Supreme Court of India Judgements

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Category: Cr P C

Cr P C

(CrPC) – Section 311 – The significant expression that occurs is “at any stage of any inquiry or trial or other proceeding under this Code”. It is, however, to be borne in mind that the discretionary power conferred under Section 311 CrPC has to be exercised judiciously, as it is always said “wider the power, greater is the necessity of caution while exercise of judicious discretion.”

Mar 7, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH V.N. PATIL — Appellant Vs. K. NIRANJAN KUMAR AND OTHERS — Respondent ( Before : Indu Malhotra and Ajay Rastogi, JJ. ) Criminal Appeal…

Cr P C

(CrPC) – Ss 320, 320(2) &320(5) – (IPC) – S 324 – Custodial Death – A case where the accused who were police officers, one of them being in-charge of Station and other Senior Inspector have themselves brutally beaten the deceased, who died the same night – Their offences cannot be compounded by the Court in exercise of Section 320(2) read with sub-section (5).

Feb 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PRAVAT CHANDRA MOHANTY — Appellant Vs. THE STATE OF ODISHA AND ANOTHER — Respondent ( Before : Ashok Bhushan and Ajay Rastogi, JJ. )…

Cr P C

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) – 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 :…

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Constitution

Constitution of India, 1950 — Article 226 — Writ jurisdiction — Maintainability — Inclusion of advocate’s name in IBA “Caution List” — High Court dismissing writ petition on ground that Indian Banks’ Association (IBA) is not “State” under Art. 12 — Held, focus of maintainability has shifted from formal character of respondent body to nature of function performed and effect of impugned action on legally protected rights — Caution List operates as sector-wide adverse accreditation mechanism with public law element, having direct bearing on advocate’s right to practise profession under Art. 19(1)(g) — Writ petition against IBA held maintainable notwithstanding IBA not being “State” — Kishor S. Bhat v. Indian Banks’ Association, 2018 SCC OnLine Bom 2857, distinguished — Andi Mukta Sadguru Shree Muktajee Vandas Swami Suvarna Jayanti Mahotsav Smarak Trust v. V.R. Rudani, (1989) 2 SCC 691; Zee Telefilms Ltd. v. Union of India, (2005) 4 SCC 649; S. Shobha v. Muthoot Finance Ltd., 2025 SCC OnLine SC 177, relied on.

Jul 9, 2026 sclaw
C P C

Civil Procedure Code, 1908 (CPC) — Section 100 — Second appeal — Scope of interference with concurrent findings on genuineness of a Will — Whether suspicious circumstances surrounding execution of a Will exist, and stand explained, is essentially a question of fact; a second appellate court cannot re-appreciate evidence and substitute its own view merely because another view is possible — Interference is permissible only where the finding is perverse, based on circumstances that are mere “figments of a doubting mind,” or is vitiated by an erroneous placement of onus — High Court exceeded its jurisdiction under S. 100 CPC in reversing well-reasoned concurrent findings of the Trial Court and First Appellate Court discarding the Will.

Jul 7, 2026 sclaw
Cr P C

Criminal Procedure Code, 1973 — Sections 209, 244 — Commitment of case exclusively triable by Court of Session — Whether Magistrate is required to record prosecution evidence under Section 244 CrPC before committing such a case, where the complaint is one instituted otherwise than on a police report — Held, no — Section 244 CrPC, which mandates the Magistrate to hear the prosecution and take evidence, occurs in Chapter XIX (Part B — “Cases instituted otherwise than on a police report”) and governs warrant-case trials before a Magistrate; it has no application where the offence (here, under Section 302 IPC) is exclusively triable by the Court of Session, which is governed instead by Section 209 CrPC — Under the scheme of the 1973 Code (unlike the erstwhile 1898 Code, which mandated a full committal inquiry with recording of evidence under Section 207-A), the Magistrate’s role at the pre-commitment stage is confined to ascertaining whether the offence is exclusively triable by the Sessions Court, and no evidence need be taken or evaluated by the Magistrate at that stage — Requiring witnesses to depose twice, once before the Magistrate and again before the Sessions Court, would serve no purpose and is not the mandate of law — High Court’s contrary view, requiring compliance with Section 244 CrPC even in a Sessions-triable case, proceeds on an erroneous reading of law and is unsustainable.

Jul 5, 2026 sclaw
Accident

Motor Vehicles Act, 1988 — Sections166, 168 — Compensation — Assessment of annual income of a self-employed deceased (wholesale grocery business) — Two ITRs filed after the death of the deceased excluded by the High Court altogether from the assessment of income — Held, following the principles in Rashmirekha Tripathy and Anr. v. The Branch Manager (Legal Claims), Sriram General Insurance Company Limited and Ors. [C.A. @ SLP(C) No.27220 of 2024, 2026 INSC 661], ITRs filed post-death call for closer scrutiny with reference to surrounding financial statements, since income may be inflated in such returns, but such returns are not to be excluded outright merely for being filed post-death — In the absence of the benefit of such surrounding financial statements on record, and it being inexpedient at this stage to remand the matter, annual income fixed with reference to the nature of the deceased’s wholesale grocery business at Rs.3,25,000 — Compensation recomputed applying 40% addition for future prospects (age 28 years), 1/4th deduction for personal expenses, and a multiplier of 17, together with conventional heads (loss of estate, funeral expenses, consortium) — Total compensation enhanced to Rs.60,79,550 (as against Rs.15,36,560 awarded by the Tribunal and Rs.38,40,850 awarded by the High Court), with interest as awarded by the Tribunal — Appeal allowed.

Jul 5, 2026 sclaw