPALANI — Respondent ( Before :…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Section 223 and 223(a) – Penal Code, 1860 (IPC) – Sections 34, 217, 218, 120B, 306, 328, 363A, 366 and 376 – Non-joinder of trials – Joint trial – Re-trial – Miscarriage of justice- A conviction or acquittal of the accused cannot be set aside on the mere ground that there was a possibility of a joint or a separate trial. To set aside the order of conviction or acquittal, it must be proved that the rights of the parties were prejudiced because of the joint or separate trial, as the case may be. Appeal allowed.

Oct 11, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH NASIB SINGH — Appellant Vs. THE STATE OF PUNJAB AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Vikram Nath and B.V.…

Cr P C

HELD (CrPC) – Sections 320 and 482 – Where the Court is squarely guided by the compromise between the parties in respect of offences ‘compoundable’ within the statutory framework, the extra­ordinary power enjoined upon a High Court under Section 482 Cr.P.C. or vested in this Court under Article 142 of the Constitution, can be invoked beyond the metes and bounds of Section 320 Cr.P.C

Oct 3, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAMGOPAL AND ANOTHER — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : N.V. Ramana, CJI and Surya Kant, JJ. )…

Cr P C

Summoning of accused – In the order issuing summons, the learned Magistrate has to record his satisfaction about a prima facie case against the accused -Merely because respondent Nos. 2 to 5 and 7 & 8 are the Chairman/Managing Director/Executive Director/Deputy General Manager/Planner & Executor, automatically they cannot be held vicariously liable, unless, as observed hereinabove, there are specific allegations and averments against them with respect to their individual role

Oct 3, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAVINDRANATHA BAJPE — Appellant Vs. MANGALORE SPECIAL ECONOMIC ZONE LIMITED AND OTHERS ETC. — Respondent ( Before : M.R. Shah and A.S. Bopanna, JJ.…

Cr P C

HELD converting a civil dispute into a criminal dispute, with a view to pressurize the accused. In the order impugned in these petitions, the High Court has given elaborate reasons as to how the allegations of bank fraud were developed during the proceedings concerning allegations of election fraud – Therefore, the impugned order cannot be said to be bad in the light of Neeharika (2021) SCC Online SC 315 case principles – High Court was perfectly justified in granting interim protection

Sep 27, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH A P MAHESH COOPERATIVE URBAN BANK SHAREHOLDERS WELFARE ASSOCIATION — Appellant Vs. RAMESH KUMAR BUNG AND OTHERS — Respondent ( Before : Indira Banerjee…

Cr P C

(CrPC) – S 357 – (IPC) – S 326 – Voluntarily causing grievous hurt by dangerous weapons – Assault with the sword and chopping of right leg and right forearm below the elbow and the brutality is apparent on the face of record – Compromise HELD the leg and arm of the victim are amputated in the alleged incident dated 13th December, 1993 and since then he has been fighting for life and is pursuing his daily chores with a prosthetic arm and leg and has lost his vital organs of his body and became permanently disabled and such act of the appellant is unpardonable – This Court not inclined to give any benefit of the alleged compromise for interfering in the sentence awarded by the High Court in the impugned judgment which at least does not call for interference of this Court.

Sep 23, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  BHAGWAN NARAYAN GAIKWAD — Appellant Vs. THE STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ.…

Cr P C

e their past and live amicably, this Court has come to their rescue by interfering in the quantum of sentence which obviously is not compoundable under Section 320 Cr.P.C. but has interfered since there is no minimum sentence prescribed – It is a fit case to take a sympathetic view and reconsider the quantum of sentence awarded to the appellant

Sep 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SY. AZHAR SY. KALANDAR — Appellant Vs. STATE OF MAHARASHTRA AND ANOTHER — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ.…

Cr P C

Restraining of arrest – Text of the order of High Court did not contain any direction restraining the arrest – Oral observations in court are in the course of a judicial discourse -Absent a written record of what has transpired in the course of a judicial proceeding, it would set a dangerous precedent if the parties and the investigating officer were expected to rely on unrecorded oral observations – High Court of issuing oral direction restraining the arrest of first respondent was irregular – Order set aside – Appeal allowed

Sep 11, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SALIMBHAI HAMIDBHAI MENON — Appellant Vs. NITESHKUMAR MAGANBHAI PATEL AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M.R. Shah, JJ.…

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I P C

Penal Code, 1860 (IPC) – Sections 376(2)(g) and 506(1) – Tamil Nadu Prevention of Women Harassment Act, 1998 – Section 4 – Gang Rape – The victim’s testimony, along with her mother and aunt’s statements, was consistent with the initial complaint and corroborated by medical evidence – The defense argued that the long gap between the victim’s examination-in-chief and cross-examination led to inconsistencies in the witnesses’ testimonies – Whether the long gap between the victim’s examination-in-chief and cross-examination led to inconsistencies in the witnesses’ testimonies – The inconsistencies in the witnesses’ testimonies were not significant and did not affect the overall credibility of the evidence – The court dismissed the appeal and upheld the conviction of the appellant for gang rape and related charges – The court rejected the defense’s argument that the long gap between the victim’s examination-in-chief and cross-examination led to inconsistencies in the witnesses’ testimonies – The court found that the evidence presented was sufficient to convict the appellant for gang rape and related charges – The Supreme Court found that the evidence presented was sufficient to convict the appellant and rejected the defence’s arguments regarding inconsistencies in the witnesses’ testimonies.

May 12, 2024 sclaw
Limitation

Dismissal of Civil Suit – Condonation of delay – Standing to file an application – The court clarified that only parties to a suit or those who have accrued a right in the lis can file an application for condonation of delay in filing an application for restoration of the suit. A stranger to the proceedings cannot file such an application.

May 12, 2024 sclaw
Limitation

Limitation Act, 1963 – Haryana Public Moneys (Recovery of Dues) Act, 1979 – Section 3(1)(b) – State Financial Corporation Act, 1951 – Section 29 – The appeals arise from a High Court judgment regarding the recovery of time-barred debts under the Act, 1979, and the Act, 1951 – The main issue is whether a debt time-barred under the Limitation Act can be recovered using the aforementioned Acts – The appellants argued that time-barred debts cannot be recovered under the Recovery of Dues Act, citing the precedent set in V.R. Kalliyanikutty – The respondents argued that the Recovery of Dues Act and the State Financial Corporations Act allow for time-barred debt recovery, as they only bar the remedy, not the right – The court examined whether the Recovery of Dues Act creates a new right for creditors and allows for time-barred debt recovery – The court discussed the distinction between a debt and the right of action for its recovery, noting that the statute of limitation bars the latter but not the former – The court concluded that the Recovery of Dues Act and the State Financial Corporations Act provide an alternative mechanism for recovering debts, even if they are time-barred – Matter needs to be placed before the Hon’ble Chief Justice of India to constitute an appropriate three-judge bench.

May 12, 2024 sclaw
Consumer

Consumer Law – Policy Claim – The appellants, family of the deceased, filed a complaint after the LIC repudiated their claim on a policy following the policyholder’s accidental death – The main issue was whether there was a concluded contract between the deceased and LIC at the time of his death, which would obligate LIC to pay the insurance benefits – The appellants argued that LIC had accepted the first premium and issued a receipt, thereby assuming risk and concluding the contract before the policyholder’s death – LIC contended that the policy was not communicated to the deceased and was blocked due to his demise, implying no concluded contract existed – The Supreme Court set aside the NCDRC’s order, restored the District Forum’s order in favor of the appellants, and directed LIC to pay the insurance benefits as per the policy terms – The Court found clear presumption of acceptance of the policy by LIC, as the first premium receipt indicated the corporation was on risk from the receipt date – The Court relied on precedents that establish the principles of insurance contracts and the obligations of good faith expected from insurers – The Supreme Court concluded that LIC had indeed entered into a contract with the policyholder before his death, and thus, was liable to pay the insurance benefits to the appellants.

May 12, 2024 sclaw