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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.
Cr P C

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.

Oct 12, 2025 sclaw
Evidence Act

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.

Oct 12, 2025 sclaw
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.
Cr P C
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.
Evidence Act
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.
Anticipatory Bail Corruption
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.
Cr P C
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.
Constitution

Rent–Enhancement of –Enhanced rent was neither arbitrary nor unreasonable as matter purely contractual and the appellants voluntarily entered into the lease/licence with the respondents–Appellants not entitled to seek redress under Article 226 of the Constitution for any breach of the covenants contained in the lease agreements.

Nov 11, 2018 sclaw

2010(1) LAW HERALD (SC) 190 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Surinder Singh Nijjar Civil Appeal No. 5158 Of…

Cheque Dishonour

Negotiable Instruments Act, Section 138–Dishonour of the cheque–Sentence–Appellant facing criminal prosecution for the last 7 years–Appellant a petty businessman–He paid the hefty amount of compensation as a penalty for dishonour of the cheque issued by him.–No material placed on the record to indicate that the appellant had earlier committed any such or similar offence–Substantive sentence of imprisonment, set aside–Sentence of  fine of Rs.1,000/- maintained and imposition of compensation in the sum of Rs.35,000/- also maintained.  

Nov 11, 2018 sclaw

2010(1) LAW HERALD (SC) 188 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Surinder Singh Nijjar Criminal Appeal No. 2337 Of…

I P C

– Indian Penal Code, 1860, Section 302, 307, 109, 120-B/34–Maharashtra Control of Organized Crime Act, 1999, Section 3(1) read 2(e), 3(2) read with Section 120-B–Arms Act, Section 3 & 7, Section 25(1A), 25(1B)–Murder–Death sentence–Rarest of rare case-If a person is sentenced to imprisonment, even if it be for life, and subsequently it is found that he was innocent and was wrongly convicted, he can be set free. Of course, the imprisonment that he has suffered till then cannot be undone and the time he has spent in the prison cannot be given back. Such a reversal is not possible where a person has been wrongly convicted and sentenced to death. The execution of the sentence of death in such cases makes miscarriage of justice irrevocable. It is a finality which cannot be corrected.

Nov 11, 2018 sclaw

2010(1) LAW HERALD (SC) 153 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Mukundakam Sharma Criminal Appeal Nos. 85-86 of 2006…

Murder

Forensic– Gun Shot Injury–Cartridge of .303 bore can be fired from .315 bore weapon–High Court, therefore, conscious of the fact that in an appeal against acquittal, interference should be minimal and that too in case of perversity of the judgment of the trial Court, held that the finding were indeed perverse and accordingly reversed the judgment of acquittal–Appeal dismissed

Nov 11, 2018 sclaw

2010(1) LAW HERALD (SC) 150 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Harjit Singh Bedi The Hon’ble Mr. Justice T.S. Thakur Criminal Appeal No. 1037 of…

Service Matters
Service

General Clauses Act, S.10–ServiceLaw–Computation of time– Medical Certificate–Last Date of Submission–Appellant did not obtain the medical certificate on 14th April as being a gazetted holiday & the previous days were also holidays–His application should have been considered on merit.

Nov 11, 2018 sclaw

2010(1) LAW HERALD (SC) 147 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.S. Singhvi The Hon’ble Mr. Justice Asok Kumar Ganguly Civil Appeal No. 8200 of…

C P C

Withdrawal of Suit–Trial court dismissed the suit for partition as withdrawn–In terms of order XXIII Rule 1 of the Code of Civil Procedure, it is the privilege of the plaintiff alone to withdraw the plaint at any stage of the proceedings and the appellant being only one of the defendants having played the fraud in getting the suit dismissed as withdrawn, has no locus to object to the restoration of the suit.

Nov 11, 2018 sclaw

2010(1) LAW HERALD (SC) 143 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice B. Sudershan Reddy The Hon’ble Mr. Justice J.M. Panchal Civil Appeal No. 8407 of…

Land Acquisition

Land Acquisition Act, 1894, Section 11A & 6–Land Acquisition–Objections–Notification and the declaration of the acquisition proceedings challenged after the expiry of the period of 2 years–Interim order was passed for four weeks, the same interim order was made final until further orders–Cannot be said that the acquisition proceedings had lapsed due to expiry of two years from the date of publication of the declaration under Section 6 of the Act relating to the acquired lands–Two years from the date of declaration must be computed after excluding the period when parties had approached the court and obtained interim stay of such acquisition notices

Nov 11, 2018 sclaw

2010(1) LAW HERALD (SC) 137 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Surinder Singh Nijjar Civil Appeal No. 8235 of…

Service Matters
Service

Central Civil Services Rules, 1965, Rule 10, Sub-rule 6 and 7–Suspension–Delay in reviewing suspension order–suspension of the respondent not extended–Central Administrative Tribunal quashed the suspension order of the respondent as became invalid on the expiry of 90 days from the date of suspension–High Court affirmed the orders of the Tribunal–Appeal–Held, that after the operation of Sub-rule 6 of Rule 10, since the review not been conducted within 90 days from the date of suspension, it became invalid after 90 days as neither was there any review nor extension within the said period

Nov 11, 2018 sclaw

2010(1) LAW HERALD (SC) 130 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Markandey Katju Special Leave Petition (Civil) No. 6661…

Cr P C

Indian Penal Code, 1860, S. 45 and 47–Criminal Procedure Code, 1973, S. 432, 433 and 433A–Premature release–Restriction on powers of remission or commutation in certain cases–A convict awarded life sentence has to undergo imprisonment for at least 14 years–While Sections 432 and 433 empowers the appropriate Government to suspend, remit or commute sentences, including a sentence of death and life imprisonment, a fetter has been imposed by the legislature on such powers by the introduction of Section 433A into the Code of Criminal Procedure by the Amending Act of 1978, which came into effect on and from 18th December, 1978–By virtue of the non-obstante clause used in Section 433A, the minimum term of imprisonment in respect of an offence where death is one of the punishments provided by laws or where a death sentence has been commuted to life sentence, has been prescribed as 14 years.  

Nov 11, 2018 sclaw

2010(1) LAW HERALD (SC) 125 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Dr. Justice B.S. Chauhan Special Leave Petition (Criminal) No. 4614…

You missed

Cr P C

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.

Oct 12, 2025 sclaw
Evidence Act

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.

Oct 12, 2025 sclaw
Anticipatory Bail Corruption

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.

Oct 12, 2025 sclaw
Cr P C

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.

Oct 12, 2025 sclaw