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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.

“….no compulsion for the plaintiff to, at the stage of filing the suit, prove or establish the claim that the suit lands were revenue paying and the details of such revenue paid. Once it is conceded that the value of the land [per explanation to Section 7 (iv-A)] is to be determined according to either sub clauses (v), (va) or (vb) of the Act, this meant that the concept of “market value” – a wider concept in other contexts, was deemed to be referrable to one or other modes of determining the value under sub clauses (v), (va) or (vb) of Section 7 (iv-A)…”

SUPREME COURT OF INDIA FULL BENCH AGRA DIOCESAN TRUST ASSOCIATION — Appellant Vs. ANIL DAVID AND OTHER — Respondent ( Before : Arun Mishra, M. R. Shah and S. Ravindra…

Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 – Sections 3, 6(19), 34 and 108 – Specific endowment – Deed of Settlement does create a “specific endowment” HELD In view of Section 108, no suit or legal proceedings in respect of the administration or management of a religious institution or any other matter for determining or deciding which provision is made in the Act shall be instituted in a civil court

SUPREME COURT OF INDIA DIVISION BENCH THE IDOL OF SRI RENGANATHASWAMY REPRESENTED BY ITS EXECUTIVE OFFICER, JOINT COMMISSIONER — Appellant Vs. P K THOPPULAN CHETTIAR, RAMANUJA KOODAM ANANDHANA TRUST, REP.…

Rajasthan Pre-emption Act 1966 – Sections 5(1)(c), 6, 6(1)(ii) and 6(3) – Civil Procedure Code, 1908 (CPC) – Section 100 – Right of pre-emption – Whether a right of pre-emption was available to plaintiff who is alleged to be a joint owner in possession of the disputed courtyard. HELD plaintiff had a superior right of pre-emption by virtue of the provisions of Section 6(3) since he was the brother of the second defendant – First defendant has an inferior right of pre-emption as compared to plaintiff – Hence his claim cannot prevail over the superior right of pre-emption of plaintiff

SUPREME COURT OF INDIA DIVISION BENCH SURESH CHAND AND ANOTHER — Appellant Vs. SURESH CHANDER (DEAD) THROUGH LRS AND OTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and…

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