Supreme Court of India Judgements

May 30, 2025 11:35 am

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Invocation of Gangster Act requires clear satisfaction of definition essentialities and strict adherence to mandatory procedural rules for gang-chart approval. Criminal proceedings for rape based on promise to marry are quashed when relationship is consensual, allegations are improbable, and proceedings are an abuse of process. Consumerism, intrinsically linked to constitutional principles of justice, equality, and welfare, necessitates a robust and permanent adjudicatory framework with secure tenure for members, ensuring effective redressal and public trust. Enforcement of highway safety and encroachment removal under the 2002 Act necessitates establishing effective inspection teams, grievance redressal mechanisms, and surveillance, requiring a continuing mandamus. Air Force Schools, under pervasive IAF control, performing public duty of education with public funding elements, are amenable to writ jurisdiction under Article 226.

State Laws

Invocation of Gangster Act requires clear satisfaction of definition essentialities and strict adherence to mandatory procedural rules for gang-chart approval.

May 28, 2025 sclaw

Cr P C I P C

Criminal proceedings for rape based on promise to marry are quashed when relationship is consensual, allegations are improbable, and proceedings are an abuse of process.

May 28, 2025 sclaw

State Laws

Invocation of Gangster Act requires clear satisfaction of definition essentialities and strict adherence to mandatory procedural rules for gang-chart approval.

May 28, 2025 sclaw

Cr P C I P C

Criminal proceedings for rape based on promise to marry are quashed when relationship is consensual, allegations are improbable, and proceedings are an abuse of process.

May 28, 2025 sclaw

Consumer

Consumerism, intrinsically linked to constitutional principles of justice, equality, and welfare, necessitates a robust and permanent adjudicatory framework with secure tenure for members, ensuring effective redressal and public trust.

May 25, 2025 sclaw

Constitution National Highways Authority Act

Enforcement of highway safety and encroachment removal under the 2002 Act necessitates establishing effective inspection teams, grievance redressal mechanisms, and surveillance, requiring a continuing mandamus.

May 25, 2025 sclaw

Constitution

Air Force Schools, under pervasive IAF control, performing public duty of education with public funding elements, are amenable to writ jurisdiction under Article 226.

May 25, 2025 sclaw

State Laws

Invocation of Gangster Act requires clear satisfaction of definition essentialities and strict adherence to mandatory procedural rules for gang-chart approval.

Cr P C I P C

Criminal proceedings for rape based on promise to marry are quashed when relationship is consensual, allegations are improbable, and proceedings are an abuse of process.

Consumer

Consumerism, intrinsically linked to constitutional principles of justice, equality, and welfare, necessitates a robust and permanent adjudicatory framework with secure tenure for members, ensuring effective redressal and public trust.

Constitution National Highways Authority Act

Enforcement of highway safety and encroachment removal under the 2002 Act necessitates establishing effective inspection teams, grievance redressal mechanisms, and surveillance, requiring a continuing mandamus.

Service

Army Rules, 1954 – Rule 13(3)(III)(v) – Discharge from service – Offences for which the red ink entries are awarded, cannot be said to be such gross misconduct which would make the appellant indiscipline and liable to be discharged from service and that too, after a period of long service rendered by him – Order of discharge is wholly unjustified and not sustainable at law – Appeal allowed.

Acquittal

(IPC) – Section 409 – Criminal breach of trust by public servant, or by banker, merchant or agent -‘criminal breach of trust’ is defined under Section 405 IPC which provides, inter alia, that whoever being in any manner entrusted with property or with any dominion over a property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property contrary to law, or in violation of any law prescribing the mode in which such trust is to be discharged, or contravenes any legal contract, express or implied, etc. shall be held to have committed criminal breach of trust

Consumer

Consumer Protection Act, 1986 – Section 2(d)(ii) – Deficiency in service – Any loss arising out of inaction and negligence on the part of the Bank, such deficiency is compensable under the provisions of the Consumer Protection Act, 1986

Service

Termination–Reservation–In advertisement, authorities failed to mention in regard to reservation for handicapped person at the outset–Appellants who were handicapped person were appointed–On Contempt petition State cancelled the selection and terminated the service–Service restored with backwages.

State Laws

Invocation of Gangster Act requires clear satisfaction of definition essentialities and strict adherence to mandatory procedural rules for gang-chart approval.

Cr P C I P C

Criminal proceedings for rape based on promise to marry are quashed when relationship is consensual, allegations are improbable, and proceedings are an abuse of process.

Consumer

Consumerism, intrinsically linked to constitutional principles of justice, equality, and welfare, necessitates a robust and permanent adjudicatory framework with secure tenure for members, ensuring effective redressal and public trust.

Constitution National Highways Authority Act

Enforcement of highway safety and encroachment removal under the 2002 Act necessitates establishing effective inspection teams, grievance redressal mechanisms, and surveillance, requiring a continuing mandamus.

Bail Granted

Anticipatory Bail — Murder — Father of deceased had sworn affidavit that death was natural-Police has started investigation on basis of an anonymous letter that appellant had extra material affair and had took advantage of his profession-Held; appellant has already joined investigation-High Court ought to have granted anticipatory bail in view of statement of father of deceased-Ordered accordingly-Criminal Procedure Code, 1973, S.438.

Aug 10, 2018 sclaw

(2017) 99 ACrC 699 : (2017) 173 AIC 271 : (2017) 2 AICLR 360 : (2017) AIR(SCW) 1439 : (2017) AIR(SC) 1439 : (2017) ALLMR(Cri) 2210 : (2017) 1 BBCJ…

I P C

Indian Penal Code, 1860, S.307–Attempt to Murder–Non-examination of investigating officer—Since the evidence of eye witnesses has remained unimpeached, and as there are no major contradictions or omissions in the evidence of these witnesses, the non-examination of the Investigating Officer by the prosecution may not tilt the balance in favour of the defence

Aug 10, 2018 sclaw

(2017) 99 ACrC 901 : (2017) 174 AIC 76 : (2017) 2 AICLR 356 : (2017) AIR(SCW) 1400 : (2017) 4 AIRJharR 95 : (2017) AIR(SC) 1400 : (2017) 1…

Murder

Murder–Non-examination of witness-Witnesses have vividly deposed about the genesis of the occurrence, the participation and involvement of the accused persons in the crime-Mere non-examination of the witnesses, who might have been there on the way to hospital or the hospital itself when deceased narrated the incident, would not make the prosecution case unacceptable-Conviction upheld.

Aug 10, 2018 sclaw

(2017) 99 ACrC 976 : (2017) 174 AIC 244 : (2017) 3 AICLR 520 : (2017) AIR(SCW) 1121 : (2017) 2 AIRJharR 668 : (2017) AIR(SC) 1121 : (2017) 1…

Acquittal

Indian Penal Code, 1860, S.302–Murder–Abscondence–Acquittal-Mere fact that the two accused may have absconded immediately and the fact that false information may have been given about the whereabouts of the deceased are not enough to complete the chain of circumstances.

Aug 10, 2018 sclaw

(2017) 101 ACrC 926 : (2017) 177 AIC 198 : (2017) 2 AICLR 353 : (2017) AIR(SCW) 1327 : (2017) AIR(SC) 1327 : (2017) AllSCR(Crl) 1136 : (2017) 2 ALT(Crl)…

Constitution

Constitution of India, 1950, Article 21-Right to Fair Trial-Scope of–Held;(i) The right to fair trial is not singularly absolute, as is perceived, from the perspective of the accused—It takes in its ambit and sweep the right of the victim(s) and the society at large

Aug 10, 2018 sclaw

(2017) 99 ACrC 270 : (2017) 172 AIC 202 : (2017) 3 AICLR 573 : (2017) AIR(SCW) 1079 : (2017) 2 AIRBomR(Cri) 18 : (2017) AIR(SC) 1079 : (2017) AllSCR(Crl)…

Constitution

Money Laundering—Bail—Twin conditions imposed for grant of bail under 2002 Act are constitutionally invalid and S.45 of 2002 Act is struck down as a whole.

Aug 9, 2018 sclaw

(2018) 181 AIC 200 : (2017) AIR(SCW) 5500 : (2017) AIR(SC) 5500 : (2018) AllSCR(Crl) 158 : (2018) 1 BomCR(Cri) 508 : (2018) CriLJ 721 : (2017) CriLR 1207 :…

C P C

Civil Procedure Code, 1908, S.96 and O.41 R.31–First Appeal- Judgment of the appellate court shall state: the points for determination; the decision thereon; the reasons for the decision; and where the decree appealed from is reversed or varied, the relief to which the appellant is entitled.

Aug 9, 2018 sclaw

(2018) 181 AIC 1 : (2017) AIR(SCW) 5604 : (2018) 1 AirKarR 392 : (2017) AIR(SC) 5604 : (2018) 126 ALR 453 : (2018) 2 AndhLD 16 : (2018) 1…

Arbitration

Once the order of DRT and DRAT has become final and parties acted upon accordingly then action of court commissioner in approaching MSMEDF council for arbitration award is illegal and invalid-Impugned orders of MSMEDF council and of High Court upholding orders of council, set aside.

Aug 8, 2018 sclaw

(2018) 181 AIC 14 : (2018) AIR(SCW) 161 : (2018) AIR(SC) 161 : (2018) 126 ALR 463 : (2018) 1 BC 407 : (2018) 1 BCR 351 : (2017) 4 LawHerald(SC) 3200 : (2018)…

Service

Service Law—Appointment—Primacy of Consultation—Where a Selection Committee has been constituted, the consultation with other department is only a process of discussion which has to be taken into consideration while making recommendation by the Selection Committee—It cannot be said to have a primacy.

Aug 7, 2018 sclaw

(2017) AIR(SCW) 5599 : (2017) AIR(SC) 5599 : (2018) 1 ApexCourtJudgments(SC) 259 : (2017) 4 ESC 804 : (2018) 1 JCR 294 : (2017) 11 JT 429 : (2017) 4LawHerald(SC) 3193 : (2018)…

Service

Service Law—Selection-Minimum marks in viva-voce—Whether the introduction of the requirement of the minimum marks for interview, after the entire selection process (consisting of written examination and interview) was completed, would amount to changing the rules of the game after the game was played which is clearly impermissible—Matter referred to larger bench.

Aug 7, 2018 sclaw

(2017) 4 ESC 818 : (2018) 1 JCR 306 : (2017) 4 LawHerald(SC) 3191 : (2017) 13 Scale 483 : (2018) 1 SCC 239 : (2018) 1 SCC(L&S) 23 : (2017) 4 SCT 792…

You missed

State Laws

Invocation of Gangster Act requires clear satisfaction of definition essentialities and strict adherence to mandatory procedural rules for gang-chart approval.

May 28, 2025 sclaw

Cr P C I P C

Criminal proceedings for rape based on promise to marry are quashed when relationship is consensual, allegations are improbable, and proceedings are an abuse of process.

May 28, 2025 sclaw

Consumer

Consumerism, intrinsically linked to constitutional principles of justice, equality, and welfare, necessitates a robust and permanent adjudicatory framework with secure tenure for members, ensuring effective redressal and public trust.

May 25, 2025 sclaw

Constitution National Highways Authority Act

Enforcement of highway safety and encroachment removal under the 2002 Act necessitates establishing effective inspection teams, grievance redressal mechanisms, and surveillance, requiring a continuing mandamus.

May 25, 2025 sclaw