Cr P C Archives - Page 52 of 53 - Supreme Court of India Judgements

September 13, 2025 2:40 pm

Appeal against Acquittal—Appellate Court could interfere with a judgment of acquittal

Apr 9, 2017 sclaw

2007(2) LAW HERALD (SC) 1196 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Criminal Appeal No. 731 of…

Cr P C

State filed an appeal for enhancement of the sentence. The accused attempted to argue before the High Court that he was entitled to be acquitted. Such argument was not permitted to be advanced

Apr 9, 2017 sclaw

(2006) 6 SCC 429 SUPREME COURT OF INDIA ARUN BALKRISHNA NIRMAL AND OTHERS — Appellant Vs. STATE OF MAHARASHTRA — Respondent ( Before : Tarun Chatterjee, J; B.N. Srikrishna,…

Cr P C

Judgment—Order of acquittal in order sheet without passing judgment and pronouncing it as provided under code—Such order will not tantamount to judgment.

Apr 9, 2017 sclaw

2017(1) Law Herald (SC) 77 ; 2017 LawHerald.Org 504 IN THE SUPREME COURT OF JNDIA Before The Hon’ble Mr. Justice Dipak Misra The Hon’ble Mr. Justice Amitava Roy Criminal Appeal…

Cr P C

Sanction for prosecution–Challenge to–Directions do decide question of maintainability and validity of sanction simultaneously.

Apr 8, 2017 sclaw

2007(2) LAW HERALD (SC) 1067 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. A.R. Lakshmanan The Hon’ble Mr. Justice Altamas Kabir Criminal Appeal No. 353…

Constitution Cr P C

Transfer of case—Notification by State Government without consultation with High Court—Set-aside by High Court—It is for State Government to take appropriate steps—Review petition dismissed.

Apr 8, 2017 sclaw

2007(2) LAW HERALD (SC) 961 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice K.G. Balakrishnan, CJI The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice…

Cr P C I P C

Rape–Accuseds were sexually obsessed youngsters–Death penalty awarded. Murder–Circumstantial Evidence–Onus is on the prosecution to prove that chain is complete–Circumstances to be proved; enumerated Death Penalty–Rarest of rare cases–Test to determine.

Apr 8, 2017 sclaw

2007(1) LAW HERALD (SC) 900 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arjit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Criminal Appeal No. 202…

Cr P C

Anticipatory Bail–Apprehension of arrest–Case was under investigation–Interim order restraining arrest–Order will amount to interference in the investigation–Cannot be done at any rate

Apr 8, 2017 sclaw

2007(1) LAW HERALD (SC) 885 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Jusitce R.V. Raveendran Criminal Appeal No. 249…

Cr P C

Transfer Petition–There should not be any scope given to any person to go away with the feeling that the Judge was biased, however unfounded the impression may be.

Apr 8, 2017 sclaw

2007(1) LAW HERALD (SC) 876 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice R.V. Raveendran Criminal Appeal No. 241…

Cr P C

Bail—Serious offence—Factors to be considered; enumerated. Bail—Non examination of key witness depiste various adjournments—Bail granted by High Court on that ground–Bail rejected as number of adjournments has no relevance.

Apr 7, 2017 sclaw

2007(1) LAW HERALD (SC) 808 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arjit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Criminal Appeal No. 204…

Cr P C

Investigation—Police Diaries–Gists of the interrogation recorded by an investigating officer in his diary cannot be regarded as statements under Section 161(3) Cr. P.C. and assuced is not entitled to any copy of such ‘gists’. Investigation—Statements under Section 161 need to be separated from observations which are recorded under Section 172 in order to make available the statement under Section 161(3) to the accused.

Apr 7, 2017 sclaw

2007(1) LAW HERALD (SC) 765 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Criminal Appeal No. 201 of…

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Consumer

Consumer Protection Act, 1986 — Section 25 — Enforcement of orders — Pre-2002 amendment and post-2019 Act, all orders could be enforced as decrees. The period between 15.03.2003 to 20.07.2020 saw an anomaly where only interim orders (and monetary recovery) were clearly enforceable under Section 25, leaving final non-monetary orders in a gap. Interpretation of Statutes — Casus omissus — Court can fill gaps in legislation using interpretative tools like purposive construction when literal interpretation leads to absurdity or defeats the object of the Act, especially for remedial legislation like the Consumer Act.

Sep 2, 2025 sclaw

Service

Constitution of India, 1950 — Article 14, 39(d) and 43 — Equal pay for equal work — Contractual Assistant Professors performing identical duties as regularly appointed or ad-hoc Assistant Professors are entitled to the minimum pay scale of Assistant Professors.

Sep 2, 2025 sclaw

State Laws

Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 — Chapter I-A — Slum Rehabilitation Schemes — Preferential right of landowner to redevelop — Section 3B(4)(e) and Section 13(1) confer a preferential right on the landowner to redevelop a Slum Rehabilitation Area (SR Area) — SRA can undertake redevelopment only if the landowner fails to come forward with a scheme within a reasonable time

Sep 2, 2025 sclaw

State Laws

Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 — Sections 3C, 13, 14 — Waiver of preferential right — Waiver of landowner’s preferential right to redevelop requires clear and overt communication by the owner of intention not to exercise the right — Mere inaction or delay, particularly when the owner has consistently shown intent to redevelop, does not constitute waiver, especially if no invitation for redevelopment was issued.

Sep 2, 2025 sclaw

Category: Cr P C

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