Criminal Procedure Code, 1973, S.362~Recalling of Order-However patently erroneous the earlier order be, it can only be corrected in the process known to law and not under Section 362 Cr.P.C.-The whole purpose of Section 362 Cr.P.C. is only to correct a clerical or arithmetical error.
2018(3) Law Herald (SC) 1902 : 2018 LawHerald.Org 1401 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Kurian Joseph Hon’ble Mr. Justice Sanjay Kishan Kaul Criminal Appeal No(S).…
Corruption—Acceptance of Bribe—Recovery of tainted money from accused—Where accused fails to offer any satisfactory explanation about recovery of pointed money from him, it will be presumed that he has accepted the bribe
2018(3) Law Herald (SC) 1895 SUPREME COURT OF INDIA DIVISION BENCH STATE OF GUJARAT — Appellant Vs. NAVINBHAI CHANDRAKANT JOSHI — Respondent ( Before : Ranjan Gogoi and R. Banumathi, JJ. )…
Lynching—Police directed to register FIR against persons who spread irresponsible and explore message and videos on various social media platforms having content which is likely to incite mob violence and lynching of any kind. Lynching—Mob-violence—Parliament recommended to create a separate offence for lynching and provide adequate punishment for the same—Certain other directions also issued.
2018 (3) Law Herald (SC) 1873 SUPREME COURT OF INDIA FULL BENCH TEHSEEN S. POONAWALLA — Appellant Vs. UNION OF INDIA — Respondent ( Before : Dipak Misra, CJI., A.M. Khanwilkar…
Section 498- A, Judgement ” In the aforesaid analysis, while declaring the directions pertaining to Family Welfare Committee and its constitution by the District Legal Services Authority and the power conferred on the Committee is impermissible. Therefore, we think it appropriate to direct that the investigating officers be careful and be guided by the principles stated in Joginder Kumar (supra), D.K. Basu (supra), Lalita Kumari (supra) and Arnesh Kumar (supra). It will also be appropriate to direct the Director General of Police of each State to ensure that investigating officers who are in charge of investigation of cases of offences under Section 498-A IPC should be imparted rigorous training with regard to the principles stated by this Court relating to arrest. In view of the aforesaid premises, the direction contained in paragraph 19(i) as a whole is not in accord with the statutory framework and the direction issued in paragraph 19(ii) shall be read in conjunction with the direction given hereinabove. Direction No. 19(iii) is modified to the extent that if a settlement is arrived at, the parties can approach the High Court under Section 482 of the Code of Criminal Procedure and the High Court, keeping in view the law laid down in Gian Singh (supra), shall dispose of the same. As far as direction Nos. 19(iv), 19(v) and 19(vi) and 19(vii) are concerned, they shall be governed by what we have stated in paragraph 35.
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. 73 OF 2015 Social Action Forum for Manav Adhikar …Petitioner(s) and another…
Narcotics—Personal Search—Accused posed faith in raiding party and gave written consent for being searched by raiding party—Held; this does not satisfy the requirement ofS.50 NDPS Act—Accused acquitted. Narcotics–Personal Search—Search before Magistrate or Gazetted officer is mandatory requirement and strict compliance thereof is mandated.
2018(2) Law Herald (P&H) 1617 (SC) : 2018 LawHerald.Org 925 SUPREME COURT OF INDIA DIVISION BENCH ARIF KHAN @ AGHA KHAN — Appellant Vs. STATE OF UTTARAKHAND — Respondent ( Before : R.K. Agrawal…
Service law—Appointment—Police Service—Scrapping of Limited Competitive Examination(LCE)–Plea of promissory estoppel—Held; principle of promissory estoppel can only be invoked by a person who has changed his position to his detriment on the basis of the promise held out to him
2018(1) Law Herald (SC) 777 : 2018 LawHerald.Org 1054 : (2018) AIR(SC) 1965 : (2018) 4 JT 290 : (2018) 6 SCALE 29 SUPREME COURT OF INDIA FULL BENCH CDR. M. RAMESH —…
Industrial Disputes—Ex parts Award—Tribunal can set aside its exparte award even after 30 days of its publication. Exparte Award—Setting aside of—Merely because an award has become enforceable, does not necessarily mean that it has become binding.
(2018) 7 SCALE 706 2018(2) Law Herald (SC) 764 : 2018 LawHerald.Org 1025 SUPREME COURT OF INDIA FULL BENCH M/S. HARYANA SURAJ MALTING LTD. — Appellant Vs. PHOOL CHAND — Respondent ( Before…
Arbitrator—Appointment of—If a clause stipulates that under certain circumstances there can be no arbitration, and they are demonstrably clear then the appointment of arbitrator cannot be made.
2018(2) Law Herald (SC) 754 : 2018 LawHerald.Org 1024 SUPREME COURT OF INDIA FULL BENCH ORIENTAL INSURANCE COMPANY LIMITED — Appellant Vs. M/S NARBHERAM POWER AND STEEL PVT. LTD. — Respondent ( Before : Dipak…
Constitution of India, 1950, Article 141-Precedent-Judgments are not legislations, they have to be. read in the context and background discussions. Police Diary—Absence of entries in the General Diary concerning the preliminary enquiry would not be per se illegal or fatal to prosecution.
(2018) 5 JT 387 : (2018) 7 SCALE 6492018(2) Law Herald (SC) 746 : 2018 LawHerald.Org 1023 SUPREME COURT OF INDIA DIVISION BENCH STATE BY LOKAYUKTHA POLICE — Appellant Vs. H. SRINIVAS —…
Abetment to Suicide—Merely because superior officer had assigned heavy duty due to urgent need or demand of work and the situation may call for certain action including stopping of salary does not amount to guilty mind or criminal intent— Accused acquitted.
(2018) 5 JT 243 : (2018) 7 SCALE 602 2018(2) Law Herald (SC) 743 : 2018 LawHerald.Org 1022 SUPREME COURT OF INDIA DIVISION BENCH VAIJNATH KONDIBA KHANDKE — Appellant Vs. STATE OF…