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Cr P C – Section 482 – Second petition – Maintainability – A second petition not maintainable under Section 482 Cr.P.C. on grounds that were available for challenge even at the time of filing of the first petition – Filing of the charge sheet and cognizance thereof by the Court concerned were well before the filing of the first petition under Section 482 Cr.P.C., wherein challenge was made only to the sanction order – That being so, the petitioner was not at liberty to again invoke the inherent jurisdiction of the High Court in relation to the charge sheet and the cognizance order at a later point of time.
SUPREME COURT OF INDIA DIVISION BENCH BHISHAM LAL VERMA — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : C.T. Ravikumar And Sanjay Kumar, JJ. )…
Constitution of India, 1950 – Article 226 – If the High Courts start entertaining Article 226 petitions for challenging the orders passed by the Civil Courts in other states, it will lead to a chaotic situation.
SUPREME COURT OF INDIA DIVISION BENCH PANKAJ KUMAR TIWARI — Appellant Vs. INDIAN OVERSEAS BANK ASSET RECOVERY MANAGEMENT BRANCH AND OTHERS — Respondent ( Before : Abhay S.Oka and Pankaj…
Constitution of India, 1950 – Article 142 – (CrPC) – S 125(3) – Maintenance to wife – Fails to comply with the order for payment of maintenance – Husband abandoned the wife, and virtually fled to Australia – Recovery of arrears of maintenance on the ground that she lives with her widowed mother, on whom she is dependent expenses. for including litigation expenses – This Court is not powerless, but can issue appropriate directions, and even decrees, for doing complete justice between the parties – In other words, the power under Article 142 is meant to supplement the existing legal framework – Directions issued for sale of joint/coparcenary property
SUPREME COURT OF INDIA DIVISION BENCH MANMOHAN GOPAL — Appellant Vs. THE STATE OF CHHATTISGARH AND ANOTHER — Respondent ( Before : S. Ravindra Bhat and Aravind Kumar, JJ. )…
Constitution of India, 1950 – Articles 15 (2), 17, 23 and 24 – Directions to Union of India and all the States and Union Territories to implement provisions of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 and Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013 – Union and States are duty bound to ensure that the practice of manual scavenging is completely eradicated – Directions issued
SUPREME COURT OF INDIA DIVISION BENCH DR. BALRAM SINGH — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : S. Ravindra Bhat and Aravind Kumar, JJ. )…
Criminal Procedure Code, 1973 (CrPC) – Section 439 – Penal Code, 1860 (IPC) – Sections 120B, 201 and 420 – Prevention of Corruption Act, 1988 – Sections 7, 7A, 8 and 12 – Prevention of Money-Laundering Act, 2002 – Sections 3, 4 and 45 – Delhi Excise Policy Scam – Granting liquor licenses to traders in exchange for bribes – Bail denied – Detention or jail before being pronounced guilty of an offence should not become punishment without trial – If the trial gets protracted despite assurances of the prosecution, and it is clear that case will not be decided within a foreseeable time, the prayer for bail may be meritorious -Liberty to appellant to move a fresh application for bail in case of change in circumstances, or in case the trial is protracted and proceeds at a snail’s pace in three months.
SUPREME COURT OF INDIA DIVISION BENCH MANISH SISODIA — Appellant Vs. CENTRAL BUREAU OF INVESTIGATION — Respondent ( Before : Sanjiv Khanna and S.V.N. Bhatti, JJ. ) Criminal Appeal No.of…
Penal Code, 1860 (IPC)- Sections 302, 376, 511, 454, 380 read with Section 34 – Murder and attempt to rape – Order of acquittal reversed by High Court – Appeal – Double Presumption – Non-Examination of Material Witnesses – When a circumstance has been brought to the notice of the Court by the defense and the Court is convinced that a prosecution witness has been deliberately withheld, as it in all probability would destroy its version, it has to take adverse notice – Anything contrary to such an approach would be an affront to the concept of fair play – Appellant is entitled to the benefit of doubt as the prosecution has not proved its case beyond reasonable doubt – Conviction and sentence set-aside – Appeal allowed.
SUPREME COURT OF INDIA DIVISION BENCH HARVINDER SINGH @ BACHHU — Appellant Vs. THE STATE OF HIMACHAL PRADESH — Respondent ( Before : M.M. Sundresh and J.B. Pardiwala, JJ. )…
Allotment of plot – Public auction – Defaults and failure to pay installment/balance payment – Earnest money paid by the respondent will be forfeited and will not be refunded – Rs.4,15,000/- (Rupees four lakhs fifteen thousand only), less the earnest money deposited by Respondent, will be refunded to him with simple interest at the rate of 8% per annum with effect from 01.01.2001
SUPREME COURT OF INDIA DIVISION BENCH JAMMU DEVELOPMENT AUTHORITY — Appellant Vs. S. PARAMJEET SINGH AND ANOTHER — Respondent ( Before : Sanjiv Khanna and S.V.N. Bhatti, JJ. ) Civil…
Constitution of India, 1950 – Article 226 – If the High Courts start entertaining Article 226 petitions for challenging the orders passed by the Civil Courts in other states, it will lead to a chaotic situation.
SUPREME COURT OF INDIA DIVISION BENCH PANKAJ KUMAR TIWARI — Appellant Vs. INDIAN OVERSEAS BANK ASSET RECOVERY MANAGEMENT BRANCH AND OTHERS — Respondent ( Before : Abhay S.Oka and Pankaj…
Constitution of India, 1950 – Articles 15 (2), 17, 23 and 24 – Directions to Union of India and all the States and Union Territories to implement provisions of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 and Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013 – Union and States are duty bound to ensure that the practice of manual scavenging is completely eradicated
SUPREME COURT OF INDIA DIVISION BENCH DR. BALRAM SINGH — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : S. Ravindra Bhat and Aravind Kumar, JJ. )…
Constitution of India, 1950 – Article 19(6) – Environment Protection Act, 1986 – Section 5 – Plastic Waste Management Rules, 2016 – Order of ban on ‘reinforced’ paper cups is upheld and in the matter of ban non-woven plastic bags, back to Tamil Nadu Pollution Control Board (TNPCB) for consideration – However, given that there is scientific basis for the ban, and it is the State Government’s policy decision to ban numerous categories of single use plastic products, in public interest, there is little room or reason, for this court to interfere on the ground of merits of the ban
SUPREME COURT OF INDIA DIVISION BENCH TAMIL NADU AND PUDUCHERRY PAPER CUP MANUFACTURES ASSOCIATION — Appellant Vs. STATE OF TAMIL NADU AND OTHERS — Respondent ( Before : S. Ravindra…