(CrPC) – Section 438 – Bail – Bank Guarantee – A pre-condition of furnishing Bank Guarantee was held to be unsustainable for granting bail.
SUPREME COURT OF INDIA DIVISION BENCH KARANDEEP SINGH — Appellant Vs. CBI — Respondent ( Before : Aniruddha Bose and Rajesh Bindal, JJ. ) Criminal Appeal Nos. 1711-1712 of 2023…
Direction to petitioners’ advocate should be allowed to be present during the interrogation of the petitioners but that he should be made to sit at a distance beyond hearing range, but within visible range
SUPREME COURT OF INDIA DIVISION BENCH BIRENDRA KUMAR PANDEY AND ANOTHER — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : Vikram Nath and Sanjay Kumar, JJ.…
Constitution Bench had saved the appointments and their promotion to be considered in accordance with appropriate service rules, nothing further survives in this appeal. The same is rendered infructuous as it would stand covered by the judgment of the Constitution Bench Chebrolu Leela Prasad Rao and others vs. State of Andhra Pradesh and others, (2021) 11 SCC 401
SUPREME COURT OF INDIA DIVISION BENCH M LUCY RANI AND OTHERS — Appellant Vs. SIDDABLOINA LAXMINARAYANA AND OTHERS — Respondent ( Before : Vikram Nath and Sanjay Kumar, JJ. )…
In explaining the circumstances appearing in the evidence against the appellant in terms of the provisions of Section 313 of the Code of Criminal Procedure, 1973, there was no summingup of any evidence specifically against the appellant by the Trial Court – Conviction and sentence is set aside – Appeal allowed.
SUPREME COURT OF INDIA DIVISION BENCH AMOL BHASKARRAO WAGHMARE — Appellant Vs. STATE OF MAHARASHTRA — Respondent ( Before : Aniruddha Bose and Rajesh Bindal, JJ. ) Criminal Appeal No.744…
(CrPC) – Section 319 – Summoning order – satisfaction preceding the order thereunder must be more than prima facie as formed at the stage of a charge being framed and short of satisfaction to an extent that the evidence, if unrebutted, would lead to conviction – Summoning order upheld – Appeal dismissed
SUPREME COURT OF INDIA DIVISION BENCH JITENDRA NATH MISHRA — Appellant Vs. STATE OF U.P. AND ANOTHER — Respondent ( Before : Dipankar Datta and Pankaj Mithal, JJ. ) Criminal…
Transfer of Property Act, 1882 – Section 53A – the prospective purchaser having performed his part of the contract and lawfully in possession acquires possessory title which is liable to be protected in view of Section 53A of the Transfer of Property Act, 1882.
SUPREME COURT OF INDIA DIVISION BENCH GHANSHYAM — Appellant Vs. YOGENDRA RATHI — Respondent ( Before : Dipankar Datta and Pankaj Mithal, JJ. ) Civil Appeal Nos.7527-7528 of 2012 Decided…
There is a special equity in favour of the appellant – The reason being that the appellant has continued to work as a Full Time Teacher for 25 long years and has now been superannuated from service – denial of pension to the appellant would incur lot of hardship to the appellant, the appellant shall be given pension along with the arrears.
SUPREME COURT OF INDIA DIVISION BENCH GEETA — Appellant Vs. THE PRINCIPAL, RAMNAGAR BHARAT VIDYALYA, RAMNAGAR AND OTHERS — Respondent ( Before : Sudhanshu Dhulia and K.V. Viswanathan, JJ. )…
Review Petition – There was a total delay of 868 days in preferring the petition for review of order – No explanation for long delay in filing – Review Petition dismissed.
SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND ANOTHER — Appellant Vs. DEVIKA KALPESHKUMAR CHAUHAN — Respondent ( Before : B.V. Nagarathna and Manoj Misra, JJ. ) Civil…
Rape – There is absolutely no reason as to why the son of PW4, who is incidentally the brother of PW6, has not been examined being the sole eye-witness – Conviction and sentence set aside – Appeal allowed.
SUPREME COURT OF INDIA DIVISION BENCH DAVINDER SINGH — Appellant Vs. STATE OF PUNJAB — Respondent ( Before : Surya Kant and M. M. Sundresh, JJ. ) Criminal Appeal No.…
Section 106 of the Evidence Act does not absolve the prosecution of discharging its primary burden of proving the prosecution case beyond reasonable doubt – It is only when the prosecution has led evidence which, if believed, will sustain a conviction, or which makes out a prima facie case, the question arises of considering facts of which the burden of proof would lie upon the accused
SUPREME COURT OF INDIA DIVISION BENCH STATE OF PUNJAB — Appellant Vs. KEWAL KRISHAN — Respondent ( Before : B.V. Nagarathna and Manoj Misra, JJ. ) Criminal Appeal No. 2128…







