Supreme Court of India Judgements

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Category: Cr P C

Cr P C

Summoning order–Petition under Section 482 Cr.P.C. against summoning order–Petition dismissed by High Court stating that remedy of revision under Section 397 Cr.P.C. also available–Held; it is difficult to conceive that jurisdiction of High Court would be held to be barred only because the revisional jurisdiction could also be availed of.

Jul 5, 2020 sclaw

Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Criminal Appeal No. 2055 of 2008 Dharimal Tobaco Products Ltd. v. Sate of Maharashtra {Decided on 17/12/2008}…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Sections 156(3) and 173 – Protest petition – When a complaint sent to police under/S 156(3) for investigation and then a protest petition is filed, the Magistrate after accepting the final report of the police under Section 173 and discharging the accused persons has the power to deal with the protest petition.

Jun 28, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH SUBHASH SAHEBRAO DESHMUKH — Appellant Vs. SATISH ATMARAM TALEKAR AND OTHERS — Respondent ( Before : Navin Sinha and Indira Banerjee, JJ. )…

Cr P C

Penal Code, 1860 (IPC) – Sections 120-B, 220, 323, 330 348, 506B and 34 – Criminal Procedure Code, 1973 (CrPC) – Sections 197, 245 and 482 – Karnataka Police Act, 1963 – Section 170 – Cognizance of offence – Quashing of proceedings – Want of sanction – Whether sanction is necessary or not may have to be determined at any stage of the proceedings. HELD application under Section 482 of the Criminal Procedure Code is maintainable to quash proceedings which are ex facie bad for want of sanction, frivolous or in abuse of process of court. Proceedings quashed.

Jun 20, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH D. DEVARAJA — Appellant Vs. OWAIS SABEER HUSSAIN — Respondent ( Before : R. Banumathi and Indira Banerjee, JJ. ) Criminal Appeal No.…

Cr P C

V IMP – DEFAULT BAIL ::: HELD This Court are of the view that neither this Court in its order dated 23.03.2020 (Extension of Limitation) can be held to have eclipsed the time prescribed under Section 167(2) of Cr.P.C. nor the restrictions which have been imposed during the lockdown announced by the Government shall operate as any restriction on the rights of an accused as protected by Section 167(2) CrPC to get to get a default bail

Jun 20, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH S.KASI — Appellant Vs. STATE THROUGH THE INSPECTOR OF POLICE SAMAYNALLUR POLICE STATION MADURAI DISTRICT — Respondent ( Before : Ashok Bhushan, M.R.…

Cr P C

Accused Can Challenge Conviction In Appeal Filed By The State Even If He Did Not Prefer A Formal Appeal: SC HELD The accused No. 5 (Mehram S/o Chhagna Ram) is justified in contending that it is open to the said accused to challenge the finding and order of conviction under Section 326/148, IPC recorded against him in the appeal filed by the State, assailing the impugned judgment of the High Court.

May 7, 2020 sclaw

Accused Can Challenge Conviction In Appeal Filed By The State Even If He Did Not Prefer A Formal Appeal: SC [Read Judgment] LIVELAW NEWS NETWORK 7 May 2020 11:09 AM…

Cr P C

We are inclined to accept the contention that the High Court could not have directed the registration of an FIR with a direction to the police to investigate and file the final report in view of the judgment of this Court in Sakiri Vasu v. State Of Uttar Pradesh And Others.” HELD that section 156(3) CrPC is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation, and it includes the power to order registration of an FIR and of ordering a proper investigation

Mar 21, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH M. SUBRAMANIAM AND ANOTHER — Appellant Vs. S. JANAKI AND ANOTHER — Respondent ( Before : N.V. Ramana, Mohan M. Shantanagoudar And Sanjiv…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Section 433-A – Army Act, 1950 – Section 69 – Ranbir Penal Code, 1989 – Section 302 – Civil offence of murder – Benefit of remission – Section 433­A of the Code of Criminal Procedure, 1973 would also be applicable to a case tried for offence under Section 69 of the Army Act, 1950 and a person who has been imposed with a life sentence cannot be released unless he has actually served 14 years’ of imprisonment, without taking into consideration the remissions earned by him in jail

Mar 20, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH EX-GUNNER VIRENDER PRASAD — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : S.A. Bobde, CJI., B.R. Gavai and Surya…

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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