Cr P C Archives - Page 22 of 51 - Supreme Court of India Judgements

May 11, 2025 12:45 pm

PMLA – Search and seizure – If a statute provides for a thing to be done in a particular manner, then it has to be done in that manner and in no other manner – Authorised Officer is vested with sufficient power; such power is circumscribed by a procedure laid down under the statute – As such the power is to be exercised in that manner alone,

Feb 14, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH OPTO CIRCUIT INDIA LIMITED — Appellant Vs. AXIS BANK AND OTHERS — Respondent ( Before : S.A. Bobde, CJI., A.S. Bopanna and V. Ramasubramanian,…

Cr P C

(CrPC) – Section 482 – Main allegation was against accused but the prosecutrix married him and had given birth to two children out of that wedlock – In the absence of any allegation against accused – Continuation of proceedings against him is nothing but an abuse of process of law.

Feb 14, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VISHWAS BHANDARI — Appellant Vs. STATE OF PUNJAB AND ANOTHER — Respondent ( Before : Hemant Gupta and S. Ravindra Bhat, JJ. ) Criminal…

Cr P C

(CrPC) – Section 482 – Complainant does not even remember the place or the address – Complainant refused to undergo a medical examination – quashing petition expeditiously

Feb 13, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SANAM GUPTA — Appellant Vs. THE STATE OF RAJASTHAN AND ANOTHER. — Respondent ( Before : Dr. D.Y. Chandrachud and M.R. Shah, JJ. )…

Cr P C

(CrPC) – S 319 – Summoning order – Power under Section 319 CrPC is a discretionary and an extraordinary power – It is to be exercised sparingly and only in those cases where the circumstances of the case so warrant – It is not to be exercised because the Magistrate or the Sessions Judge is of the opinion that some other person may also be guilty of committing that offence

Feb 7, 2021 sclaw

(2021) 2 SCALE 221 SUPREME COURT OF INDIA FULL BENCH AJAY KUMAR @ BITTU AND ANOTHER — Appellant Vs. STATE OF UTTARAKHAND AND ANOTHER — Respondent ( Before : Ashok…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Sections 357 and 357-A – Victim compensation – Petitioners contends that both the provisions which appear to have been relied upon in the impugned order i.e. Sections 357 and 357-A of the Criminal Procedure Code would apply only at the stage of conviction and not at the stage of grant of bail so far as payment of compensation to the victims are concerned – This Court would like to examine the issue

Feb 7, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH DHARMESH @ DHARMENDRA @ DHAMO JAGDISHBHAI @ JAGABHAI BHAGUBHAI RATADIA AND ANOTHER — Appellant Vs. THE STATE OF GUJARAT — Respondent ( Before :…

Cr P C

Notice isssued – Sections 357 and 357-A of the Cr P C would apply only at the stage of conviction and not at the stage of grant of bail so far as payment of compensation to the victims are concerned.

Feb 2, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH DHARMESH @ DHARMENDRA @ DHAMO JAGDISHBHAI @ JAGABHAI BHAGUBHAI RATADIA AND ANOTHER — Appellant Vs. THE STATE OF GUJARAT — Respondent ( Before :…

Cr P C

High Court Exercising Bail Jurisdiction Cannot Pass Directions Which Will Have Direct Bearing Upon Trial

Jan 23, 2021 sclaw

some persons accused in a murder case approached the High Court seeking bail. Before the High Court, accused contended that a CCTV footage would prove their non-participation in the alleged…

Cr P C

Criminal Court Exercising Bail Jurisdiction Is Not Expected To Act As Recovery Agent To Realize Dues Of Complainant HELD “Criminal proceedings are not for realization of disputed dues.” Conditional bail on deposit Rs 41 Lakhs set aside.

Jan 22, 2021 sclaw

The Supreme Court observed that a criminal court, exercising jurisdiction to grant bail/anticipatory bail, is not expected to act as a recovery agent SLP(Crl) 10484/2019 1 IN THE SUPREME COURT…

Cr P C

P C Act, 1988 – Ss 13(1)(d) r/w 13(2) – (CrPC) – S 482 -An application by a person, described as a social activist and an Advocate, who is in no way connected with the criminal proceeding or criminal trial under Section 482 Cr.P.C. cannot ordinarily be entertained by the High Court.

Dec 17, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH SANJAI TIWARI — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R.…

Cr P C

HELD Investigation appears to be a sham, designed to conceal more than to investigate – Police has the primary duty to investigate on receiving report of the commission of a cognizable offence. This is a statutory duty under the Code of Criminal Procedure – Shri Satyarth Anirudh Pankaj, I.P.S. as the senior officer, State of Uttar Pradesh to carry out further investigation

Dec 17, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH AMAR NATH CHAUBEY — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : R.F. Nariman, Navin Sinha and Krishna Murari, JJ.…

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Service

Under Rule 17, CCS (Pension) Rules, 1972, prior contractual service counts towards pension upon subsequent regularisation, subject to the employee opting to refund/forgo specified monetary benefits.

May 6, 2025 sclaw

I B C

Service of an IBC Section 8 demand notice upon Key Managerial Personnel at the Corporate Debtor’s registered office constitutes valid service on the company, emphasizing substance over technical form.

May 6, 2025 sclaw

Cr P C

High Court’s inherent power to quash criminal proceedings precludes conducting a ‘mini trial’ by assessing evidence credibility; consistency requires acknowledging coordinate bench decisions involving co-accused.

May 5, 2025 sclaw

Cr P C

Quashing FIR under 482 CrPC impermissible when complaint prima facie discloses cognizable offences; allegations accepted true, investigation not thwarted based on delay, civil suit, or witness status if complicity alleged.

May 5, 2025 sclaw

Category: Cr P C

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