Supreme Court of India Judgements

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Category: Cr P C

Cr P C

Penal Code, 1860 (IPC) – Sections 323, 406, 498A and 506 – Cruelty – Quashing of Chargesheet based on an FIR lodged by the appellant’s wife – The main issue is whether the criminal proceedings against the appellant should be quashed based on the allegations of dowry harassment and cruelty – The appellant argues that the FIR is vague, general, and lacks specific instances of criminal conduct – It is claimed to be a counterblast to a divorce petition and a domestic violence case, with an unexplained delay in filing the FIR indicating malice – The respondent contends that the allegations in the FIR disclose a cognizable offence and the truthfulness of these allegations should be determined by the trial court – The Supreme Court quashed the criminal proceedings, finding them to be an abuse of process and a travesty of justice – The Court reasoned that the allegations were made with an oblique motive and that continuing the proceedings would be unjust – The Court applied the principles from previous cases, emphasizing the need to scrutinize allegations in matrimonial disputes carefully and to prevent misuse of legal provisions – The Court concluded that the inherent power under Section 482 of the Cr.P.C. should have been exercised by the High Court to quash the proceedings and called for a relook at the relevant legal provisions to address the pragmatic realities of matrimonial disputes.

May 11, 2024 sclaw

2024 INSC 369 SUPREME COURT OF INDIA DIVISION BENCH ACHIN GUPTA — Appellant Vs. STATE OF HARYANA AND ANOTHER — Respondent ( Before : J.B. Pardiwala and Manoj Misra, JJ.…

Cr P C

“The charge sheet needs to include witness statements and include complete, clear entries that specify each accused person’s role” Criminal Procedure Code, 1973 (CrPC) – Section 173(2) – The appeals concern the nature of chargesheets filed by the state/police in some jurisdictions, particularly when they lack sufficient details of facts constituting the offense or relevant evidence – The main issue is whether chargesheets are being filed without adequate details or evidence, often merely reproducing the complainant’s details from the FIR, and whether this meets the legal requirements – The judgment discusses the legal position on the contents of a chargesheet as per Section 173(2) of the Code of Criminal Procedure, with reference to the recent judgment in Dablu Kujur vs. State of Jharkhand – The Court quashed the chargesheet and summoning order, discharging the appellants, and clarified that the observations made will not affect any civil proceedings.

May 5, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHARIF AHMED AND ANOTHER — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Sanjiv Khanna and S.V.N. Bhatti, JJ.…

Cr P C I P C

Penal Code, 1860 (IPC) – 147, 342, 323, 307 and 506 – Criminal Procedure Code, 1973 (CrPC) – Section 173(2) , 190 (1)(b) and 200 – Protest Petition – Magistrate to treat the Protest Petition as a complaint, proceeding according to Chapter XV of the Cr.P.C – The Court’s reasoning focused on the proper procedure for taking cognizance of an offence and the treatment of a Protest Petition when additional affidavits are filed – The conclusion emphasizes the Magistrate’s liberty to treat the Protest Petition as a complaint and the need to follow due process – The judicial opinion clarified the legal position regarding the Magistrate’s options upon receiving a closure report from the Investigating Officer.

Apr 27, 2024 sclaw

2024 INSC 316 SUPREME COURT OF INDIA DIVISION BENCH MUKHTAR ZAIDI — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Vikram Nath and Satish…

Cr P C

“FIR Quashed! Supreme Court Overturns Charges of Cheating After Finding Insufficient Evidence” – The Court finds that the FIR and charge-sheet, even if taken at face value, do not disclose the ingredients to attract the provision of Section 420 of IPC against the appellant – The Court discusses the principles for exercising jurisdiction under Section 482 of Cr.P.C. to quash complaints and criminal proceedings – The Court allows the appeal, quashing the order of the High Court and the FIR and charge-sheet against the appellant.

Mar 25, 2024 sclaw

SUPREME COURT OF INDIA FULL BENCH A.M. MOHAN — Appellant Vs. THE STATE REPRESENTED BY SHO AND ANOTHER — Respondent ( Before : B.R. Gavai, Rajesh Bindal and Sandeep Mehta,…

Cr P C

Criminal Procedure Code, 1973 – Section 482 – Inherent Powers – Where a dispute which is essentially of a civil nature, is given a cloak of a criminal offence, then such disputes can be quashed, by exercising the inherent powers under Section 482 of the Code – High Court must not hesitate in quashing such criminal proceedings which are essentially of a civil nature.

Mar 23, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NARESH KUMAR AND ANOTHER — Appellant Vs. THE STATE OF KARNATAKA AND ANOTHER — Respondent ( Before : Sudhanshu Dhulia and Prasanna B. Varale,…

Cr P C

Court directs that police reports must comply with Section 173(2) of Cr.P.C, detailing the investigation’s findings and ensuring all required documents and witness statements are included – Mandatory Compliance – The document underscores the importance of strict adherence to the procedural requirements for police reports, with non-compliance to be viewed seriously by the courts

Mar 23, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DABLU KUJUR — Appellant Vs. THE STATE OF JHARKHAND — Respondent ( Before : Bela M. Trivedi and Pankaj Mithal, JJ. ) Criminal Appeal…

Cr P C

Criminal Procedure Code, 1973 – Sections 197, 200 and 202 – Penal Code, 1860 (IPC) – Sections 323, 294, 427, 341, 447, 506B read with Section 34 and Sections 107, 141 of the – Illegally capturing of land and breaking of fencing – Criminal appeal filed by the appellants, who are officers of the Special Armed Forces (SAF), – held that the appellants acted in the performance of their statutory duties as officers of the SAF, and therefore, sanction was required to prosecute them – The court also found that the complaint lacked material particulars and evidence to support the allegations.

Mar 8, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MURARI LAL CHHARI AND OTHERS — Appellant Vs. MUNISHWAR SINGH TOMAR AND ANOTHER — Respondent ( Before : Abhay S. Oka and Ujjal Bhuyan,…

Cr P C I P C

Forging a power of attorney and a sale deed – High Court erred in assuming that there was no criminality involved in the alleged offences and that the matter was purely civil in nature – The Supreme Court also clarifies that the Sub-Registrar had the authority to initiate prosecution under the Registration Act, 1908, and that the quashing of the circular on which the Sub-Registrar relied did not affect the merits of the case.

Feb 25, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NAVIN KUMAR RAI — Appellant Vs. SURENDRA SINGH AND OTHERS — Respondent ( Before : B.R. Gavai and Sanjay Karol, JJ. ) Criminal Appeal…

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Tenders & Contracts

E-auction — Typographical error — e-auction for a manganese and iron ore block submitted a bid of 140.10% instead of its intended bid of 104.10% due to a typographical error — The court allowed the company’s appeal and ordered a fresh e-auction for the block — The company was also ordered to pay Rs 3 crore ($400,000) to the state as compensation for the delay caused by its error.

Jul 20, 2024 sclaw
Corporate

Drugs (Price Control) Order, 1995 — Paragraph 13 — Recovery of overcharged amount of drugs — Demand made by the National Pharmaceutical Pricing Authority (NPPA) to recover an overcharged amount for a Cloxacillin-based drug formulation called Roscilox — The Court found that the appellant’s admission of purchasing the drug directly from the manufacturer made it liable under Paragraph 13 of the Drugs (Price Control) Order, 1995 (DPCO) — The Court also rejected the appellant’s claim that it was only a ‘dealer’ and not a ‘distributor’ under the DPCO, as the definitions of these terms under the DPCO are not mutually exclusive — The Court further noted that the objective of the DPCO is to control the prices of medicinal drug formulations and ensure they are made available to the common man, and thus, the provision should not be subjected to a restricted or hidebound interpretation — Appeal Dismissed.

Jul 20, 2024 sclaw
I P C Matrimonial

Penal Code, 1860 (IPC) — Sections 498A, 323 and 504 — Dowry Prohibition Act, 1961 — Sections 3 and 4 — Irretrievable breakdown of marriage as a ground for divorce — The court recognized that irretrievable breakdown of marriage, where the parties have been living separately for a significant period and all efforts at reconciliation have failed, can be a valid ground for divorce — This expands the grounds for divorce beyond the traditional grounds mentioned in the Hindu Marriage Act, 1955.— One-time settlement as a mode of permanent alimony — The court allowed the parties to opt for a one-time settlement as a mode of permanent alimony, instead of periodic payments — This provides flexibility to the parties in resolving their financial obligations towards each other.

Jul 20, 2024 sclaw
Service

Bihar City Manager Cadre (Appointment and Service Conditions) Rules, 2014 — Rules 5 and 11 — The Supreme Court has dismissed appeals challenging the validity of a judgment by the Patna High Court, which allowed a candidate to be considered for appointment as a City Manager in Bihar — The candidate had scored to meet up the minimum qualifying marks of 32% — The court found that the minimum qualifying marks were only for the written test and not for the overall selection process — The court also rejected the appellants’ reliance on an executive order issued in 2007, stating that it was not applicable to the rules issued in 2014 — The court concluded that the candidate was eligible and qualified to be considered for appointment as she had met the minimum qualifying marks in the written test.

Jul 20, 2024 sclaw