(CrPC) – Section 173(8) – Endeavor of the Court should be to have the fair investigation and fair trial only – mere filing of the chargesheet and framing of the charges cannot be an impediment in ordering further investigation / re-investigation / de novo investigation, if the facts so warrant
SUPREME COURT OF INDIA DIVISION BENCH ANANT THANUR KARMUSE — Appellant Vs. THE STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. )…
HELD where a reversal of acquittal is sought, the courts must keep in mind that the presumption of innocence in favour of the accused – mother of the deceased, an interested witness evidence was not reliable – F S L Report, no blood was present on the weapons recovered except for traces of blood on one lathi, and even that could not be linked with the blood of the deceased – Order of acquittal is upheld
SUPREME COURT OF INDIA DIVISION BENCH ROOPWANTI — Appellant Vs. STATE OF HARYANA AND OTHERS — Respondent ( Before : Krishna Murari and B.V. Nagarathna, JJ. ) Criminal Appeal No.…
HELD promotion to the post of Assistant Registrar as on 09.04.2021 i.e., the date on which the juniors came to be promoted is directed to be considered afresh ignoring the uncommunicated ACRs for the years 2016-17 and 2019-20 and thereafter the DPC/competent authority to take a fresh decision in accordance with law and taking into consideration the ACRs of remaining years, i.e., 2017-18 and 2018-19.
SUPREME COURT OF INDIA DIVISION BENCH R.K. JIBANLATA DEVI — Appellant Vs. HIGH COURT OF MANIPUR THROUGH ITS REGISTRAR GENERAL AND OTHERS — Respondent ( Before : M.R. Shah and…
Prevention of Money Laundering Act, 2002 – Rigour of Section 45 of the Act, 2002 shall be applicable even with respect to the application under Section 438 Cr.PC – Order granting anticipatory bail is quashed and set aside
SUPREME COURT OF INDIA DIVISION BENCH THE DIRECTORATE OF ENFORCEMENT — Appellant Vs. M. GOPAL REDDY AND ANOTHER — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. )…
Limitation Act, 1963 – Articles 58 and 72 – Suit for declaration – Trial Court held that the suit was barred by limitation considering Articles 58 and 72 of the Limitation Act and when the same was confirmed by the First Appellate Court, the High Court ought not to have interfered with the said findings of facts in exercise of powers under Section 100 of the CPC.
SUPREME COURT OF INDIA DIVISION BENCH STATE OF HIMACHAL PRADESH AND OTHERS — Appellant Vs. CHANDERVIR SINGH NEGI — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. )…
Penal Code, 1860 (IPC) – Section 302 read with section 34 – Murder – Common intention – Appeal against acquittal – Common intention can be formed at the spur of the moment and during the occurrence itself –
SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF MADHYA PRADESH — Appellant Vs. JAD BAI — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Criminal Appeal…
Twin conditions – For lapse under Section 24(2) of the Act, 2013, twin conditions, namely, (i) the possession is not taken and (ii) the compensation is not tendered/paid are to be satisfied and if one of the conditions is not satisfied there shall not be any lapse or deemed lapse under the Act, 2013.
SUPREME COURT OF INDIA DIVISION BENCH DELHI DEVELOPMENT AUTHORITY — Appellant Vs. RAJENDER SINGH AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Civil Appeal…
Applying the law laid down by this Court in the case of Indore Development Authority to the facts of the case on hand, the High Court has materially erred in declaring that the acquisition proceedings with respect to the entire land i.e., 15 bigha 18 biswa are deemed to have lapsed is unsustainable – Appeal allowed
SUPREME COURT OF INDIA DIVISION BENCH LAND ACQUISITION COLLECTOR — Appellant Vs. JAI PRAKASH TYAGI AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Civil…
Land Acquisition Act, 1894 – Sections 4 and 6 – when the entire acquisition proceedings have been concluded including declaration of the award, passing of the award and the payment of the compensation, the acquisition with respect to the said land which is required for widening of the road ought not to have been quashed
SUPREME COURT OF INDIA DIVISION BENCH STATE OF HARYANA AND OTHERS — Appellant Vs. NIRANJAN SINGH AND OTHERS ETC. — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ.…
An erroneous order may be subjected to appeal before the higher forum but cannot be a subject matter of review under Order 47 Rule 1 CPC.
SUPREME COURT OF INDIA DIVISION BENCH S. MURALI SUNDARAM — Appellant Vs. JOTHIBAI KANNAN AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Civil Appeal…