Supreme Court of India Judgements

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Category: I P C

I P C

Criminal Procedure Code, 1973 (CrPC) – Section 482 – Penal Code, 1860 (IPC) – Sections 420, 468, 471 read with Section 34 – Passports Act, 1967 – Section 12(b) – Quashing of FIR – Wife forged her husband’s signatures in order to obtain a passport for their minor child – In order to attract the provisions of Section 420 IPC, the prosecution has to not only prove that the accused has cheated someone but also that by doing so, he has dishonestly induced the person who is cheated to deliver property – FIR quashed – Appeal allowed.

Jan 28, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MARIAM FASIHUDDIN AND ANOTHER — Appellant Vs. STATE BY ADUGODI POLICE STATION AND ANOTHER — Respondent ( Before : Surya Kant and Dipankar Datt,…

I P C

The court found the prosecution’s guilt beyond a reasonable doubt for kidnapping, attempted murder, and robbery, but had doubts about the evidence’s sufficiency to prove the intention of demanding ransom. The court acquitted the appellants of the charge under Section 364A of the IPC while upholding their convictions for other offences.

Jan 11, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NEERAJ SHARMA AND OTHERS — Appellant Vs. STATE OF CHHATTISGARH AND OTHERS — Respondent ( Before : Sudhanshu Dhulia and Satish Chandra Sharma, JJ.…

I P C

Multiplicity of proceedings will not be in the larger public interest and State also – It appropriate to exercise power conferred under Article 142 of the Constitution of India to accede to the relief claimed to the extent of consolidation of the FIRs registered in the State of Madhya Pradesh for being tried together as one trial as far as possible.

Dec 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AMANAT ALI — Appellant Vs. STATE OF KARNATAKA AND OTHERS — Respondent ( Before : B.R. Gavai and Aravind Kumar, JJ. ) Writ Petition…

Acquittal I P C

Penal Code, 1860 (IPC) – Section 306 – Abetment of Suicide – Acquittal – The said incident allegedly happened more than two weeks before the date of suicide. There is no allegation that any act was done by the appellants in the close proximity to the date of suicide – By no stretch of the imagination, the alleged acts of the appellants can amount to instigation to commit suicide

Dec 2, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MOHIT SINGHAL AND ANOTHER — Appellant Vs. THE STATE OF UTTARAKHAND AND OTHERS — Respondent ( Before : Abhay S. Oka and Pankaj Mithal,…

I P C

Penal Code, 1860 (IPC) – Sections 302 and 34 – Murder – Applicability of Section 34 of the IPC – For applying Section 34 IPC there should be a common intention of all the co-accused persons which means community of purpose and common design – Common intention does not mean that the co-accused persons should have engaged in any discussion or agreement so as to prepare a plan or hatch a conspiracy for committing the offence

Dec 2, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAM NARESH — Appellant Vs. STATE OF U.P. — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ. ) Criminal Appeal No.…

I P C Prevention of Money Laundering Act

Penal Code, 1860 (IPC) – Section 120B – Prevention of Money Laundering Act, 2002 – Section 3 – Prevention of Money Laundering Act (PMLA) not be applicable to criminal conspiracy under Section 120B of the Indian Penal Code (IPC) unless the conspiracy is specifically related to money laundering – PMLA to be invoked, the conspiracy must have a direct connection to money laundering activities

Dec 2, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PAVANA DIBBUR — Appellant Vs. THE DIRECTORATE OF ENFORCEMENT — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ. ) Criminal Appeal…

I P C

(CrPC) – Sections 482, 378 and 407 – Penal Code, 1860 (IPC) – Sections 448, 454 and 380 – Theft – Discharge application – When coupled with the fact that the police did not find any offences having been made out against the appellants under Sections 454 and 380, IPC, the case against the appellants under Section 448, IPC finds itself on shaky ground – There is no suspicion, much less strong or grave suspicion that the appellants are guilty of the offence alleged

Nov 29, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VISHNU KUMAR SHUKLA AND ANOTHER — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Vikram Nath and Ahsanuddin…

I P C

(IPC) – Sections 307, 323 and 324 – Attempt to murder – Intention of the accused can be ascertained from the actual injury, if any, as well as from surrounding circumstances – the injuries on complainant and his mother have been found to be simple in nature, which is an additional point in the appellants’ favour – Only offences under Sections 323 and 324 of the IPC can be made out – Conviction under Section 307, IPC is unsustainable

Nov 29, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SIVAMANI AND DINESH KUMAR — Appellant Vs. STATE REPRESENTED BY INSPECTOR OF POLICE — Respondent ( Before : Vikram Nath and Ahsanuddin Amanullah, 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