Supreme Court of India Judgements

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Category: Cr P C

Cr P C

(CrPC) – S 482 – (IPC) – S 385 – Extortion – When a specific role was attributed to the accused, the High Court could not have quashed the FIR under Section 482 of the CrPC – cannot place reliance on a “draft charge-sheet” which is yet to be placed before the Magistrate to quash the criminal proceedings under Section 482.

Nov 13, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  JITUL JENTILAL KOTECHA — Appellant Vs. STATE OF GUJARAT AND OTHERS ETC — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and B.V. Nagarathna,…

Cr P C

Penal Code, 1860 (IPC) – Sections 452, 323, 325, 504, 506(2) and 114 – Criminal Procedure Code, 1973 (CrPC) – Section 482 – Criminal proceedings quashed – Appeal against – Observation made by the High Court that in view of bar under Section 197 of the Code of Criminal Procedure and no sanction was obtained is concerned cannot be ground to quash criminal proceedings in exercise of powers under Section 482 of the Code of Criminal Procedure – On the ground of delay in lodging FIR/complaint, the criminal proceedings cannot be quashed under Section 482 of the Cr P C

Oct 30, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHANTABEN BHURABHAI BHURIYA — Appellant Vs. ANAND ATHABHAI CHAUDHARI AND OTHERS — Respondent ( Before : M.R. Shah and Aniruddha Bose, JJ. ) Criminal…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Section 482 – Using casteist slur against neighbour – Quashing of proceedings – Compromise – Article 142 powers can be used – Mere fact that the offence is covered under a ‘special statute’ would not refrain this Court or the High Court, from exercising their respective powers under Article 142 of the Constitution or Section 482 Cr.P.C. – Proceedings quashed

Oct 30, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH RAMAWATAR — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : N.V. Ramana, CJI, Surya Kant and Hima Kohli, JJ. ) Criminal…

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.…

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Service

Cochin University of Science and Technology Act, 1986 — Section 31(10) and 31(11) — Selection and Appointment — Validity of Rank List and Communal Rotation — Harmonious Construction — Section 31(10) stipulates that the Rank List remains valid for two years, and vacancies arising during this period “shall be filled up from the list so published” — Section 31(11) mandates that “Communal rotation shall be followed category-wise” — These sub-sections operate in distinct spheres but are not mutually exclusive; the Rank List’s validity period (Sub-sec 10) co-exists with the mandatory application of communal rotation (Sub-sec 11) for every appointment made therefrom — Interpreting Sub-section (11) as becoming operative only after the Rank List expires would render the reservation/rotation requirement otiose during the list’s validity, defeating legislative intent and violating the doctrine of harmonious construction. (Paras 5, 5.2, 5.4, 5.5, 5.5.1, 5.5.2

Dec 19, 2025 sclaw
Acquittal I P C

Penal Code, 1860 (IPC) —Section 302 read with Sections 149 and 148 — Murder —Conviction affirmed by High Court — Appeal to Supreme Court — Sufficiency of evidence — Role of interested/related witnesses — Deposition of PW-4 (mother of deceased and alleged eyewitness) scrutinized closely — Material contradictions found in PW-4’s evidence regarding the manner of assault and who informed her — Failure of prosecution to examine key witness (deceased’s granddaughter, who initially informed PW-4) — Independent witnesses (PW-1, PW-2, PW-3 and PW-9) turned hostile — Recovery of weapons based on accused’s memorandum/statement rendered unreliable when supporting witnesses hostile. (Paras 4, 7, 8, 9, 10, 13, 14, 15)

Dec 19, 2025 sclaw
Constitution

Employees’ State Insurance Act, 1948 — Section 45A — Determination of contributions in certain cases — Preconditions for invoking Section 45A — Section 45A is a special provision for best-judgment assessment applicable only when an employer fails to submit, furnish, or maintain returns, particulars, registers, or records as required by Section 44, OR obstructs an Inspector or official in discharging duties under Section 45 — It is not an alternative mode of assessment available at the option of the Corporation — When records (ledgers, cash books, vouchers, etc.) are produced and the employer cooperates by attending multiple personal hearings, the mere allegation of inadequacy or deficiency of supporting documents does not satisfy the statutory threshold of “non-production” or “obstruction” to invoke Section 45A — Mere inadequacy of records does not confer jurisdiction under Section 45A. (Paras 14.6, 14.7, 24, 25, 27, 30)

Dec 19, 2025 sclaw
Tenders & Contracts

Tender and Contract — Eligibility Criteria — Interpretation of “prime contractor” and “in the same name and style” — Requirement of work experience — Where an NIT’s pre-qualification document requires “each prime contractor in the same name and style (tenderer)” to have completed previous work, and the term “prime contractor” is undefined, its meaning must be derived from common parlance as the tenderer primarily responsible for the contract offer; however, the requirement must be construed from the standpoint of a prudent businessman, considering the credentials and capacity to execute the work, not merely the name. (Paras 17, 20, 21.3)

Dec 19, 2025 sclaw