Supreme Court of India Judgements

46670 Judgements hosted as on 9/12/2024 - Search (FREE), Subscribe, Read & Download

Category: Cr P C

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…

Cr P C

By passing such orders of staying the investigations and restraining the investigating agencies from taking any coercive measure against the accused pending the petitions under Section 482 Cr.PC, the High Court has granted blanket orders restraining the arrest without the accused applying for the anticipatory bail under Section 438 of Cr.PC

Feb 25, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DIRECTORATE OF ENFORCEMENT — Appellant Vs. NIRAJ TYAGI AND OTHERS — Respondent ( Before : Bela M. Trivedi and Prasanna B. Varale, JJ. )…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Section 482 – Penal Code, 1860 (IPC) – Sections 409, 467, 468, 471 and 420 – Quashing of FIR – Misuse of Power of Attorney -The dispute, if any, is between the land-owners/principals inter-se and/or between them and the PoA-holder – It would be improper to drag the appellant into criminal litigation, when he had no role either in the execution of the PoA nor any misdeed by the PoA-holder vis-a-vis the land-owners/principals – Moreover, the entire consideration amount has been paid by the appellant to the PoA-holder

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BHARAT SHER SINGH KALSIA — Appellant Vs. STATE OF BIHAR AND ANOTHER — Respondent ( Before : Vikram Nath and Ahsanuddin Amanullah, JJ. )…

Cr P C

Allegations do not establish the ingredients of criminal offences – Dispute between the parties was essentially a commercial nature – The Court concludes that the dispute between the parties is essentially a commercial one, and the allegations do not establish the ingredients of criminal offences such as criminal breach of trust – The Court quashes the criminal complaint case and the summoning order, allowing the appeal.

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SACHIN GARG — Appellant Vs. STATE OF U.P AND ANOTHER — Respondent ( Before : Aniruddha Bose and Sanjay Kumar, JJ. ) Criminal Appeal…

Constitution Cr P C

Mandatorily mention in a application for grant of bail: 1. Details and copies of order(s) passed in the earlier bail application(s) filed by the petitioner which have been already decided. 2. Details of any bail application(s) filed by the petitioner, which is pending either in any court, below the court in question or the higher court, and if none is pending, a clear statement to that effect has to be made 3. The registry of the court should also annex a pending bail application(s) in the crime case in question -4. It should be the duty of the Investigating Officer/any officer assisting the State Counsel in court to apprise him of the order(s), if any, passed by the court with reference to different bail applications or other proceedings in the same crime case

Jan 21, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KUSHA DURUKA — Appellant Vs. THE STATE OF ODISHA — Respondent ( Before : Vikram Nath and Rajesh Bindal, JJ. ) Criminal Appeal No.…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Sections 197 and 482 – Penal Code, 1860 (IPC) – Sections 409, 419, 420, 423, 465, 466, 467, 468, 471 and 473 – Fabrication of records – Sanction for prosecution – Section 197 Cr.PC does not extend its protective cover to every act or omission of a public servant while in service – It is restricted to only those acts or omissions which are done by public servants in the discharge of official duties – Certainly, a view can be taken that manufacturing of such documents or fabrication of records cannot be a part of the official duty of a public servant

Jan 18, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHADAKSHARI — Appellant Vs. STATE OF KARNATAKA AND ANOTHER — Respondent ( Before : Abhay S. Oka and Ujjal Bhuyan, JJ. ) Criminal Appeal…

Constitution Cr P C

CHANDRABABU NAIDU -As we have expressed opinions taking different views on the interpretation of Section 17A of the Prevention of Corruption Act, 1988 as also its applicability to the appellant in the subject-case, we refer the matter to the Honble the Chief Justice of India. The Registry to place the papers before the Honble the Chief Justice of India so that appropriate decision can be taken for the constitution of a Larger Bench in this case for adjudication on the point on which contrary opinions have been expressed by us.

Jan 18, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NARA CHANDRABABU NAIDU Vs. THE STATE OF ANDHRA PRADESH AND ANOTHER ( Before : Aniruddha Bose and Bela M. Trivedi, JJ. ) Criminal Appeal…

Constitution Cr P C

Rs 25 LAKHS IMPOSED ON UNSCRUPLOUS LITIGANT – Unnecessary turning of a civil matter into a criminal case not only overburdens the criminal justice system but also violates the principles of fairness and right conduct in legal matters – Unscrupulous litigants should not be allowed to go scot-free – They should be put to strict terms and conditions including costs. It is time to check with firmness such litigation initiated and laced with concealment, falsehood, and forum hunting – Even State actions or conduct of government servants being party to such malicious litigation should be seriously reprimanded – This Court impose costs of Rs. 25 lakhs on respondent-complainant.

Jan 14, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DINESH GUPTA — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Vikram Nath and Rajesh Bindal, JJ. )…

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Constitution Service

Classification of Military casualties and the eligibility for Liberalised Family Pension — Battle Casualty —Illness Caused by Extreme Climatic Conditions as Battle Casualty — The Court establishes that a soldier’s death due to illness resulting from extreme climatic conditions while on duty near a sensitive border area (such as the Line of Control) can be categorized as a ‘Battle Casualty’ — This expands the interpretation of what constitutes a battle casualty under military regulations. – Liberalised Family Pension (LFP) — Application of Category E (f) — The judgment clarifies that deaths occurring in war-like situations, including those near international borders or lines of control due to environmental stresses, fall under clause (f) of category E of the relevant military order — This broadens the scope of eligibility for LFP under such circumstances.

Dec 8, 2024 sclaw
Constitution

Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.

Dec 8, 2024 sclaw
Acquittal

Evidence Act, 1872 — Section 27 — Penal Code, 1860 (IPC) — Sections 384, 364, 302 and 201 — Murder — Circumstantial Evidence — The Supreme Court acquitted the appellant of murder charges as the prosecution failed to prove the crucial link of the accused’s disclosure leading to the discovery of skeletal remains under Section 27 and the DNA evidence was also found to be inconclusive due to lack of proper collection of samples. – Proof of Disclosure Statements under Section 27 — Voluntariness and Uninfluenced Nature — The Court reiterates that the information provided by an accused under Section 27 must be voluntary and uninfluenced by threat, duress, or coercion.

Dec 8, 2024 sclaw
Acquittal

Arms Act, 1959 — Sections 25, 54 and 59 — Buttondar knife — Specific Intent Required — The court clarifies that mere possession of a knife covered by a notification like the DAD Notification is not sufficient to constitute an offense under the Arms Act — There must be specific intent to use it for the prohibited purposes such as “manufacture, sale, or possession for sale or test.” – The prosecution must clearly allege and prove the intent of the accused to use the weapon for the specified prohibited purposes — Absence of such allegation in the charge-sheet renders the proceedings defective.

Dec 8, 2024 sclaw