Supreme Court of India Judgements

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Category: Cr P C

Cr P C

Summoning of additional accused – At the stage of summoning an accused, there has to be a prima facie satisfaction of the Court – Evidence which was there before the Court was of an eye witness who has clearly stated before the Court that a crime has been committed, inter alia, by the revisionist- Appeal allowed

Jul 31, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SANDEEP KUMAR — Appellant Vs. THE STATE OF HARYANA AND ANOTHER — Respondent ( Before : C.T. Ravikumar and Sudhanshu Dhulia, JJ. ) Criminal…

Cr P C

Under Section 102 (1) of Cr.P.C., the Police have the power to seize the passport but there is no power to impound the same – Even if the power of seizure of a passport is exercised under Section 102, the Police cannot withhold the said document and the same must be forwarded to the Passport Authority – It is for the Passport Authority to decide whether the passport needs to be impounded or not.

Jul 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CHENNUPATI KRANTHI KUMAR — Appellant Vs. THE STATE OF ANDHRA PRADESH AND OTHERS — Respondent ( Before : Abhay S. Oka and Rajesh Bindal,…

Cr P C

(CrPC) – Section 438 – Penal Code, 1860 (IPC) – Section 420 – Anticipatory Bail – Cheating – inclusion of a condition for payment of money by the applicant for bail tends to create an impression that bail could be secured by depositing money alleged to have been cheated. That is really not the purpose and intent of the provisions for grant of bail.

Jul 18, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAMESH KUMAR — Appellant Vs. THE STATE OF NCT OF DELHI — Respondent ( Before : S. Ravindra Bhat and Dipankar Datta, JJ. )…

Cr P C

(CrPC) – Section 319 – Summoning order – satisfaction preceding the order thereunder must be more than prima facie as formed at the stage of a charge being framed and short of satisfaction to an extent that the evidence, if unrebutted, would lead to conviction – Summoning order upheld – Appeal dismissed

Jul 9, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JITENDRA NATH MISHRA — Appellant Vs. STATE OF U.P. AND ANOTHER — Respondent ( Before : Dipankar Datta and Pankaj Mithal, JJ. ) Criminal…

Cr P C

Summoning as additional accused – – Once it is conceded that the appellant is a sibling of one of the named assailants, the material for forming the requisite satisfaction cannot be said to be non-existent — Special Court formed the requisite satisfaction prior to summoning the appellant to face trial with “D” —

Jun 27, 2023 sclaw

SUPREME COURT OF INDIA Before: Dipankar Datta & Pankaj Mithal, JJ. Criminal Appeal No. 978 of 2022 Decided on: 02.06.2023 Jitendra Nath Mishra – Appellant Versus State of U.P. &…

Corruption Cr P C

Double jeopardy – Hearing to accused – Prior to carrying out further investigation under Section 173(8) of the CrPC it is not necessary that the order accepting the final report should be reviewed, recalled or quashed – court is not obliged to hear the accused while considering an application for further investigation under Section 173(8) of the CrPC.

Jun 25, 2023 sclaw

SUPREME COURT OF INDIA Before: Surya Kant & J.B. Pardiwala, JJ. SLP (Crl.) Nos. 7628-7630 of 2017 Decided on: 28.04.2023 State Through Central Bureau of Investigation – Appellant Versus Hemendhra…

Cr P C

(CrPC) – Sections 372 and 378(4) – Appeal against order of acquittal – – where the victim and/or the complainant, as the case may be, has not preferred and/or availed the remedy of appeal against the order of acquittal as provided under Section 372 Cr.P.C. or Section 378(4), as the case may be, the revision application against the order of acquittal at the instance of the victim or the complainant, as the case may be, shall not be entertained and the victim or the complainant, as the case may be, shall be relegated to prefer the appeal as provided under Section 372 or Section 378(4), as the case may be.

May 27, 2023 sclaw

(2022) 119 ACrC 239 : (2022) 231 AIC 223 : (2022) AIR(SC) 670 : (2022) AIR(SC)Cri 460 : (2022) 1 ALT(Crl) 296 : (2022) 1 AndhLD(Criminal) 959 : (2022) 1…

Cr P C

Gambling – Benefit of probation – Incident pertains to the year 2007, when the appellant was about 31 years of age and has been sentenced to undergo imprisonment for a period of one month – As per the information furnished by the learned counsel for the State, the appellant has never indulged in any case of gambling – Probation granted

May 23, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SOORI @ T.V. SURESH — Appellant Vs. THE STATE OF KARNATAKA — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. )…

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C P C

A party should not suffer due to the negligence of their counsel, and a restoration application under Order IX Rule 13 of the CPC can serve as an application for condonation of delay if it explains the reasons for the delay, so that courts should focus on the merits of a case rather than being hindered by procedural technicalities A. Civil Procedure Code, 1908 (CPC) — Order 9 Rule 13 — An application under Order 9 Rule 13 can also serve as an application for condonation of delay — The court cites Bhagmal and Ors Vs. Kunwar Lal and Others, to support its finding that where the delay in filing an application under Order 9 Rule 13 of the CPC is explained within the application itself, there is no need for a separate application for condonation of delay — The court emphasizes that the procedure is a handmaid of justice, and hyper-technical interpretations of rules should not stand in the way of achieving a just outcome.

Dec 28, 2024 sclaw
Anticipatory Bail

Anticipatory bail should not be granted routinely, especially in serious offenses like murder, and that courts must consider the severity of the charges, the evidence, and the materials on record, including the charge sheet Penal Code, 1860 (IPC) — Section 302 — Murder — The Supreme Court overturned the Patna High Court’s decision to grant anticipatory bail to respondents in a murder case — The case originated from an incident where the appellant’s nephew was allegedly set on fire by the respondents — The court emphasized that anticipatory bail should not be granted mechanically, particularly in severe offenses like murder, and the High Court had erred in not considering the gravity of the charges and the evidence, including the charge sheet which stated that the case against the accused persons was found to be true — The Supreme Court directed the respondents to surrender to the trial court and apply for regular bail, to be considered on its merits — The Supreme Court’s decision underscores the importance of a thorough review of case details and allegations before granting anticipatory bail, especially in cases of serious crimes.

Dec 28, 2024 sclaw
Service

Service Law — Regularization of services for long-term, part-time employees — The court found that the appellants’ continuous service for over a decade, performing essential duties, should not be disregarded simply because their initial appointments were labeled as part-time or contractual — The court noted the indispensable nature of their work, the lack of any performance issues, and that their duties were similar to those of regular employees — The court emphasized that the nature of their work was perennial and fundamental, requiring their classification as regular posts — The court also found that the appellants’ abrupt termination was unjustified and violated principles of natural justice, and the argument against their regularization based on educational qualifications was untenable — The court noted discriminatory practices as other employees with similar or shorter service had been regularized — The court clarified that the Uma Devi judgment was not intended to penalize employees who have served long years in essential roles and that “irregular” appointments should be considered for regularization, especially when they are not “illegal” and the employees have served continuously against sanctioned functions.

Dec 28, 2024 sclaw
Child Custody Matrimonial

For best interest and welfare of the child are the paramount considerations when determining visitation rights A. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — The paramount consideration when determining visitation rights is the best interest and welfare of the child — This principle takes precedence over the rights of the parents — The court emphasizes that a child’s health and well-being must not be compromised in the process of adjudicating parental rights. B. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Both parents have a right to the care, company, and affection of their child — However, this right is not absolute and must be balanced with the need to protect the child’s welfare — In this case, the court acknowledges the father’s right to visit his daughter but ensures that these visits do not negatively impact the child. C. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Matrimonial disputes and serious allegations between parents should not impede a child’s right to the care and company of both parents — The court separates the child’s welfare from the conflict between the parents. D. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Visitation arrangements must not cause undue hardship to the child — The court modified the High Court’s order, which required the child to travel 300 kilometers every Sunday, as it was deemed detrimental to the child’s health and well-being. E. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — The location for visitation must be convenient and in the best interest of the child — The court changed the visitation location from Karur to Madurai, which is closer to the child’s residence, in order to prioritize the child’s comfort and convenience. F. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Supervised visitation may be necessary, especially for young children — The court directed that the father’s visits should occur in a public place, with the mother present (though at a distance), due to the child’s young age and unfamiliarity with the father.

Dec 28, 2024 sclaw