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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 – Common intention – Appeal against acquittal – Once it has been established and proved by the prosecution that all the accused came at the place of incident with a common intention to kill the deceased and as such, they shared the common intention, in that case it is immaterial whether any of the accused who shared the common intention had used any weapon or not and/or any of them caused any injury on the deceased or not – State appeal allowed

SUPREME COURT OF INDIA DIVISION BENCH STATE OF M.P. — Appellant Vs. RAMJI LAL SHARMA AND ANOTHER — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Criminal…

(CrPC) – Section 108, 109, 110, 111, 117 and 122 – On violation, recourse, specified under Section 122 Cr.P.C. is permissible – HELD authorities to take action for violation of peace and tranquility in public order by the citizens of the locality, otherwise, by following the procedure as prescribed, the action may be taken by the competent authority.

SUPREME COURT OF INDIA DIVISION BENCH  DEVADASSAN — Appellant Vs. THE SECOND CLASS EXECUTIVE MAGISTRATE, RAMANATHAPURAM AND OTHERS — Respondent ( Before : Indira Banerjee and J.K. Maheshwari, JJ. )…

Prevention of Cruelty to Animals Act, 1960 – Confiscation of the appellant’s truck when he is acquitted in the Criminal prosecution, amounts to arbitrary deprivation of his property and violates the right guaranteed to each person under Article 300A – Therefore, the  District Magistrate’s order of Confiscation (ignoring the Trial Court’s judgment of acquittal), is not only arbitrary but also inconsistent with the legal requirements

SUPREME COURT OF INDIA DIVISION BENCH ABDUL VAHAB — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : K.M. Joseph and Hrishikesh Roy, JJ. ) Criminal Appeal No.…

Contract Act, 1872 – Section 65 – Telecom Regulatory Authority of India Act, 1997 – Section 18 – Refund of Entry Fee – If the party claiming restitution was equally or more responsible for the illegality (in comparison to the defendant), there shall be no cause for restitution

SUPREME COURT OF INDIA FULL BENCH LOOP TELECOM AND TRADING LIMITED — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Surya Kant…

Service Matters

No order as to Claim of salary etc – This gives a clear indication that upon an order being passed by the appellate authority finding the termination of employee to be illegal and leaves it there, it would not ipso facto inevitably follow that the employee will become entitled to claim the salary for the entire period consequent upon his being found to be entitled to reinstatement.

SUPREME COURT OF INDIA DIVISION BENCH SUKHDARSHAN SINGH — Appellant Vs. THE STATE OF PUNJAB AND OTHERS — Respondent ( Before : K.M. Joseph and Hrishikesh Roy, JJ. ) Civil…

University Grants Commission Act, 1956 – Issuance of writ of quo warranto to set aside the appointment of Vice Chancellor – Therefore, any appointment as a Vice Chancellor contrary to the provisions of the UGC Regulations can be said to be in violation of the statutory provisions, warranting a writ of quo warranto – This is a fit case to issue a writ of quo warranto and to quash and set aside the appointment of Vice Chancellor.

SUPREME COURT OF INDIA DIVISION BENCH GAMBHIRDAN K GADHVI — Appellant Vs. THE STATE OF GUJARAT AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. )…

HELD instead of relegating the original applicants to approach the NCLT/Adjudicating Authority by moving an application under Section 12A of the IBC – This is a fit case to exercise powers under Article 142 of the Constitution of India as the settlement arrived at between the home buyers and the appellant and corporate debtor –company shall be in the larger interest of the home buyers

SUPREME COURT OF INDIA DIVISION BENCH AMIT KATYAL — Appellant Vs. MEERA AHUJA AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil Appeal No.…

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