Cr P C Archives - Page 19 of 56 - Supreme Court of India Judgements

January 13, 2026 7:24 am

Draft Rules of Criminal Practice, 2021 – Rule 4 – Supply of documents – Right of the accused to receive the list of documents, material, etc. would only apply after the draft rules are adopted – would lead to an anomalous situation where the right of the accused in one state, prejudicially differs from that afforded to an accused, in another.

Nov 13, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH P. PONNUSAMY — Appellant Vs. THE STATE OF TAMIL NADU — Respondent ( Before : Uday Umesh Lalit, CJI., S. Ravindra Bhat and Bela…

Cr P C

Section 145/146 CrPC Proceedings Must Come To An End Once Civil Court Is Seized Of The Matter

Nov 9, 2022 sclaw

The interse rights of the parties regarding title or possession are eventually to be determined by the Civil Court “Once the Civil Court is seized of the matter, it goes…

Cr P C Evidence Act I P C

Extra Judicial Confession Of A Co-Acccused Cannot Be Relied On As Substantive Evidence ; It’s Only A Corroborative Piece Of Evidence

Oct 30, 2022 sclaw

Extra Judicial Confession Of A Co-Acccused Cannot Be Relied On As Substantive Evidence ; It’s Only A Corroborative Piece Of Evidence To come to the ratio, we find that the…

Cr P C I P C

(IPC) – Section 499 – Defamation – Private Complaint by Minister/Public Servant – essential ingredient of Section 499 is that the imputation made by the accused should have the potential to harm the reputation of the person against whom the imputation is made – HELD statements such as “I will expose you”, “I will expose your corrupt practices” and “I will expose the scam in which you are involved, etc.” are not by themselves defamatory unless there is something more.

Oct 18, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MANOJ KUMAR TIWARI — Appellant Vs. MANISH SISODIA AND OTHERS — Respondent ( Before : S. Abdul Nazeer and V. Ramasubramanian, JJ. ) Criminal…

Cr P C I P C

Sections 409, 467, 468 and 420 of the Indian Penal Code, 1860 – Further investigations – misappropriation of stocks worth Rs. 16,99,648/- – HELD entire matter is left open for examination by the investigating agency, by the sanctioning authority, and by the Court concerned at the relevant stage and in accordance with law.

Oct 16, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DEVENDRA NATH SINGH — Appellant Vs. STATE OF BIHAR AND OTHERS — Respondent ( Before : Dinesh Maheshwari and Aniruddha Bose, JJ. ) Criminal…

Cr P C

(i) Whether Section 340 of the Code of Criminal Procedure, 1973 mandates a preliminary inquiry and an opportunity of hearing to the would-be accused before a complaint is made under Section 195 of the Code by a Court? (ii) what is the scope and ambit of such preliminary inquiry?” First Question answer NEGATIVE second question resolved in (2005) 4 SCC 370

Oct 11, 2022 sclaw

SUPREME COURT OF INDIA Before: Sanjay Kishan Kaul, Abhay S. Oka & Vikram Nath, JJ. Criminal Appeal No. 335 of 2020 Decided on: 15.09.2022 The State of Punjab – Appellant…

Cr P C

(CrPC) – Section 482 – HELD there cannot be two investigating agencies with respect to the same FIRs/complaints arising out of the same incident/occurrence with respect to different co-accused

Sep 27, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH NAVIKA KUMAR — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : M.R. Shah and Krishna Murari, JJ. ) Writ Petition…

Cr P C

HELD appellants never claimed any interest in the land and the fact that his bona fides are clear when he sought release in favour of 4th respondent i.e. the complainant, in our view, the application seeking discharge as filed by the present appellants deserves acceptance.

Sep 20, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH P. VIJAY NATARAJ AND OTHERS — Appellant Vs. STATE AND ANOTHER — Respondent ( Before : Uday Umesh Lalit, CJI., and S. Ravindra Bhat,…

Cr P C

Cr P C Section 406 – ‘Whether the criminal cases pending before different Trial Courts in four States can be transferred to one Trial Court in one State?; Whether transfer of case of one of the criminal case which is at the final stage of trial before concerned Court in Nagpur, can be directed to be transferred at such belated stage?’ HELD that to meet the ends of justice and fair trial, the transfer petitions deserve to be allowed.

Sep 13, 2022 sclaw

SUPREME COURT OF INDIA SINGLE BENCH KETAN KANTILAL SETH — Appellant Vs. STATE OF GUJARAT AND OTHERS — Respondent ( Before : J.K. Maheshwari, J. ) Transfer Petition (Criminal) Nos.…

Cr P C

(CrPC) – Section 482 – Quashing of criminal proceedings on the basis of settlement – Court cannot deal with cases involving abuse of official position and adoption of corrupt practices, like suits for specific performance, where the refund of the money paid may also satisfy the agreement holder – High Court completely erred – Appeal allowed.

Sep 11, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH P. DHARAMARAJ — Appellant Vs. SHANMUGAM AND OTHERS — Respondent ( Before : S. Abdul Nazeer and V. Ramasubramanian, JJ. ) Criminal Appeal No.…

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Arbitration

Arbitration and Conciliation Act, 1996 — Sections 5, 34, and 37 — Scope of Judicial Intervention — Minimum intervention of judicial authority in domestic arbitration matters is required under Section 5 — Challenge to an arbitral award under Section 34 is limited to specific grounds, including patent illegality or conflict with the public policy of India — Scope of interference by the Appellate Court under Section 37 is akin to and cannot travel beyond the restrictions laid down under Section 34 — Appellate Court cannot undertake an independent assessment of the merits of the award or re-interpret contractual clauses if the interpretation by the Arbitral Tribunal was a plausible view and upheld under Section 34 — Setting aside an arbitral award under Section 37, which was upheld under Section 34, based on providing a different interpretation of contractual clauses is unsustainable in law. (Paras 24, 25, 30, 31, 36, 37, 39, 50, 51)

Jan 11, 2026 sclaw

Limitation

Limitation Act, 1963 — Article 54 — Suit for specific performance — Commencement of limitation period — Where the defendant subsequently executed an affidavit ratifying the agreement to sell and conveying no-objection to the transfer, the period of limitation commences from the date of the admitted affidavit, as this is the stage at which the executant finally refused to execute the sale deed to the extent of her share — Trial court and High Court erred in dismissing the suit on the ground of limitation calculated from an earlier disputed date. (Paras 13, 35, 36, 37)

Jan 11, 2026 sclaw

Arbitration

Arbitration and Conciliation Act, 1996 — Section 9(2) read with Rule 9(4) of 2001 Rules — Setting aside High Court judgment — High Court erroneously treated the date of filing of the Section 11 petition (28.06.2024) as the commencement date, leading to the conclusion that proceedings commenced beyond the statutory period — Where the arbitration notice was served (on 11.04.2024) well within the 90-day period from the ad-interim injunction order (17.02.2024), proceedings commenced in time as per Section 21 — High Court’s finding unsustainable, resulting in the restoration of the Trial Court’s initial ad-interim injunction order. (Paras 28, 31, 32) E. Arbitration and Conciliation Act, 1996 — Section 9 — Interim injunction — Dispute regarding existence

Jan 11, 2026 sclaw

Corporate

Motor Vehicles Act, 1988 — Section 2(28) — Definition of “motor vehicle” — Components — Definition has two parts: an inclusive part (mechanically propelled vehicle adapted for use upon roads) and an exclusive part — The second part expressly excludes “a vehicle of a special type adapted for use only in a factory or in any other enclosed premises” — Although Dumpers, Loaders, etc., may fall under the first part of the definition, they are excluded if their nature of use is confined to factory or enclosed premises, being special type vehicles/Construction Equipment Vehicles. (Paras 36, 37, 38, 39)

Jan 11, 2026 sclaw

Category: Cr P C

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