Supreme Court of India Judgements

46400 Judgements hosted as on 14/04/2024 - Search (FREE), Subscribe, Read & Download

Category: Cr P C

Cr P C

Quashment—Agreement to Sell—Non performance of contract—Dispute is of civil nature—FIR against seller quashed. Cheating—Mere failure to subsequently keep a promise, one cannot presume that he all along had a culpable intention to break the promise from the beginning. Non-Bailable Warrants—When to be issued—Explained.

Jun 27, 2017 sclaw

  2007(4) LAW HERALD (SC) 3288 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jutsitce R.V. Raveendran, CJI The Hon’ble Mr. Justice Dalveer Bhandari Criminal Appeal No. 1392…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Section 321 – Withdrawal from prosecution – Dismissal of application by Trial Court and High Court – Prosecution of MLA for submitting false and fabricated medical bills – Ethics Committee having accepted apology recommended for withdrawal of criminal case pending against appellant but Courts below refused to oblige – Application for withdrawal filed by Public Prosecutor was not based on his own independent application of mind

Jun 26, 2017 sclaw

  (2009) 12 JT 198 : (2009) 15 SCC 604 : (2009) 13 SCR 494 SUPREME COURT OF INDIA SRI YERNENI RAJA RAMCHANDER @ RAJABABU — Appellant Vs. STATE OF…

Cr P C

First Information Report—Only information in regard to commission of an offence may not for all intent and purport satisfy the requirement of the First Information Report. First Information Report—A First Information Report cannot be lodged in a murder case after the inquest has been held. Motive—Proof of motive by itself may not be a ground to hold the accused guilty.

Jun 13, 2017 sclaw

  2007(4) LAW HERALD (SC) 3189 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce S.B. Sinha The Hon’ble Mr. Jusitce Harjit Singh Bedi Criminal Appeal Nos. 844-846…

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Arbitration Constitution

Arbitration and Conciliation Act 1996 – Sections 34 and 37 – Curative petition – The Court found that the arbitral tribunal’s decision was not perverse or irrational and that the CMRS certificate did not conclusively prove that defects were cured within the cure period – The Court emphasized the tribunal’s domain to interpret the contract and the limited scope of judicial interference in arbitral awards – The Supreme Court concluded that the curative petition was maintainable and that there was no miscarriage of justice in restoring the arbitral award.

Apr 14, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) – Section 302, read with 34 – Murder – The Supreme Court found that the High Court did not properly address whether the Trial Court’s acquittal was a plausible conclusion from the evidence – The Supreme Court emphasized that the burden of proof lies with the prosecution and that the accused do not have to prove their innocence unless there is a statutory reverse onus – The Supreme Court concluded that the evidence did not warrant overturning the acquittal, as the Trial Court’s view was possible and not perverse.

Apr 14, 2024 sclaw
I P C

Penal Code, 1860 (IPC) – Section 302 – Murder – Dispute over a blocked pathway – The Court found no evidence of provocation by the deceased that would justify the appellants’ brutal attack, nor any exercise of the right to private defence – The Court applied principles from previous judgments to determine the lack of private defence and the presence of intention to cause harm – The Supreme Court concluded that the appellants’ actions were not in self-defence and that their intention was to inflict harm, affirming the lower courts’ decisions.

Apr 14, 2024 sclaw
Consumer

Consumer Law – Insurance Act, 1938 – Section 45 – Policy not to be called in question on ground of mis-statement after two years – The Court found no suppression of material facts and criticized the NCDRC for not requiring proper evidence from the respondent – The judgment discusses the principles of ‘uberrimae fidei’ (utmost good faith) and the burden of proof in insurance contracts – The Court concluded that the insurance company failed to prove the alleged suppression of facts, thus the repudiation was unjustified.

Apr 14, 2024 sclaw