Supreme Court of India Judgements

46400 Judgements hosted as on 14/04/2024 - Search (FREE), Subscribe, Read & Download

Category: I P C

Food Safety and Standards Act I P C

Food Safety and Standards Act, 2006 (FSSA) – Sections 3(zz), 59 and 89 – Penal Code, 1860(IPC) – FSSA is a comprehensive and exhaustive legislation on all aspects of food and food safety, and that Section 89 of the FSSA gives an overriding effect to its provisions over any other law, including the IPC, in so far as the law applies to the aspects of food covered by the FSSA

Mar 3, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAM NATH — Appellant Vs. THE STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : Abhay S. Oka and Sanjay Karol, JJ.…

I P C

High court had not applied the correct standard of proof for invoking Section 319 CrPC, which requires more than a prima facie case but short of evidence that would lead to conviction – The supreme court also noted that the allegations against the appellants were vague and omnibus and that the trial court order was well reasoned and not perverse.

Feb 25, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH N. MANOGAR AND ANOTHER — Appellant Vs. THE INSPECTOR OF POLICE AND OTHERS — Respondent ( Before : Vikram Nath and Satish Chandra Sharma,…

Cr P C I P C

Forging a power of attorney and a sale deed – 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.

Feb 25, 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…

I P C

Respondent appears to have been hurt in view of the statements made by the petitioner generally about Gujarati people – Now, after the petitioner has explained the context in which he made the statements and after withdrawal of those statements, in the facts of the case, it is unjust to continue the prosecution – No purpose will be served by continuing the prosecution – Defamation complaint quashed – Appeal

Feb 25, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH TEJASHWI PRASAD YADAV — Appellant Vs. HARESHBHAI PRANSHANKAR MEHTA — Respondent ( Before : Abhay S. Oka and Ujjal Bhuyan, JJ. ) Transfer Petition…

I P C

Deposition would reveal that after the other accused assaulted the deceased with sword, A-3 came thereafter and assaulted the deceased with stone lying there – Prosecution has not been in a position to establish that A-3 shared the common intention with the other accused to cause the murder of the deceased – Appeal of A-3 is allowed by altering the conviction under Section 302 to Section 304 Part II IPC.

Feb 18, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VELTHEPU SRINIVAS AND OTHERS — Appellant Vs. STATE OF ANDHRA PRADESH (NOW STATE OF TELANGANA) AND ANOTHER — Respondent ( Before : B.R. Gavai…

I P C

Rape with a 7 year old girl in temple – Petitioner-convict was aged 40 years on the date of occurrence and he took the victim to a temple, unmindful of the holiness of the place disrobed her and himself and then committed the crime – in terms of the provisions under Section 376 AB, IPC when a sentence of imprisonment for a term not less than 20 years which may extend upto life imprisonment is imposed, the convict is also liable to suffer a sentence of fine which shall be just and reasonable to meet the medical expenses and rehabilitation of the victim – Conviction under Section 376 AB, IPC was upheld with the sentence modified to 30 years of rigorous imprisonment – Petition partly allowed.

Feb 18, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BHAGGI @ BHAGIRATH @ NARAN — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : C.T. Ravikumar and Rajesh Bindal, JJ.…

I P C

Penal Code, 1860 (IPC) – Sections 323 and 325 – Grievous injury – Reduction of sentence – Taking into consideration the totality of circumstances, coupled with the fact that underlying incident occurred in 2010, the appeal is allowed in part and the Impugned Order is modified to the extent that the Appellants’ sentence is reduced to the period already undergone i.e., 1 (one) month; and 3 (three) days.

Feb 18, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ABDUL JABBAR — Appellant Vs. THE STATE OF HARYANA AND OTHERS — Respondent ( Before : Vikram Nath and Satish Chandra Sharma, JJ. )…

I P C

Penal Code, 1860 (IPC) – Sections 420, 498A and 506 – Dowry Prohibition Act, 1961 – Sections 3 and 4 – Quashing of criminal proceedings – Phenomenon of false implication by way of general omnibus allegations in the course of matrimonial disputes is not unknown to this Court – A bare perusal of the complaint, statement of witnesses’ and the charge-sheet shows that the allegations against the Appellants are wholly general and omnibus in nature; even if they are taken in their entirety, they do not prima facie make out a case against the Appellants

Feb 18, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MAMIDI ANIL KUMAR REDDY — Appellant Vs. THE STATE OF ANDHRA PRADESH AND ANOTHER — Respondent ( Before : Vikram Nath and Satish Chandra…

I P C

Penal Code, 1860 (IPC) – Section 302 IPC read with Section 149 – Murder – Unlawful Assembly with Common Object – An overt act of some of the accused persons of an unlawful assembly with the common object to kill the deceased and to cause grievous hurt to the other family members is enough to rope in all of them for an offence under Section 302 IPC in aid with Section 149 IPC

Feb 6, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HAALESH @ HALESHI @ KURUBARA HALESHI — Appellant Vs. STATE OF KARNATAKA — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ.…

I P C

Rape – Consensual relationship -The appellant contended a valid Nikah with the second respondent and sought the quashing of the proceedings – The court examined the evidence, emphasizing the consensual nature of the relationship from 2013 to 2017 – The Supreme Court quashed the criminal proceedings against the appellant in a case of rape and other offences

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHEIKH ARIF — Appellant Vs. THE STATE OF MAHARASHTRA AND ANOTHER — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ. )…

You missed

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