Supreme Court of India Judgements

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Category: Cr P C

Cr P C

Theft of Electricity—Quashing—FIR can be quashed only after following procedure under S. 152 of the Act and not merely on compromise between the partiesTheft of Electricity—Quashing—FIR can be quashed only after following procedure under S. 152 of the Act and not merely on compromise between the parties

Apr 19, 2019 sclaw

2019(2) Law Herald (SC) 865 : 2019 LawHerald.Org 724 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Criminal Appeal Nos.469-470…

Cr P C

Penal Code, 1860 (IPC) – Sections 420, 468 and 471 – Criminal Procedure Code, 1973 (CrPC) – Sections 156, 160, 167(2), 173, 173(2), 173(2)(i), 173(8), 227, 228 and 319 – Magistrate has no jurisdiction to suo moto pass an order for further investigation/reinvestigation after he discharges the accused.

Apr 17, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BIKASH RANJAN ROUT — Appellant Vs. STATE THROUGH THE SECRETARY (HOME), GOVERNMENT OF NCT OF DELHI, NEW DELHI — Respondent ( Before : L.…

Cr P C

Criminal Law–Murder–Suspension of sentence pending appeal– The mere fact that during the period when the accused persons were on bail during trial there was no misuse of liberties, does not per se warrant suspension of execution of sentence and grant of bail–What really was necessary to be considered by the High Court is whether reasons existed to suspend the execution of sentence and thereafter grant bail

Apr 14, 2019 sclaw

2009(1) LAW HERALD (SC) 636 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Asok Kumar Ganguly Criminal Appeal No. of 2009…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Section 386 – Power of the Appellate Court – Section 386 then enumerates powers of the Appellate Court which inter alia includes the power to “reverse the finding and sentence and acquit or discharge the accused, or order him to be re-tried by a Court of competent jurisdiction subordinate to such Appellate Court or committed for trial”. The powers of Appellate Court are equally wide. The High Court in the present case was exercising powers both under Chapters XXVIII and XXIX of the Code. If the power can go to the extent of ordering a complete re-trial, the exercise of power to a lesser extent namely ordering de novo examination of twelve witnesses with further directions as the High Court has imposed in the present matter, was certainly within the powers of the High Court. There is, thus, no infraction or jurisdictional error on the part of the High Court.

Apr 14, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ATMA RAM AND OTHER — Appellant Vs. STATE OF RAJASTHAN — Respondent ( Before : Uday Umesh Lalit and Indu Malhotra, JJ. ) Criminal…

Cr P C

Criminal Procedure Code, 1973, S.439–Bail–Cancellation of–Cheating–FIR against builders for not fulfilling their obligations under agreement to sell entered by them with various prospective buyers–Trial Court cancelling bail order of Respondent No.2 who was a proclaimed offender-High Court set aside the order and restored interim bail granted by Trial Court without assigning any reasons and even without issuing notice to complainants—Impugned order of High Court set aside—Respondent No.2 directed to surrender before Session Judge.

Apr 7, 2019 sclaw

2019(1) Law Herald (SC) 790 : 2019 LawHerald.Org 620 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice Mohan M. Shantanagoudar Crl A. No.…

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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