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Criminal Procedure Code, 1973 (CrPC) — Sections 451 & 457 — Release of Seized Property — Trial Court rejecting release application for iron ore on grounds of applicant’s failure to substantiate ownership — High Court setting aside trial court’s order without examining correctness of its finding on ownership — High Court should have either agreed with trial court’s finding on ownership or recorded reasons for disagreeing — Failure to do so warrants interference and remand. Evidence Act, 1872 — Section 50 — Opinion as to relationship, when relevant — Opinion expressed by conduct of person with special knowledge on relationship is relevant — Essentials are court’s opinion, expression through conduct, and person having special knowledge — Conduct alone is not proof but an intermediate step to infer opinion — Opinion must be proved by direct evidence — Court needs to weigh evidence to form its own conclusion; Trial Court erred in treating opinion of witnesses as fact rather than evidence to be weighed and failed to independently assess credibility. Criminal Procedure Code, 1973 — Bail — Anticipatory Bail — Supreme Court granted leave to appeal against High Court’s rejection of bail in anticipation of arrest — Custodial interrogation not required — Appellant may be admitted to bail in anticipation of arrest upon arrest, subject to terms and conditions fixed by the trial court — Appellant directed not to dissuade witnesses from disclosing facts to authorities. Criminal Procedure Code, 1973 (CrPC) — Section 366 — Death Sentence Reference — Sentencing Procedure — Conviction and death penalty were pronounced on the same day without a proper inquiry into aggravating and mitigating circumstances, psychological evaluation, or jail conduct report. This haste violated established sentencing principles and vitiated the death sentence. Army Act, 1950 — Sections 63 and 69 — Possession of ammunition — Substitution of conviction — Tribunal can substitute conviction from a civil offence (Section 69) to an act prejudicial to good order and discipline (Section 63) if evidence supports the latter and the original court-martial could have lawfully found the accused guilty of the substituted offence.

Murder – Bail – Cancellation of – As per the settled position of law, gravity and seriousness of the offence is a relevant consideration for the purpose of grant of bail – Role attributed to accused is catching hold of the deceased and the main role of causing injuries to the deceased is assigned to the co accused – Appeal allowed.

SUPREME COURT OF INDIA DIVISON BENCH NITU KUMAR — Appellant Vs. GULVEER AND ANOTHER — Respondent ( Before : M.R. Shah and Krishna Murari, JJ. ) Criminal Appeal No. 1547…

(CPC) – Order 1 Rule 10 – Impleadment as party – Unless the court suo motu directs to join any other person not party to the suit for effective decree and/or for proper adjudication as per Order 1 Rule 10 CPC, nobody can be permitted to be impleaded as defendants against the wish of the plaintiffs.

SUPREME COURT OF INDIA DIVISON BENCH SUDHAMAYEE PATTNAIK AND OTHERS — Appellant Vs. BIBHU PRASAD SAHOO AND OTHERS — Respondent ( Before : M.R. Shah and Krishna Murari, JJ. )…

HELD we do not find that there was any fault, shortcoming or inadequacy in the quality, nature and manner of the performance on the terms and conditions on which allotment of the said apartment was offered to the appellants. Therefore, the appellants were not entitled to claim the refund of the consideration paid

SUPREME COURT OF INDIA DIVISON BENCH SUDHA AND OTHERS — Appellant Vs. JAIPRAKASH ASSOCIATES LIMITED — Respondent ( Before : Surya Kant and Abhay S. Oka, JJ. ) Civil Appeal…

Cr P C Section 406 – ‘Whether the criminal cases pending before different Trial Courts in four States can be transferred to one Trial Court in one State?; Whether transfer of case of one of the criminal case which is at the final stage of trial before concerned Court in Nagpur, can be directed to be transferred at such belated stage?’ HELD that to meet the ends of justice and fair trial, the transfer petitions deserve to be allowed.

SUPREME COURT OF INDIA SINGLE BENCH KETAN KANTILAL SETH — Appellant Vs. STATE OF GUJARAT AND OTHERS — Respondent ( Before : J.K. Maheshwari, J. ) Transfer Petition (Criminal) Nos.…

Medical negligence – Reduction of compensation – Wrong diagnosis and wrong treatment, which led to rashes on the body of the complainant-girl – so as to do the substantial justice to the complainant – If the amount of compensation is enhanced to a total sum of Rs. 4 lakhs (instead of Rs. 1 lakh awarded by the District Forum), the same shall meet the ends of justice.

SUPREME COURT OF INDIA DIVISON BENCH CHANDIGARH NURSING HOME AND ANOTHER — Appellant Vs. SUKHDEEP KAUR — Respondent ( Before : M.R. Shah and Krishna Murari, JJ. ) Civil Appeal…

Cancellation of bail – Grounds on which the said co-­accused was released on bail and the grounds on which the present respondent is released on bail are same – Once the bail in favour of co­-accused has been cancelled by this Court, the bail in the present case also requires to be cancelled – Bail cancelled.

SUPREME COURT OF INDIA DIVISON BENCH JOSEPH JOHNSON N. MAITHKURI — Appellant Vs. SUBRAHMANYA AND ANOTHER — Respondent ( Before : M.R. Shah and Krishna Murari, JJ. ) Criminal Appeal…

Constitution of India, 1950 – Article 136 – Juvenile Justice (Care and Protection of Children) Act, 2000 – Section 7A – Plea of juvenility could be raised in any court, at any stage even after the final disposal of the Special Leave Petition under Article 136 of the Constitution. If two views possible on evidence then view holding accused to be juvenile be favoured in borderline cases.

SUPREME COURT OF INDIA DIVISON BENCH VINOD KATARA — Appellant Vs. STATE OF UTTAR PRADESH — Respondent ( Before : Dinesh Maheshwari and J.B. Pardiwala, JJ. ) Writ Petition (Criminal)…

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