Supreme Court of India Judgements

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Category: Cr P C

Cr P C

Penal Code, 1860 (IPC) – Sections 120-B 418, 420, 448 and 380 – Criminal Procedure Code, 1973 (CrPC) – Sections 156(3) and 482 – Forgery and fabricationWhere the uncontroverted allegations in the FIR and the evidence collected in support of the same do not disclose any offence and make out a case against the accused, the court would be justified in quashing the proceedings.

Oct 21, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M. SRIKANTH — Appellant Vs. STATE OF TELANGANA AND ANOTHER — Respondent ( Before : Navin Sinha and B.R. Gavai, JJ. ) Criminal Appeal…

Cr P C

Terrorist and Disruptive Activities (Prevention) Act, 1987 – Sections 3, 5 and 20-A, 20­A(1) – Arms Act, 1959 – Section 25(1B)(a) and 27 – Criminal Procedure Code, 1973 (CrPC) – Sections 154 and 154(1) – Recovery of arms – The bar under Section 20­A(1) of TADA Act applies to information recorded under Section 154 of CrPC. This bar will not apply to a rukka or a communication sent by the police official to the District Superintendent of Police seeking his sanction. Otherwise, there could be no communication seeking sanction, which could not have been the purpose of TADA Act.

Oct 19, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH EBHA ARJUN JADEJA AND OTHERS Vs. THE STATE OF GUJARAT — Respondent ( Before : Deepak Gupta and Aniruddha Bose, JJ. ) Criminal Appeal…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Sections 161, 164, 319 – Penal Code, 1860 (IPC) – Section 376(2) – Protection of Children from Sexual Offences Act, 2012 – Sections 5 and 6 – Sexual harassment – Order of summoning – The statement of the child so as to involve a person wearing spectacles as an accused does not inspire confidence disclosing more than prima facie to make him to stand trial of the offences. Therefore, This Court hold that the order of summoning the appellant under Section 319 of the Code is not legal

Oct 19, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MANI PUSHPAKJOSHI — Appellant Vs. STATE OF UTTARAKHAND AND ANOTHER — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ. ) Criminal…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Section 482 – Foreign Contribution (Regulation) Act, 2010 – Section 35 read with Section 3 – Foreign Contribution (Regulation) Act, 1976 – Section 23, 23(1) read with Section 4 and 4(1) – Cognizance of offence – The very fact that the High Court, in this case, went into the most minute details, on the allegtions made by the appellant-C.B.I., and the defence put-forth by the respondent, led us to a conclusion that the High Court has exceeded its power, while exercising its inherent jurisdiction under Section 482 Cr.P.C.

Oct 19, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CENTRAL BUREAU OF INVESTIGATION — Appellant Vs. ARVIND KHANNA — Respondent ( Before : R. Banumathi and R. Subhash Reddy, JJ. ) Criminal Appeal…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Section 102 – Power of police officer to seize certain property – ‘any property’ used in sub-section (1) of Section 102 of the Code of Criminal Procedure, 1973 does not include immovable property. The power of seizure in Section 102 has to be limited to movable property – The phrase ‘any property’ in Section 102 will only cover moveable property and not immovable property.

Sep 29, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH NEVADA PROPERTIES PRIVATE LIMITED THROUGH ITS DIRECTORS — Appellant Vs. STATE OF MAHARASHTRA AND ANOTHER — Respondent ( Before : Ranjan Gogoi, CJI., Deepak…

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Bail Granted

Bharatiya Nyaya Sanhita, 2023 — Section 108, 80, 103, 85 — Dowry Prohibition Act, 1961 — Sections 3, 4 — Offences — Abetment to suicide, Dowry death, Murder — Allegations of extra-marital relationship, demand of money/dowry — Deceased died of poisoning/injection — Autopsy findings — Prosecution case not strong at bail stage.

Feb 1, 2026 sclaw
Labour Cases

Industrial Disputes Act, 1947 — Section 33(1) — Requirement for employer to seek permission before altering service conditions or stopping work of workmen during pendency of dispute — Failure to do so constitutes a breach of the Act.

Feb 1, 2026 sclaw
Labour Cases

Industrial Disputes Act, 1947 — Sections 10(1), 12 — Reference of industrial dispute — Apprehended dispute — Appropriate Government’s power to refer — The appropriate Government has the power to refer an industrial dispute for adjudication if it is of the opinion that such dispute exists or is apprehended. The initiation of conciliation proceedings under Section 12 does not statutorily require a prior demand notice to the employer as a pre-condition to approaching the Conciliation Officer. The management’s argument that a prior demand notice is essential, based on certain previous judgments, fails as it ignores the provision for referring an apprehended dispute, which can be invoked to prevent industrial unrest

Feb 1, 2026 sclaw
Bhartiya Nagrik Suraksha Sanhita

Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 175(4) — Complaints against public servants alleged to have committed offenses in discharge of official duties — Interpretation — This provision is not a standalone provision, nor is it a proviso to Section 175(3) — It must be read in harmony with Section 175(3), with Section 175(4) forming an extension of Section 175(3) — The power to order investigation under Section 175(3) is conferred upon a judicial magistrate, while Section 175(4) also confers such power but prescribes a special procedure for complaints against public servants — The expression “complaint” in Section 175(4) does not encompass oral complaints and must be understood in the context of a written complaint supported by an affidavit, as required by Section 175(3) — This interpretation ensures that the procedural safeguard of an affidavit, mandated by Priyanka Srivastava v. State of U.P., is not undermined even when dealing with public servants — The intention is to provide a two-tier protection: first, at the threshold stage under Section 175(4) with additional safeguards, and second, at the post-investigation stage under Section 218(1) regarding previous sanction. (Paras 26, 31, 37.1, 37.2, 37.4, 37.5, 37.6, 37.8, 38, 39, 40, 42, 43, 44)

Feb 1, 2026 sclaw