Supreme Court of India Judgements

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Category: I P C

I P C

Relation witness–Relationship is not a factor to affect credibility of a witness. Culpable homicide not amounting to murder–Applicability of Section 300 Exception 4–Discussed. Culpable homicide not amounting to murder–Sudden fight– A “sudden fight” implies mutual provocation and blows on each side–The homicide committed is then clearly not traceable to unilateral provocation, nor in such cases could the whole blame be placed on one side–For if it were so, the Exception more appropriately applicable would be Exception 1. Medical evidence and ocular evidence–Variation in–Effect of–Held; Eyewitnesses’ account would require a careful independent assessment and evaluation for its credibility which should not be adversely prejudged making any other evidence, including medical evidence, as the sole touchstone for the test of such credibility.

Oct 16, 2017 sclaw

  2007(5) LAW HERALD (SC) 4087 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Aftab Alam Criminal Appeal No. 1592 of…

I P C

Relation witness–Relationship is not a factor to affect credibility of a witness. Culpable homicide not amounting to murder–Applicability of Section 300 Exception 4–Discussed. Culpable homicide not amounting to murder–Sudden fight– A “sudden fight” implies mutual provocation and blows on each side–The homicide committed is then clearly not traceable to unilateral provocation, nor in such cases could the whole blame be placed on one side–For if it were so, the Exception more appropriately applicable would be Exception 1.

Oct 14, 2017 sclaw

  2007(5) LAW HERALD (SC) 4073   IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam Criminal Appeal No. 1533 of…

I P C

Death by Negligence–Negligence and rashness to be punishable in terms of Section 304-A must be attributable to a state of mind wherein the criminality arises because of no error in judgment but of a deliberation in the mind risking the crime as well as the life of the person who may lose his life as a result of the crime. Death by Negligence–Accident on unmanned railway crossing, where appellant was driving a bus and engine of train struck and rear of bus–Several injured and two died–Section 302 IPC has no application. Death by Negligence– The provision of section is not limited to rash or negligent driving–Any rash or negligent act whereby death of any person is caused becomes punishable

Oct 14, 2017 sclaw

  2007(5) LAW HERALD (SC) 4060     IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam Criminal Appeal No.…

I P C

Confession is a substantive piece of evidence, but as a ‘Rule of Prudence’ the Court should seek other corroborative evidence to test its veracity. Kidnapping and Extortion–The act of kidnapping for extorting ransom from the victim cannot be termed as an act committed “with intent to overawe the Government as by law established–TADA not applicable. Confession–Admissibility of–The mere fact that retracted subsequently is not a valid ground to reject the confession. The crucial question is whether at the time when the accused was giving the statement he was subjected to coercion, threat or any undue influence or was offered any inducement to give any confession

Oct 4, 2017 sclaw

  2007(5) LAW HERALD (SC) 4030 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice K. G. Balakrishnan The Hon’ble Mr. Justice G. P. Mathur Criminal Appeal No.…

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Constitution

Constitution of India, 1950 — Article 32 — Criminal Procedure Code, 1973 (CrPC) — Sections 154, 173 — Clubbing/Transfer of FIRs — Multiple FIRs registered against petitioners in different jurisdictions arising from same set of transactions relating to a real estate project — Held, multiplicity of FIRs and parallel investigations on same facts leads to avoidable multiplicity of proceedings, conflicting findings and serious prejudice to the accused — Principle laid down in T.T — Antony v — State of Kerala, (2001) 6 SCC 181, that there cannot be multiple FIRs for the same occurrence or transaction, squarely applies — FIR No. 30/2019 (EOW, Delhi) directed to be transferred and clubbed with FIR No. 439/2024 (Gurugram, Haryana) for investigation — Blanket direction restraining coercive steps in future FIRs declined, but petitioners permitted to avail remedies in law if future FIRs are based on the same transaction.

May 24, 2026 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Abuse of Process of Court — Discharge of Accused — Vague Allegations — Where allegations in FIR and charge sheet are general and do not specify the role of the accused, continuation of criminal proceedings amounts to abuse of process of court and may cause prejudice.

May 24, 2026 sclaw
C P C

Civil Procedure Code, 1908 (CPC) — Section 2(2), Order 20 Rule 18 — Preliminary vs. Final Decree — A Preliminary Decree declares rights and liabilities, leaving actual results to be worked out in further proceedings — A Final Decree is passed after further inquiries, completely disposing of the suit — A Preliminary Decree cannot be executed directly unless it is partly final — Provisions of Order 20 Rule 18 allow a court to pass a Preliminary Decree declaring rights and giving further directions if partition cannot be conveniently made without further inquiry in suits for partition of immovable property — The Supreme Court noted that the High Court erred by focusing on the nomenclature of the decree rather than its executable portions, especially when the property was not divisible by metes and bounds.

May 24, 2026 sclaw
Constitution Narcotics Unlawful Activities (Prevention) Act

Unlawful Activities (Prevention) Act, 1967 — Section 43-D(5) — Bail — Constitutional Courts’ power to grant bail — The Supreme Court reiterated that statutory restrictions on bail under the UAP Act do not oust the power of constitutional courts to grant bail on grounds of violation of fundamental rights, particularly the right to a speedy trial under Article 21 of the Constitution — The Court emphasized that the rigors of Section 43-D(5) can “melt down” when there is no likelihood of trial completion within a reasonable time and the period of incarceration is substantial.

May 24, 2026 sclaw