Summoning as additional accused – – Once it is conceded that the appellant is a sibling of one of the named assailants, the material for forming the requisite satisfaction cannot be said to be non-existent — Special Court formed the requisite satisfaction prior to summoning the appellant to face trial with “D” —
SUPREME COURT OF INDIA Before: Dipankar Datta & Pankaj Mithal, JJ. Criminal Appeal No. 978 of 2022 Decided on: 02.06.2023 Jitendra Nath Mishra – Appellant Versus State of U.P. &…
Double jeopardy – Hearing to accused – Prior to carrying out further investigation under Section 173(8) of the CrPC it is not necessary that the order accepting the final report should be reviewed, recalled or quashed – court is not obliged to hear the accused while considering an application for further investigation under Section 173(8) of the CrPC.
SUPREME COURT OF INDIA Before: Surya Kant & J.B. Pardiwala, JJ. SLP (Crl.) Nos. 7628-7630 of 2017 Decided on: 28.04.2023 State Through Central Bureau of Investigation – Appellant Versus Hemendhra…
Legitimacy of Child–Presumption of–DNA Test–Wife living in Adultery–Not a ground in itself to uproot the presumption of legitimacy of child
Supreme Court of India Aparna Ajinkya Firodia vs Ajinkya Arun Firodia on 20 February, 2023 Author: V. Ramasubramanian Bench: V. Ramasubramanian, B.V. Nagarathna REPORTABLE IN THE SUPREME COURT OF INDIA…
Sanction for prosecution as per Section 197(1) of the Code of Criminal Procedure is required even in cases where the official was acting in excess of of his official duties.
1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.2417 OF 2010 A. SRINIVASULU …APPELLANT (S) VERSUS THE STATE REP. BY THE INSPECTOR OF POLICE …RESPONDENT(S)…
HELD that in a case of circumstantial evidence, “the chain has to be complete in all respects so as to indicate the guilt of the accused and also exclude a any other theory of the crime,”
The appeal is allowed, in terms of the signed order. The appellant is already on bail, his bail bonds are cancelled and sureties if any, stand discharged. IN THE SUPREME…
Competition Act, 2002 – Constitution of India, 1950 – Article 39(b) – Coal Mines (Nationalisation) Act, 1973 – Section 28 – Competition Act, 2022 apply to Coal Mines (Nationalisation) Act, 1973
SUPREME COURT OF INDIA FULL BENCH COAL INDIA LIMITED AND ANOTHER — Appellant Vs. COMPETITION COMMISSION OF INDIA AND ANOTHER — Respondent ( Before : K.M. Joseph, B. V. Nagarathna…
In the absence of any credible eye witness to the incident and the fact that the presence of the accused appellants at the place of incident is not well established – Constrained to accord benefit of doubt to both the accused appellants – Conviction and sentence is set aside – Appeal allowed.
SUPREME COURT OF INDIA DIVISION BENCH MOHD. MUSLIM — Appellant Vs. STATE OF UTTAR PRADESH (NOW UTTARAKHAND) — Respondent ( Before : V. Ramasubramanian and Pankaj Mithal, JJ. ) Criminal…
A simple suit for partition cannot be binding on third parties – No party to a suit for partition, even by way of compromise, can acquire any title to any specific item of property or any particular portion of a specific property, if such a compromise is struck only with a few parties to the suit – Allegations of fraud require special pleadings in terms of Order 6 Rule 4 CPC.
SUPREME COURT OF INDIA DIVISION BENCH M/S TRINITY INFRAVENTURES LTD. & ORS. ETC. — Appellant Vs. M.S. MURTHY & ORS. ETC. — Respondent ( Before : V. Ramasubramanian and Pankaj…
Punjab Police Rules, 1934 – Rule 8.18 – Compulsory retirement – For a person in uniformed service, like the police, adverse entry relating to his/her integrity and conduct is to be adjudged by the superior authority(ies) who record and approve such entry –
SUPREME COURT OF INDIA DIVISION BENCH AISH MOHAMMAD — Appellant Vs. STATE OF HARYANA AND OTHERS — Respondent ( Before : Vikram Nath and Ahsanuddin Amanullah, JJ. ) Civil Appeal…
Beneficiaries they have already been extended benefit of promotion and notional fixation of their salary has also been made and, in case, there is any lacuna in fixation of their salary, the respondents would be free to point out, which will be duly addressed by the appellant(s) as per law.
SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. GHAMMAN SINGH — Respondent ( Before : Vikram Nath and Sanjay Kumar, JJ. ) Civil Appeal…