Supreme Court of India Judgements

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Category: Cr P C

Cr P C

(CrPC) – Section 173(8) – Endeavor of the Court should be to have the fair investigation and fair trial only – mere filing of the chargesheet and framing of the charges cannot be an impediment in ordering further investigation / re-investigation / de novo investigation, if the facts so warrant

Mar 2, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ANANT THANUR KARMUSE — Appellant Vs. THE STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. )…

Cr P C

Penal Code, 1860 (IPC) – Ss 323, 384, 406, 423, 467, 468, 420 and 120B – Civil remedy – In respect of the issue involved, which is of civil nature, the respondent had already a civil suit and it is pending, there can be no doubt with respect to the fact that the attempt on the part of the respondent is to use the criminal proceedings as weapon of harassment against the appellants. FIR Quashed

Jan 31, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH USHA CHAKRABORTY AND ANOTHER — Appellant Vs. STATE OF WEST BENGAL AND ANOTHER — Respondent ( Before : Ajay Rastogi and C.T. Ravikumar, JJ.…

Cr P C Evidence Act

Chargesheet is not a “public document” – Therefore on conjoint reading of Section 173 Cr.P.C. and Section 207 Cr.P.C. the Investigating Agency is required to furnish the copies of the report along with the relevant documents to be relied upon by the prosecution to the accused and to none others. FIR on the website cannot be equated with putting the chargesheets

Jan 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SAURAV DAS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Writ Petition…

Bail Declined Cr P C

Default bail – In a case where an accused is released on default bail under Section 167(2) Cr.P.C., and thereafter on filing of the chargesheet, a strong case is made out and on special reasons being made out from the chargesheet that the accused has committed a non-bailable crime bail can be cancelled on merits

Jan 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE THROUGH CENTRAL BUREAU OF INVESTIGATION — Appellant Vs. T. GANGI REDDY @ YERRA GANGI REDDY — Respondent ( Before : M.R. Shah…

Cr P C

(CrPC) – Section 482 – Summoning order – Quashing of – When the allegations in the complaint are so absurd or inherently improbable, on the basis of which no prudent person can ever reach a just conclusion that there is sufficient wrong for proceeding against the accused, summons should not be issued – Summoning order quashed.

Jan 8, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DEEPAK GABA AND OTHERS — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Sanjiv Khanna and J.K. Maheshwari, JJ.…

Cr P C

Quashing of criminal complaint – gap of more than four years between the initial investigation and the filing of the complaint, and even after lapse of substantial amount of time, no evidence has been provided to sustain the claims in the complaint – law, must always ensure that frivolous cases do not pervert the sacrosanct nature of the law – Criminal complaint quashed

Dec 27, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HASMUKHLAL D. VORA AND ANOTHER — Appellant Vs. THE STATE OF TAMIL NADU — Respondent ( Before : Krishna Murari and S. Ravindra Bhat,…

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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