Supreme Court of India Judgements

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Category: Cr P C

Cr P C

Prevention of Money-laundering Act, 2002 – Section 65 – Transfer of case – An order under Section 167(2) of the Code had to be passed necessarily by the Magistrate “to whom an accused person is forwarded” – In fact, Section 167(2) contains the words “whether he has or has not jurisdiction to try the case” – Transfer petition dismissed.

Apr 14, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KA RAUF SHERIF — Appellant Vs. DIRECTORATE OF ENFORCEMENT AND OTHERS — Respondent ( Before : V. Ramasubramanian and Pankaj Mithal, JJ. ) Transfer…

Cr P C

(CrPC) – Section 482 – Quashing of criminal proceedings – Family dispute — looking to the relationship between the appellants and the original complainant of son, grandson and the mother/grandmother – Criminal proceedings against the appellants would not be in the larger interest of the parties – Criminal proceedings quashed – Appeal allowed.

Mar 26, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HEMANTBHAI BALVANTBHAI PATEL AND ANOTHER — Appellant Vs. THE STATE OF GUJARAT AND ANOTHER — Respondent ( Before : M.R. Shah and Krishna Murari,…

Cr P C

(CrPC) – Section 482 – – howsoever well intentioned, cannot be permitted to be operated in utter disregard of the well-recognized judicial principles governing uniform application of law – Unwarranted judicial activism may cause uncertainty or confusion not only in the mind of the authorities but also in the mind of the litigants.

Mar 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CARDINAL MAR GEORGE ALENCHERRY — Appellant Vs. STATE OF KERALA AND ANOTHER — Respondent ( Before : Dinesh Maheshwari and Bela M. Trivedi, JJ.…

Cr P C

CrPC, Sec 406, – Article 139A of the Constitution – Order 39 of the Supreme Court Rules, 2013 – HELD phrase party interested under Section 406(2) of the CrPC, the Petitioner, being the real brother of the Deceased, is vitally interested in a fair trial – challenge to the locus standi of the Petitioner is thus rejected. there is no legal necessity to transfer the trial outside the State of West Bengal and the apprehensions of the Petitioner, some of which are indeed genuine, can be effectively redressed by issuing appropriate directions.

Mar 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AFJAL ALI SHA @ ABJAL SHAUKAT SHA — Appellant Vs. STATE OF WEST BENGAL AND OTHERS — Respondent ( Before : Surya Kant and…

Cr P C

(CrPC) – Section 482 – Drugs and Cosmetics Act, 1940 – Section 18(c) and 27(b)(ii) – Drugs and Cosmetics Rules, 1945 – Rule 123 – Sanctioning authority had not examined at all whether a practising doctor could be prosecuted under the facts of the case, considering the small quantity of the drugs and the exception created in favour of medical practitioner under Rule 123, read with the Schedule “K” – Criminal proceedings is quashed

Mar 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH S. ATHILAKSHMI — Appellant Vs. THE STATE REP. BY THE DRUGS INSPECTOR — Respondent ( Before : Krishna Murari and Sudhanshu Dhulia, JJ. )…

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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