A large number of family members are shown in the FIR by casually mentioning their names and the contents do not disclose their active involvement, as such, taking cognizance of the matter against them was not justified – No external injuries noticed in the postmortem certificate, except the single ante-mortem injury i.e. ligature mark around the neck, and the cause of death is shown as asphyxia – No specific allegations disclosing the involvement of the appellants to prosecute them for the offences alleged – Chargesheet quashed – Appeal allowed.
SUPREME COURT OF INDIA DIVISION BENCH MIRZA IQBAL @ GOLU AND ANOTHER — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : R. Subhash Reddy and…
Contempt of Courts Act, 1971 – Section 12 – Contempt of Courts – Violation of Court’s directions – A decree obtained under Land Acquisition Act, is an executable decree and no contempt can be maintained for non-compliance of such decree – Weapon of contempt is not to be used in abundance or misused – inasmuch as contempt is between contemner and the court.
SUPREME COURT OF INDIA DIVISION BENCH M/S. SOORAJMULL NAGARMULL — Appellant Vs. SRI BRIJESH MEHROTRA AND OTHERS — Respondent ( Before : R. Subhash Reddy and Hrishikesh Roy, JJ. )…
Karnataka Agricultural Produce Marketing (Regulation and Development) Act of 1966 – Sections 65 and Section 65(2-A) – Market fee – Liability – Merely imports notified agricultural produce from outside the State for the purpose of cleaning and processing without selling the processed produce within the market area is not liable to pay market fee.
SUPREME COURT OF INDIA DIVISION BENCH APMC YASHWANTHAPURA THROUGH ITS SECRETARY — Appellant Vs. M/S. SELVA FOODS THROUGH ITS MANAGING PARTNER — Respondent ( Before : R. Subhash Reddy and…
Arbitration and Conciliation Act, 1996 – Sections 34 and 37 – Setting aside of arbitral award – Contract maintenance of road for a length of 31.17 kilometres – Award passed by the Arbitrator awarding the amount/compensation at Rs.45,000/ per km per month up to January, 2008 under claim Nos.1 and 8 is hereby confirmed – Award passed by the Arbitrator awarding the amount/compensation at Rs.45,000/ per km per month from February, 2008 to 31.05.2010 i.e. till the end of the contract is hereby quashed and set aside – Appeal partly allowed.
SUPREME COURT OF INDIA DIVISION BENCH STATE OF HARYANA — Appellant Vs. M/S. SHIV SHANKAR CONSTRUCTION CO. AND ANOTHER — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ.…
Char Dham highway – In exercise of judicial review, cannot second-guess the infrastructural needs of the Armed Forces – Need of the Army will be sub-served better by disaster resistant roads of a smaller dimension – Submission of the appellants requires the Court to override the modalities decided upon by the Army and the MoD to safeguard the security of the nation’s borders -Submission of the appellants requires the Court to interrogate the policy choice of the establishment which is entrusted by law with the defence of the nation – This is impermissible – Application Allowed.
SUPREME COURT OF INDIA FULL BENCH CITIZENS FOR GREEN DOON AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Surya…
Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 – Section 6(1) – Notice of forfeiture – Section 6(1) of the 1976 Act nowhere provides that it is “mandatory” to serve the convict or detenu with a primary notice under that provision whilst initiating action against the relative of the convict –
SUPREME COURT OF INDIA DIVISION BENCH THE INCOME TAX OFFICER, CIRCLE I (2), KUMBAKONAM AND ANOTHER — Appellant Vs. V. MOHAN AND ANOTHER — Respondent ( Before : A.M. Khanwilkar…
Agreement to sell – Joint Hindu Family Property – Agreement to sell cannot be set aside on the ground of absence of legal necessity – whether the alienation was in need for legal necessity as enumeration on what would be legal necessity is unpredictable and would depend upon facts of each case.
SUPREME COURT OF INDIA DIVISION BENCH BEEREDDY DASARATHARAMI REDDY — Appellant Vs. V. MANJUNATH AND ANOTHER — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ. ) Civil Appeal…
NDPS BAIL – In the absence of any clarity so far on the quantitative analysis of the samples, the prosecution cannot be heard to state at this preliminary stage that the petitioners have been found to be in possession of commercial quantity of psychotropic substances as contemplated under the NDPS Act – Bail granted.
SUPREME COURT OF INDIA FULL BENCH BHARAT CHAUDHARY — Appellant Vs. UNION OF INDIA — Respondent ( Before : N.V. Ramana, CJI, Surya Kant and Hima Kohli, JJ. ) Petition…
(IPC) – Sections 391, 395 and 397 – Robbery, or dacoity, with attempt to cause death or grievous hurt – Mere acquittal of some of the accused on the same evidence by itself does not lead to a conclusion that all deserve to be acquitted in case appropriate reasons have been given on appreciation of evidence both in regard to acquittal and conviction of the accused
(2021) 13 SCALE 284 SUPREME COURT OF INDIA DIVISION BENCH GANESAN AND OTHER — Appellant Vs. STATE REP. BY STATION HOUSE OFFICER AND OTHER — Respondent ( Before : Dr.…
Waqf Act, 1995 – Sections 83 and 85 – Suit for permanent injunction – Bar of jurisdiction of civil court – to say that the Tribunal will have jurisdiction only if the subject property is disputed to be a waqf property and not if it is admitted to be a waqf property, is indigestible in the teeth of Section 83(1) – Therefore, to allow the plaintiff to ignore the Waqf Tribunal and to seek a decree of permanent injunction and mandatory injunction from a civil court, would be ignore the mandate of section 83 and 85
(2021) 13 SCALE 168 SUPREME COURT OF INDIA DIVISION BENCH RASHID WALI BEG — Appellant Vs. FARID PINDARI AND OTHERS — Respondent ( Before : Hemant Gupta and V. Ramasubramanian,…