Supreme Court of India Judgements

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Category: Cr P C

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Section 386(a) – Reversal of order of acquittal – Section 386(a) places no restrictions on power of appellate Court to convert order of acquittal into conviction – However, there should be good and compelling reasons for appellate Court to convert order of acquittal into conviction.

Jun 2, 2017 sclaw

  (2011) 10 JT 77 : (2011) 9 SCALE 59 SUPREME COURT OF INDIA C. RONALD AND ANOTHER — Appellant Vs. STATE, U.T. OF ANDAMAN AND NICOBAR ISLANDS — Respondent…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Section 406 – Delhi Special Police Establishment Act, 1946 – Section 6 – Transfer of CBI case – Once a State Government issues notification transferring investigation to CBI, for all intents and purposes, CBI is entitled to exercise the same powers as State Police, in relation to investigation transferred to it

Jun 2, 2017 sclaw

  AIR 2011 SC 1549 : (2011) CriLJ 997 : (2010) 12 JT 641 : (2011) 1 RCR(Criminal) 120 : (2010) 12 SCALE 199 : (2011) 1 SCC 307 :…

Cr P C

Indian Penal Code, 1860, S.185–False Statement- In order to prosecute an accused for an offence punishable under Section 182 IPC, it is mandatory to follow the procedure prescribed under Section 195 of the Code else such action is rendered void ab initio-Criminal Procedure Code, 1973, S.195.

May 14, 2017 sclaw

2017(1) Law Herald (SC) 144 : 2017 LawHerald.Org 513 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Sikri The Hon’ble Mr. Justice Abhay Manohar Sapre Criminal…

Cr P C

It is necessary for the Appellate Court which is confronted with the absence of the convict as well as his Counsel, to immediately proceed against the persons who stood surety at the time when the convict was granted bail, as this may lead to his discovery and production in Court – So far as the present Appeal is concerned, since a request for remand had been made which Court stoutly reject, and since the convict was not represented through Counsel before the High Court, Court think it proper to permit the Appellant an opportunity to argue the Appeal on its merits.

May 13, 2017 sclaw

  (2013) 10 AD 565 : (2013) 4 RCR(Criminal) 880 : (2013) 12 SCALE 492 SUPREME COURT OF INDIA DIVISION BENCH SURYA BAKSH SINGH — Appellant Vs. STATE OF UTTAR…

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Education

Meritorious reserved category candidates must be considered against unreserved vacancies at the screening stage without availing any concession, prioritizing merit over category bias.

Jan 4, 2026 sclaw
State Laws

The Commission under the WBCE Act has jurisdiction to adjudicate deficiencies in patient care services and qualifications of personnel, distinct from medical negligence handled by State Medical Councils.

Jan 4, 2026 sclaw
Direct Taxation Income Tax Act

Income Tax Act, 1961 — Section 37(1) — Revenue Expenditure vs. Capital Expenditure — Non-compete fee — Whether payment of non-compete fee constitutes allowable revenue expenditure or capital expenditure — Non-compete fee is paid to restrain a competitor, which protects or enhances the business profitability and facilitates carrying on the business more efficiently — Such payment neither creates a new asset nor increases the profit-earning apparatus for the payer, meaning the enduring advantage, if any, is not in the capital field — The length of time of the advantage is not determinative if the advantage merely facilitates business operations, leaving fixed assets untouched — Payment of non-compete fee made by the appellant (formed as a joint venture) to L&T (previous partner) to restrain L&T from competing for 7 years was essentially to keep a potential competitor out and ensure the appellant operated more efficiently and profitably, without creating a new capital asset or monopoly — Held: Payment of non-compete fee is an allowable revenue expenditure under Section 37(1) of the Act. (Paras 16, 25-29)

Jan 4, 2026 sclaw
Evidence Act

Evidence Act, 1872 — Section 118 — Competency of child witness — Effect of delay and tutoring — Although a minor child is competent to testify, the reliability and evidentiary value of testimony given many years after the event, especially when the child has been residing with the complainant’s family (maternal grandparents), is significantly affected by the high possibility of memory distortion and tutoring. (Paras 5, 7, 10.2)

Jan 4, 2026 sclaw