Supreme Court of India Judgements

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Category: I P C

Cr P C I P C

Penal Code, 1860 (IPC) – 147, 342, 323, 307 and 506 – Criminal Procedure Code, 1973 (CrPC) – Section 173(2) , 190 (1)(b) and 200 – Protest Petition – Magistrate to treat the Protest Petition as a complaint, proceeding according to Chapter XV of the Cr.P.C – The Court’s reasoning focused on the proper procedure for taking cognizance of an offence and the treatment of a Protest Petition when additional affidavits are filed – The conclusion emphasizes the Magistrate’s liberty to treat the Protest Petition as a complaint and the need to follow due process – The judicial opinion clarified the legal position regarding the Magistrate’s options upon receiving a closure report from the Investigating Officer.

Apr 27, 2024 sclaw

2024 INSC 316 SUPREME COURT OF INDIA DIVISION BENCH MUKHTAR ZAIDI — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Vikram Nath and Satish…

I P C

Penal Code, 1860 (IPC) – Sections 420,120B and 34 – Territorial jurisdiction for the FIR -The Supreme Court quashed the FIR and all proceedings, concluding that the matter was civil, not criminal, and that Arunachal Pradesh lacked territorial jurisdiction – The Court found no evidence of a cognizable offence and deemed the dispute to be of a civil nature, suitable for resolution in a civil court – The Court applied the principle that civil disputes should not be converted into criminal complaints unless there is clear evidence of criminal intent or action – The FIR and subsequent proceedings were quashed, with the Court questioning why the State of Arunachal Pradesh pursued the case when the complainant did not challenge the Rajasthan High Court’s order.

Apr 27, 2024 sclaw

(2024) INSC 317 SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF ARUNACHAL PRADESH AND OTHERS — Appellant Vs. KAMAL AGARWAL AND OTHERS ETC. — Respondent ( Before : Vikram…

I P C

Penal Code, 1860 (IPC) – Sections 302 and 30 – Court found the eyewitnesses’ testimonies reliable and corroborated by medical evidence, dismissing the trivial contradictions raised by the appellant – The Court upheld the conviction based on the credibility of the eyewitnesses and the medical jurist’s testimony, despite the appellant’s claims of a fabricated case – The Supreme Court concluded that the impugned judgments were without infirmity and dismissed the appeal accordingly.

Apr 27, 2024 sclaw

2024 INSC 308 SUPREME COURT OF INDIA DIVISION BENCH RAMVIR @ SAKET SINGH Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ.…

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

2024 INSC 294 SUPREME COURT OF INDIA DIVISION BENCH SUBHASH @ SUBANNA AND OTHERS Vs. STATE OF KARNATAKA MINISTRY OF HOME AFFAIRS — Respondent ( Before : Sudhanshu Dhulia and…

CBI I P C

Criminal Procedure Code, 1973 – Section 482 – Penal Code, 1860 (IPC) – Sections 420 and 120B – Cheating in Land Mortgage -Court found no evidence of intentional deceit or conspiracy by the appellants, as the AICTE was aware of the mortgage from the first application – The Court referenced legal definitions of cheating and criminal conspiracy, emphasizing the lack of dishonest inducement and absence of AICTE’s complaint – The appellants were discharged from the alleged offences, with the Court concluding that the essential elements of cheating were not present.

Apr 13, 2024 sclaw

2024 INSC 284 SUPREME COURT OF INDIA DIVISION BENCH VIPIN SAHNI AND ANOTHER — Appellant Vs. CENTRAL BUREAU OF INVESTIGATION — Respondent ( Before : Aniruddha Bose and Sanjay Kumar,…

CBI I P C

CBI investigation for justice – The Court finds the investigation ineffective and is inclined to transfer the case to the CBI, noting the need for a credible investigation and the fundamental rights of the appellants – The Court discusses the circumstances under which investigations can be transferred to the CBI, emphasizing the sparing use of this power and the need for complete justice – The Court sets aside the High Court’s order dismissing the transfer to the CBI and directs the CBI to take over the investigation, ensuring a thorough inquiry and the pursuit of justice.

Mar 26, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AWUNGSHI CHIRMAYO AND ANOTHER — Appellant Vs. GOVERNMENT OF NCT OF DELHI AND OTHERS — Respondent ( Before : J.K. Maheshwari and Sudhanshu Dhulia,…

I P C

Information Technology Act, 2000 – Sections 67 and 67A – The appellants, involved in the creation of the web-series ‘College Romance,’ are accused of publishing obscene content under Sections 67 and 67A of the IT Act, leading to an FIR against them – “FIR Quashed, Content Upheld: Supreme Court Rejects Charges Against “College Romance” webseries for Vulgarity”

Mar 25, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH APOORVA ARORA AND ANOTHER ETC — Appellant Vs. STATE (GOVT. OF NCT OF DELHI) AND ANOTHER. — Respondent ( Before : A.S. Bopanna and…

I P C

Penal Code, 1860 (IPC) – Sections 153A, 500, 501, 504, 34 and 120B – Intentional insult with intent to provoke breach of the peace – – The primary issue is whether the allegations in the FIR disclose any cognizable offence justifying the continuation of the investigation – The Court refers to precedents to determine the absence of necessary ingredients for the alleged offences and the applicability of the principles for quashing criminal proceedings – The Court quashes the FIR and all proceedings against the appellant, citing the absence of necessary ingredients for the cognizable offences alleged.

Mar 25, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHIV PRASAD SEMWAL — Appellant Vs. STATE OF UTTARAKHAND AND OTHERS — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ. ) Criminal…

I P C

Penal Code, 1860 – Sections 354D, 376(2)(n), 504 and 506 read with 34 – Supreme Court found inconsistencies in the appellant’s statements and lack of evidence for the alleged forced abortion at Nursing Home – The Court referenced previous judgments to establish that consent vitiated by a false promise of marriage does not constitute rape under Section 375 of IPC unless the promise was proven to be false at inception – The Supreme Court dismissed the appeal, agreeing with the High Court that continuing the proceedings would be an abuse of the legal process and result in miscarriage of justice.

Mar 23, 2024 sclaw

SUPREME COURT OF INDIA FULL BENCH MS. X — Appellant Vs. MR. A AND OTHERS ( Before : B.R. Gavai, Rajesh Bindal and Sandeep Mehta, JJ. ) Criminal Appeal No……of…

Anticipatory Bail I P C

Prevention of Witch (Daain) Practices Act, 1999 – Sections 3 and 4 – Penal Code, 1860 (IPC) – Sections 341, 323, 354, 354 (B), 379, 504, 506 and 149 – – The respondent opposes anticipatory bail, asserting that the petitioner’s involvement is established – They contend that the seriousness of the charges warrants denial of bail – The court acknowledges that anticipatory bail is an extraordinary remedy – It emphasizes that such relief should be granted sparingly and only in exceptional circumstances – The court considers the petitioner’s status as an absconder and weighs the evidence against them – After thorough consideration, the court rules on the anticipatory bail application – Appeal Dismissed.

Mar 23, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SRIKANT UPADHYAY AND OTHERS — Appellant Vs. STATE OF BIHAR AND ANOTHER — Respondent ( Before : C.T. Ravikumar and Sanjay Kumar, JJ. )…

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Acquittal

Penal Code, 1860 (IPC) — Sections 376 and 313 — Rape — False promise of marriage — Physical relationship with the complainant under the false promise of marriage, leading to her pregnancy and subsequent abortions — Whether the FIR should be quashed based on the allegations and the delay in filing the complaint — The petitioner argued that the relationship was consensual and the delay in filing the FIR undermines the credibility of the allegations — The respondent claimed that the petitioner deceived her with a false promise of marriage, leading to non-consensual physical relations — The Supreme Court quashed the FIR, noting the long-term consensual relationship and the lack of prima facie evidence for rape under Section 376 IPC —The Court emphasized the delay in filing the FIR and the nature of the relationship, which appeared consensual —The Court referred to previous judgments, highlighting the importance of prima facie evidence and the misuse of legal provisions —The FIR and all proceedings based on it were quashed, preventing abuse of the legal process.

Oct 21, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) — Sections 420, 468, 471 and 120-B —Prevention of Corruption Act, 1988 — Section 13(2) and 13(1)(d) — Financial misconduct and conspiracy — Whether the High Court was correct in discharging the respondent from the charges of conspiracy and financial misconduct — The CBI argued that the High Court conducted a mini-trial at the charge-framing stage and that there was sufficient suspicion to frame charges against the respondent — The respondent’s counsel argued that the material in the charge sheet did not make out a case against the respondent and that the High Court rightly discharged him —The Supreme Court upheld the High Court’s decision to discharge the respondent, stating that mere suspicion was not enough to frame charges – The Court found that the respondent’s role was limited to signing the memorandum prepared by senior officers and participating in the Management Committee meeting, which approved the proposal — The Court emphasized that the proposal had passed through various committees and that the respondent’s actions did not amount to criminal misconduct — The appeal was dismissed, and the respondent was discharged from the charges — The trial against other accused persons will continue.

Oct 21, 2024 sclaw
Municipal Laws

Patna Municipal Corporation Act, 1951 — Sections 146, 423 and 488(1) — The Patna Municipal Corporation imposed a royalty on advertisements, which was later increased — The respondents challenged this imposition, arguing it was a tax without legislative backing — Whether the royalty imposed by the Corporation was a tax and if it was legally enforceable without legislative sanction — The Corporation argued that the royalty was agreed upon by the parties and was not a tax — They contended that the enhancement of the rate was within their rights — The respondents argued that the imposition was a tax, which required legislative sanction, and the Corporation had no authority to levy it — The Division Bench quashed the enhancement, ruling that the Corporation had no power to impose the tax without legislative backing — The Court found that the royalty was not a tax but a fee agreed upon by the parties — It held that the Corporation’s actions were within the scope of the agreement — The Court distinguished between royalty and tax, emphasizing that royalty is based on an agreement, not statutory provision — The Court upheld the imposition of royalty as per the agreement but noted that the enhancement in rates was not challenged effectively — The judgment of the Division Bench was set aside.

Oct 21, 2024 sclaw
Constitution

Citizenship Act, 1955 — Section 6A — Special provisions as to citizenship of persons covered by the Assam Accord — The case involves the constitutional validity of Section 6A of the Citizenship Act 1955, which grants citizenship to certain migrants from Bangladesh to Assam —The main issues include whether Parliament had the legislative competence to enact Section 6A, and if Section 6A violates Articles 6, 7, 14, 29, and 355 of the Constitution — Petitioners argue that Section 6A is unconstitutional as it conflicts with Articles 6 and 7, adopts unreasonable cut-off dates, and violates Articles 14, 29, and 355 — Respondents contend that Section 6A is within Parliament’s legislative competence under Article 11 and does not violate the Constitution — The judgment addresses the legislative competence of Parliament, the reasonableness of cut-off dates, and the impact on Assamese cultural identity — The court examines the historical context of citizenship provisions, the legislative intent behind Section 6A, and the scope of judicial review under Article 14 — The court analyzes the constitutional provisions on citizenship, the legislative objective of Section 6A, and the balance between legislative intent and constitutional mandates —The court concludes that Section 6A of the Citizenship Act is constitutional and does not violate the cited Articles of the Constitution.

Oct 21, 2024 sclaw