Supreme Court of India Judgements

46670 Judgements hosted as on 9/12/2024 - Search (FREE), Subscribe, Read & Download

Category: I P C

I P C

Penal Code, 1860 (IPC) — Sections 384, 389, 406 and 420 r/w Section 34 and 120B — Quashing of the summoning order and criminal proceedings — The appellant challenged the High Court of Jharkhand’s decision to quash the summoning order and criminal proceedings related to a fraud case — Whether the High Court was correct in quashing the summoning order and criminal proceedings — The appellant argued that the documents submitted by the respondents were forged and that the High Court overstepped its jurisdiction by quashing the summoning order —The respondents contended that the documents were not forged and that the appellant had ulterior motives — The Supreme Court quashed the High Court’s decision and remanded the matter back to the Judicial Magistrate for trial — The High Court exceeded its jurisdiction by delving into factual disputes that should be resolved during the trial — The Supreme Court emphasized that the High Court should not conduct a mini-trial at the stage of quashing proceedings —The appeals were allowed, and the matter was sent back for trial.

Aug 13, 2024 sclaw

2024 INSC 583 SUPREME COURT OF INDIA DIVISION BENCH DHARAMBEER KUMAR SINGH — Appellant Vs. THE STATE OF JHARKHAND AND ANOTHER — Respondent ( Before : Vikram Nath and Prasanna…

I P C Matrimonial

Penal Code, 1860 (IPC) — Sections 498A, 323 and 504 — Dowry Prohibition Act, 1961 — Sections 3 and 4 — Irretrievable breakdown of marriage as a ground for divorce — The court recognized that irretrievable breakdown of marriage, where the parties have been living separately for a significant period and all efforts at reconciliation have failed, can be a valid ground for divorce — This expands the grounds for divorce beyond the traditional grounds mentioned in the Hindu Marriage Act, 1955.— One-time settlement as a mode of permanent alimony — The court allowed the parties to opt for a one-time settlement as a mode of permanent alimony, instead of periodic payments — This provides flexibility to the parties in resolving their financial obligations towards each other.

Jul 20, 2024 sclaw

2024 INSC 530 SUPREME COURT OF INDIA DIVISION BENCH KIRAN JYOT MAINI — Appellant Vs. ANISH PRAMOD PATEL — Respondent ( Before : Vikram Nath and Prashant Kumar Mishram, JJ.…

I P C Unlawful Activities (Prevention) Act

Unlawful Activities (Prevention) Act, 1967— Section 16 — Sanction for prosecution — The court held that a sanction for prosecution under Section 16 of the Act, 1967, must be based on an independent review of the evidence collected during the course of investigation by the appropriate authority — If the sanction is not based on such a review, it is invalid – while the gravity of the offence and the possibility of tampering with evidence are important considerations, they must be balanced against the accused’s right to liberty — The court must ensure that the accused is not kept in custody for an unreasonable period of time- that a foreign national cannot be denied bail solely on the ground that they are a foreign national — The court must consider other factors, such as the length of time already spent in custody, the likelihood of the trial being completed in the near future, and the accused’s ties to the community – bail conditions cannot be arbitrary or onerous, and they must be consistent with the object of granting bail — The court cannot impose conditions that infringe upon the accused’s right to privacy or that are impossible for the accused to comply with.

Jul 20, 2024 sclaw

2024 INSC 534 SUPREME COURT OF INDIA DIVISION BENCH SHEIKH JAVED IQBAL @ ASHFAQ ANSARI @ JAVED ANSARI — Appellant Vs. STATE OF UTTAR PRADESH — Respondent ( Before :…

I P C

Penal Code, 1860 (IPC) — Section 494 — Bigamy — The appellant accused his wife (first accused) of committing bigamy by marrying the second accused while their marriage was still valid — The trial court convicted the first and second accused, but the High Court later acquitted them — Whether the High Court was right in not restoring the sentence imposed by the trial court and whether the sentence was too lenient — The Supreme Court modified the sentence to six months of simple imprisonment and reduced the fine to Rs. 2,000 each — The Court emphasized the importance of proportionality in sentencing and the need to impose adequate punishment for serious offenses like bigamy.

Jul 16, 2024 sclaw

2024 INSC 523 SUPREME COURT OF INDIA DIVISION BENCH BABA NATARAJAN PRASAD — Appellant Vs. M. REVATHI — Respondent ( Before : C.T. Ravikumar and Sanjay Kumar, JJ. ) Criminal…

I P C

Penal Code, 1860 (IPC) – Sections 120(b), 153(A) and 153(AA) – Unlawful Activities (Prevention) Act, 1967 – Sections 13, 17, 18, 18(B), 38 and 39 – The case involves the Popular Front of India (PFI), an extremist Islamic organization accused of spreading extremist ideology, committing terrorist acts, raising funds for terrorism, and recruiting members in Tamil Nadu – The central issue is whether the respondents, accused of serious offenses under the IPC and UAPA, should be granted bail – The Union of India, represented by NIA, argues that the High Court failed to appreciate the gravity of the offenses and the prima facie evidence against the respondents – The defence contends that the allegations are vague and the evidence, particularly the statements of protected witnesses, is unreliable – The Supreme Court set aside the High Court’s order granting bail, emphasizing the seriousness of the offenses and the sufficiency of prima facie evidence – The Court found that the High Court did not properly consider the material evidence and recorded perverse findings regarding the involvement of the respondents in the alleged offences – The Court relied on the provisions of the UAPA and past judgments to establish the standards for granting bail in cases involving terrorism – The Supreme Court concluded that the respondents should not be released on bail, given the reasonable grounds to believe the accusations against them are prima facie true and the potential threat to national security.

Jul 4, 2024 sclaw

(2024) INSC 452 SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA — Appellant Vs. BARAKATHULLAH ETC. — Respondent ( Before : Bela M. Trivedi and Pankaj Mithal, JJ. )…

I P C

Penal Code, 1860 (IPC) — Sections 302 and 307 — The appellant, a police guard, was convicted for the murder of his cousin and neighbour, who allegedly had an affair with the appellant’s wife — The murder occurred inside a police station in Delhi —The appellant challenged his conviction and sentence, claiming self-defence or, alternatively, grave and sudden provocation — The appellant argued for self-defence, stating the deceased attempted to snatch his weapon to kill him — The prosecution presented eyewitness accounts and forensic evidence to establish a premeditated murder — The Supreme Court dismissed the appeal, upholding the conviction and life sentence for murder, finding no evidence of self-defence or grave and sudden provocation.

Jul 4, 2024 sclaw

2024 INSC 462 SUPREME COURT OF INDIA DIVISION BENCH SURENDER SINGH — Appellant Vs. STATE (NCT OF DELHI) — Respondent ( Before : Sudhanshu Dhulia and Rajesh Bindal, JJ. )…

I P C Unlawful Activities (Prevention) Act

Penal Code, 1860 (IPC) – Sections 120(b), 153(A) and 153(AA) – Unlawful Activities (Prevention) Act, 1967 – Sections 13, 17, 18, 18(B), 38 and 39 – The case involves the Popular Front of India (PFI), an extremist Islamic organization accused of spreading extremist ideology, committing terrorist acts, raising funds for terrorism, and recruiting members in Tamil Nadu – The central issue is whether the respondents, accused of serious offenses under the IPC and UAPA, should be granted bail – The Union of India, represented by NIA, argues that the High Court failed to appreciate the gravity of the offenses and the prima facie evidence against the respondents – The defence contends that the allegations are vague and the evidence, particularly the statements of protected witnesses, is unreliable – The Supreme Court set aside the High Court’s order granting bail, emphasizing the seriousness of the offenses and the sufficiency of prima facie evidence – The Court found that the High Court did not properly consider the material evidence and recorded perverse findings regarding the involvement of the respondents in the alleged offences – The Court relied on the provisions of the UAPA and past judgments to establish the standards for granting bail in cases involving terrorism – The Supreme Court concluded that the respondents should not be released on bail, given the reasonable grounds to believe the accusations against them are prima facie true and the potential threat to national security.

Jun 2, 2024 sclaw

(2024) INSC 452 SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA — Appellant Vs. BARAKATHULLAH ETC. — Respondent ( Before : Bela M. Trivedi and Pankaj Mithal, JJ. )…

I P C Unlawful Activities (Prevention) Act

Penal Code, 1860 (IPC) – Sections 120(b), 153(A) and 153(AA) – Unlawful Activities (Prevention) Act, 1967 – Sections 13, 17, 18, 18(B), 38 and 39 – The case involves the Popular Front of India (PFI), an extremist Islamic organization accused of spreading extremist ideology, committing terrorist acts, raising funds for terrorism, and recruiting members in Tamil Nadu – The central issue is whether the respondents, accused of serious offenses under the IPC and UAPA, should be granted bail – The Union of India, represented by NIA, argues that the High Court failed to appreciate the gravity of the offenses and the prima facie evidence against the respondents – The defence contends that the allegations are vague and the evidence, particularly the statements of protected witnesses, is unreliable – The Supreme Court set aside the High Court’s order granting bail, emphasizing the seriousness of the offenses and the sufficiency of prima facie evidence – The Court found that the High Court did not properly consider the material evidence and recorded perverse findings regarding the involvement of the respondents in the alleged offences – The Court relied on the provisions of the UAPA and past judgments to establish the standards for granting bail in cases involving terrorism – The Supreme Court concluded that the respondents should not be released on bail, given the reasonable grounds to believe the accusations against them are prima facie true and the potential threat to national security.

May 27, 2024 sclaw

2024 INSC 452 SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA — Appellant Vs. BARAKATHULLAH ETC. — Respondent ( Before : Bela M. Trivedi and Pankaj Mithal, JJ. )…

I P C

Penal Code, 1860 – Sections 420, 467, 468, and 471 – The appellant challenges the quashing of an FIR against seven accused persons for forging a power of attorney and a sale deed of his land by the High Court of Jharkhand – The Supreme Court allows the appeal and restores the FIR and the consequent case to the trial court, finding the High Court’s exercise of power under Section 482 Cr.P.C. unjustified and unsustainable – The Supreme Court holds that the High Court erred in assuming that there was no criminality involved in the alleged offences and that the matter was purely civil in nature – The Supreme Court also clarifies that the Sub-Registrar had the authority to initiate prosecution under the Registration Act, 1908, and that the quashing of the circular on which the Sub-Registrar relied did not affect the merits of the case.

May 27, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NAVIN KUMAR RAI — Appellant Vs. SURENDRA SINGH AND OTHERS — Respondent ( Before : B.R. Gavai and Sanjay Karol, JJ. ) Criminal Appeal…

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Constitution Service

Classification of Military casualties and the eligibility for Liberalised Family Pension — Battle Casualty —Illness Caused by Extreme Climatic Conditions as Battle Casualty — The Court establishes that a soldier’s death due to illness resulting from extreme climatic conditions while on duty near a sensitive border area (such as the Line of Control) can be categorized as a ‘Battle Casualty’ — This expands the interpretation of what constitutes a battle casualty under military regulations. – Liberalised Family Pension (LFP) — Application of Category E (f) — The judgment clarifies that deaths occurring in war-like situations, including those near international borders or lines of control due to environmental stresses, fall under clause (f) of category E of the relevant military order — This broadens the scope of eligibility for LFP under such circumstances.

Dec 8, 2024 sclaw
Constitution

Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.

Dec 8, 2024 sclaw
Acquittal

Evidence Act, 1872 — Section 27 — Penal Code, 1860 (IPC) — Sections 384, 364, 302 and 201 — Murder — Circumstantial Evidence — The Supreme Court acquitted the appellant of murder charges as the prosecution failed to prove the crucial link of the accused’s disclosure leading to the discovery of skeletal remains under Section 27 and the DNA evidence was also found to be inconclusive due to lack of proper collection of samples. – Proof of Disclosure Statements under Section 27 — Voluntariness and Uninfluenced Nature — The Court reiterates that the information provided by an accused under Section 27 must be voluntary and uninfluenced by threat, duress, or coercion.

Dec 8, 2024 sclaw
Acquittal

Arms Act, 1959 — Sections 25, 54 and 59 — Buttondar knife — Specific Intent Required — The court clarifies that mere possession of a knife covered by a notification like the DAD Notification is not sufficient to constitute an offense under the Arms Act — There must be specific intent to use it for the prohibited purposes such as “manufacture, sale, or possession for sale or test.” – The prosecution must clearly allege and prove the intent of the accused to use the weapon for the specified prohibited purposes — Absence of such allegation in the charge-sheet renders the proceedings defective.

Dec 8, 2024 sclaw