Supreme Court of India Judgements

47030 Judgements hosted as on 11/01/2026 - Search (FREE), Subscribe, Read & Download

Category: Cr P C

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.…

Cr P C

Criminal Procedure Code, 1973, S.482—Inherent Power—Stay of proceedings–Presence of parties–When the proceedings are stayed, there is no need for the parties to be in lower court till the stay is vacated or modified by the higher court, which granted the stay.

Dec 16, 2018 sclaw

2018(4) Law Herald (SC) 2828 : 2018 LawHerald.Org 1743 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Kurian Joseph Hon’ble Mr. Justice S. Abdul Nazeer Transfer Petition(s)(Criminal) No(s).…

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Arbitration

Arbitration and Conciliation Act, 1996 — Sections 5, 34, and 37 — Scope of Judicial Intervention — Minimum intervention of judicial authority in domestic arbitration matters is required under Section 5 — Challenge to an arbitral award under Section 34 is limited to specific grounds, including patent illegality or conflict with the public policy of India — Scope of interference by the Appellate Court under Section 37 is akin to and cannot travel beyond the restrictions laid down under Section 34 — Appellate Court cannot undertake an independent assessment of the merits of the award or re-interpret contractual clauses if the interpretation by the Arbitral Tribunal was a plausible view and upheld under Section 34 — Setting aside an arbitral award under Section 37, which was upheld under Section 34, based on providing a different interpretation of contractual clauses is unsustainable in law. (Paras 24, 25, 30, 31, 36, 37, 39, 50, 51)

Jan 11, 2026 sclaw
Limitation

Limitation Act, 1963 — Article 54 — Suit for specific performance — Commencement of limitation period — Where the defendant subsequently executed an affidavit ratifying the agreement to sell and conveying no-objection to the transfer, the period of limitation commences from the date of the admitted affidavit, as this is the stage at which the executant finally refused to execute the sale deed to the extent of her share — Trial court and High Court erred in dismissing the suit on the ground of limitation calculated from an earlier disputed date. (Paras 13, 35, 36, 37)

Jan 11, 2026 sclaw
Arbitration

Arbitration and Conciliation Act, 1996 — Section 9(2) read with Rule 9(4) of 2001 Rules — Setting aside High Court judgment — High Court erroneously treated the date of filing of the Section 11 petition (28.06.2024) as the commencement date, leading to the conclusion that proceedings commenced beyond the statutory period — Where the arbitration notice was served (on 11.04.2024) well within the 90-day period from the ad-interim injunction order (17.02.2024), proceedings commenced in time as per Section 21 — High Court’s finding unsustainable, resulting in the restoration of the Trial Court’s initial ad-interim injunction order. (Paras 28, 31, 32) E. Arbitration and Conciliation Act, 1996 — Section 9 — Interim injunction — Dispute regarding existence

Jan 11, 2026 sclaw
Corporate

Motor Vehicles Act, 1988 — Section 2(28) — Definition of “motor vehicle” — Components — Definition has two parts: an inclusive part (mechanically propelled vehicle adapted for use upon roads) and an exclusive part — The second part expressly excludes “a vehicle of a special type adapted for use only in a factory or in any other enclosed premises” — Although Dumpers, Loaders, etc., may fall under the first part of the definition, they are excluded if their nature of use is confined to factory or enclosed premises, being special type vehicles/Construction Equipment Vehicles. (Paras 36, 37, 38, 39)

Jan 11, 2026 sclaw