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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.
Service Matters

HELD Considering the fact that it can be said to be a case of loss of confidence in the employee by the Bank – It just and proper to substitute the punishment from that of removal of service to that of compulsory retirement – Appellant shall be entitled to all the benefits which may be available to him by converting the punishment from that of removal of service to that of compulsory retirement – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH UMESH KUMAR PAHWA — Appellant Vs. THE BOARD OF DIRECTORS UTTARAKHAND GRAMIN BANK AND OTHERS — Respondent ( Before : M.R. Shah and B.V.…

Reinstatement of woman Additional District Judge, who complained of sexual harassment against the judge of the Madhya Pradesh High Court and resigned in 2014 – Petitioner’s resignation from the post of Additional District & Sessions Judge, Gwalior dated 15th July 2014, cannot be construed to be voluntary – directed to re­instate the petitioner forthwith as an Additional District & Sessions Judge

SUPREME COURT OF INDIA DIVISION BENCH MS. X — Appellant Vs. REGISTRAR GENERAL, HIGH COURT OF MADHYA PRADESH AND ANOTHER — Respondent ( Before : L. Nageswara Rao and B.R.…

Multiplier – Since the deceased was 54 years of age on the date of incident, therefore, the suitable multiplier would be 11 – Thus, the appellants are found entitled to compensation of Rs. 24,33,064/- with interest @ 9% from the date of filing of the claim application till realisation.

SUPREME COURT OF INDIA DIVISION BENCH R. VALLI AND OTHERS — Appellant Vs. TAMIL NADU STATE TRANSPORT CORPORATION LIMITED — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ.…

Land Acquisition Act, 1894 – Acquisition of land – Notification – Once the very acquisition and the notifications under Sections 4 and 6 were the subject matter of other proceedings pending before the High Court, in order to avoid any further conflicting orders HC not to decide appeals separately. Remanded

SUPREME COURT OF INDIA DIVISION BENCH M.P. HOUSING BOARD AND ANOTHER — Appellant Vs. SATISH KUMAR BATRA AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ.…

(CrPC) – Section 482 – Quashing of criminal proceedings – HELD not justified for the Court in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR or the complaint and that the inherent powers do not confer any arbitrary jurisdiction on the Court to act according to its whims and fancies

SUPREME COURT OF INDIA DIVISION BENCH SHAFIYA KHAN @ SHAKUNTALA PRAJAPATI — Appellant Vs. STATE OF U.P. AND ANOTHER — Respondent ( Before : Ajay Rastogi and Abhay S. Oka,…

Criminal Procedure Code, 1973 (CrPC) – Section 354(3) – Penal Code, 1860 (IPC) – Sections 376, 302 and 201 – Protection of Children from Sexual Offences Act, 2012 – Sections 5 and 6 – Rape and Murder of a seven-year-old girl – Death Sentence – unblemished jail conduct and having a family of wife, children and aged father would also indicate towards the probability of his reformation – It would be just and proper to award the punishment of imprisonment for life to the appellant for the offence under Section 302 IPC while providing for actual imprisonment for a minimum period of 30 years –

SUPREME COURT OF INDIA FULL BENCH PAPPU — Appellant Vs. THE STATE OF UTTAR PRADESH — Respondent ( Before : A.M. Khanwilkar, Dinesh Maheshwari and C.T. Ravikumar, JJ. ) Criminal…

Rejection of plaint – A party to a consent decree based on a compromise to challenge the compromise decree on the ground that the decree was not lawful i.e., it was void or voidable has to approach the same court, which recorded the compromise and a separate suit challenging the consent decree has been held to be not maintainable

SUPREME COURT OF INDIA DIVISION BENCH M/S. SREE SURYA DEVELOPERS AND PROMOTERS — Appellant Vs. N. SAILESH PRASAD AND OTHERS — Respondent ( Before : M.R. Shah and Sanjiv Khanna,…

HELD respondent-CBI is relying upon statements of 5 witnesses recorded under Section 164 of CrPC – Statements of the first two witnesses were recorded on 7th September 2021 and 11th November 2021 respectively. But the appellant was not named in both the charge sheets filed thereafter – Bail granted with conditions.

SUPREME COURT OF INDIA DIVISION BENCH SK. SUPIYAN @ SUFFIYAN @ SUPISAN — Appellant Vs. THE CENTRAL BUREAU OF INVESTIGATION — Respondent ( Before : L. Nageswara Rao and Abhay…

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