Supreme Court of India Judgements

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Category: Cr P C

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.…

Cr P C

Mental and physical torture and demands of dowry – Reduction of sentence – Compensation to wife and children – If the appellant is showing remorse and is willing to make arrangements for second wife and his two children born out of the wedlock – This Court not like to come in the way of such an arrangement, which should be beneficial to wife and her children – Object of any criminal jurisprudence is reformative in character and to take care of the victim. reduce the sentence to the period undergone in case the appellant pays to second wife for her benefit and her children’s benefit a sum of Rs.3.00 lakhs

Sep 11, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SAMAUL SK. — Appellant Vs. THE STATE OF JHARKHAND AND ANOTHER — Respondent ( Before : Sanjay Kishan Kaul and Hrishikesh Roy, JJ. )…

Cr P C

Quashing of criminal proceedings – Stage of framing of charge – High Court has entered into the appreciation of the evidence and considered whether on the basis of the evidence, the accused is likely to be convicted or not, – HELD it is not a court conducting the trial and/or was not exercising the jurisdiction as an appellate court against the order of conviction or acquittal.

Aug 30, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SARANYA — Appellant Vs. BHARATHI AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M.R. Shah, JJ. ) Criminal Appeal No.…

Cr P C

Summoning additional accused – HELD As per the settled preposition of law, the powers under Section 319 CrPC can be exercised at any stage before the final conclusion of the trial. – dismissing the application under Section 319 CrPC submitted on behalf of the complainant to summon the private respondents herein as additional accused are unsustainable and deserve to be quashed and set aside and are accordingly quashed and set aside – Appeal allowed.

Aug 30, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MANJEET SINGH — Appellant Vs. STATE OF HARYANA AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M.R. Shah, JJ. )…

Cr P C

Improper To Quash FIR U/s 482 CrPC When There Are Serious Triable Allegations – the contents of FIR and prima facie material, if any, requiring no proof. At such stage, the High Court cannot appreciate evidence nor can it draw its own inferences from contents of FIR and material relied on. HELD the High Court cannot act like the Investigating agency nor can exercise the powers like an Appellate Court.

Aug 16, 2021 sclaw

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 787 OF 2021 Kaptan Singh …Appellant Versus The State of Uttar Pradesh and others …Respondents J U…

Cr P C

CrPC – S 482 – IPC – Ss 409, 420, 467, 468, 471 and 477A read with 120B – In exceptional cases with caution and circumspection, giving brief reasons, High Court has power passed to pass an protection interim order. there may be allegations of abuse of process of law, converting a civil dispute into a criminal dispute, with a view to pressurize the accused. High Court has given elaborate reasons as to how the allegations of bank fraud were developed during the proceedings concerning allegations of election fraud.

Aug 8, 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

S E B I Act, 1992 – Ss 24(1) & 24A – Compounding of offence – SEBI’s consent cannot be mandatory before SAT or the Court before which the proceeding is pending, for exercising the power of compounding under Section 24A- offences which lie outside the IPC, compounding may be permitted only if the statute which creates the offence contains an express provision for compounding before such an offence can be made compoundable – Power of compounding must, in other words, be expressly conferred by the statute which creates the offence.

Aug 8, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PRAKASH GUPTA — Appellant Vs. SECURITIES AND EXCHANGE BOARD OF INDIA — Respondent ( Before : Dr Dhananjaya Y Chandrachud and M R Shah,…

Cr P C

(CrPC) – Section 197 – Protection of Sanction – HELD to find out whether the alleged offence is committed “while acting or purporting to act in the discharge of his official duty” , the yardstick to be followed is to form a prima facie view whether the act of omission for which the accused was charged had a reasonable connection with the discharge of his duties.

Aug 8, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH INDRA DEVI — Appellant Vs. STATE OF RAJASTHAN AND ANOTHER — Respondent ( Before : Sanjay Kishan Kaul and Hemant Gupta, JJ. ) Criminal…

Cr P C

Fraud and misappropriation of funds – Power under Section 156(3) can be exercised by the Magistrate even before he takes cognizance provided the complaint discloses the commission of cognizable offence – he is not to examine the complainant on oath because he was not taking cognizance of any offence therein

Aug 7, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S SUPREME BHIWANDI WADA MANOR INFRASTRUCTURE PRIVATE LIMITED — Appellant Vs. THE STATE OF MAHARASHTRA AND ANOTHER — Respondent ( Before : Dr. Dhananjaya…

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I P C

Defamation — Imputation in Good Faith for Protection of Interests — Exception 9 to S. 499 IPC engrafts the principle of qualified privilege, stating it is not defamation to make an imputation on the character of another, provided it is made in good faith for the protection of the interest of the person making it, or of any other person, or for the public good

Apr 20, 2025 sclaw
Corporate

ESI – The definition of ‘principal employer’ under Section 2(17) is wide and includes not only the owner or occupier of a factory (or head of department in government establishments) but also the managing agent or any person responsible for the supervision and control of the establishment — Designation is immaterial if the person functions as a managing agent or supervises/controls the establishment

Apr 20, 2025 sclaw
Anticipatory Bail

Habitual Offender/Criminal Antecedents — Consideration of Nature of Current Offence — While the criminal antecedents and alleged status of an accused as a habitual offender are extremely relevant factors that ordinarily weigh against the grant of anticipatory bail, the High Court’s discretion in granting such bail may not warrant interference

Apr 20, 2025 sclaw
Circumstantial Evidence I P C

Murder (Filicide) vs. Suicide — In cases based on circumstantial evidence where the question is whether the death was homicidal (filicide) or suicidal, the prosecution must establish a complete chain of circumstances that points exclusively to the guilt of the accused and is inconsistent with any hypothesis of innocence

Apr 20, 2025 sclaw