Supreme Court of India Judgements

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Category: Cr P C

Cr P C

Held; while considering an application for bail, detailed discussion of evidence and elaborate documentation of merit is to be avoided–No party should have impression that his case has been pre-judged–Existence of prima facie case is only to be considered–No merit–Appeal dismissed

Jan 1, 2019 sclaw

2009(1) LAW HERALD (SC) 117 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dr. Mukundakam Sharma Criminal Appeal No. 406…

Cr P C

Criminal Procedure Code, 1973, S.300—Double Jeopardy—The whole basis of Section 300 (1) Cr.P.C. is that the person who was tried by a competent court, once acquitted or convicted, cannot be tried for the same offence—Where accused has not been tried nor was there a full fledged trial, then principles of’double jeopardy’ would not apply to the accused though earlier discharged.

Dec 30, 2018 sclaw

2018(4) Law Herald (SC) 3263 : 2018 LawHerald.org 1786 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Criminal Appeal No. 1322…

Cr P C

Criminal Procedure Code, 1973, S.125–Maintenance–Proof of Marriage–Under S.125 Cr.P.C, strict proof of marriage is not necessary—Unlike matrimonial proceedings where strict proof of marriage is essential, in the proceedings under Section 125 Cr.P.C, such strict standard of proof is not necessary as it is summary in nature meant to prevent vagrancy.

Dec 22, 2018 sclaw

2018(4) Law Herald (SC) 2954 : 2018 LawHerald.org 1768 IN THE SUPREME COURT OF INDIA Before                                                          Hon’ble Mr. Justice R. Banumathi Honble Mrs. Justice Indira Banerjee Criminal Appeal Nos. 2368-2369…

Cr P C

Indian Penal Code, 1860, S.302 and S.304-A—Murder—Alteration of Charge—Death by Negligence—Blast occurred in a factory—7 workers died due to stampede caused by smoke in whole area—Respondent are directors of company involved in day to day functioning—High Court held to have rightly alerted the charges from S.302 IPC to S.304-A IPC

Dec 21, 2018 sclaw

2018(4) Law Herald (SC) 2952 : 2018 LawHerald.org 1767 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Sanjay Kishan Haul Criminal Appeal…

Cr P C

Criminal Procedure Code, 1973, S.451–Superdari–Release of Vehicle-­ Respondent was engaged as a contractor by the National Highway Authority—In the process of the work, as per the direction given by his superior officers, the building was demolished for the purpose of National Highway development-Held; Bank guarantee for the alleged loss need not be insisted for releasing a vehicle involved in the process.   

Dec 21, 2018 sclaw

2018(4) Law Herald (SC) 2950 : 2018 LawHerald.org 1766   IN THE SUPREME COURT OF INDIA                                           Before Hon’ble Mr. Justice Kurian Joseph Hon’ble Mr. Justice Sanjay Kishan Kaul…

Cr P C

Criminal Procedure Code, 1973, S.125–Maintenance–Non-earning Husband-Determination of monthly maintenance amount payable to the wife on the basis of notional minimum income of the husband as per the current minimum wages is untenable-Living standard of the husband, his family and his past conduct must be taken into consideration.

Dec 21, 2018 sclaw

2018(4) Law Herald (SC) 2933 : 2018 LawHerald.org 1762 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice DipakMisra Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice Dr.…

Cr P C

Indian Penal Code, 1860, S.302~Murder~Charges—Omission to frame charge—Accused failed to prove prejudice caused to him due to non- framing of charge—Non objection has been raised earlier on this ground-­ Accused throughout has been defending himself against charge u/s 302 r/ w S.34 IPC-In such facts and circumstances, it cannot be said that the failure of justice has occasioned to him and the absence of a charge under Section 302 read with Section 34IPC cannot be said to have caused any prejudice to him—Conviction upheld.     

Dec 18, 2018 sclaw

2018(4) Law Herald (SC) 2869 : 2018 LawHerald.Org 1753 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Criminal Appeal No. 1568…

Cr P C

Criminal Procedure Code, 1973, S.231(2)–Deferment of cross-examination of witness—Balance must be struck between the rights of the accused, and the prerogative of the prosecution to lead evidence—The following factors must be kept in consideration: (i) possibility of undue influence on witness(es); (ii) possibility of threats to witness(es); (iii) possibility that non-deferral would enable subsequent witnesses giving evidence on similar facts to tailor their testimony to circumvent the defence strategy; (iv) possibility of loss of memory of the witness(es) whose examination-in-chief has been completed; (v) occurrence of delay in the trial, and the non-availability of witnesses, if deferral is allowed, in view of Section 309(1) of the Cr.P.C.

Dec 17, 2018 sclaw

2018(4) Law Herald (SC) 2852 : 2018 LawHerald.Org 1751 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mrs. Justice Indu Malhotra Criminal Appeal No.…

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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