Supreme Court of India Judgements

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Category: Cr P C

Cr P C

HELD converting a civil dispute into a criminal dispute, with a view to pressurize the accused. In the order impugned in these petitions, the High Court has given elaborate reasons as to how the allegations of bank fraud were developed during the proceedings concerning allegations of election fraud – Therefore, the impugned order cannot be said to be bad in the light of Neeharika (2021) SCC Online SC 315 case principles – High Court was perfectly justified in granting interim protection

Sep 27, 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

(CrPC) – S 357 – (IPC) – S 326 – Voluntarily causing grievous hurt by dangerous weapons – Assault with the sword and chopping of right leg and right forearm below the elbow and the brutality is apparent on the face of record – Compromise HELD the leg and arm of the victim are amputated in the alleged incident dated 13th December, 1993 and since then he has been fighting for life and is pursuing his daily chores with a prosthetic arm and leg and has lost his vital organs of his body and became permanently disabled and such act of the appellant is unpardonable – This Court not inclined to give any benefit of the alleged compromise for interfering in the sentence awarded by the High Court in the impugned judgment which at least does not call for interference of this Court.

Sep 23, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  BHAGWAN NARAYAN GAIKWAD — Appellant Vs. THE STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ.…

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,…

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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