Supreme Court of India Judgements

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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.
C P C

Second Appeal—Reasoned Order—It is of no significance, whether the respondent has appeared at the time of final hearing of the appeal or not. – The High Court, in any case, has to proceed in accordance with the procedure prescribed under Section 100 while disposing of the appeal, whether in limine or at the final hearing stage.

Nov 3, 2018 sclaw

2018(3) Law Herald (SC) 1766 :2018 LawHerald.Org 1108 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R.K. Agrawal Hon’ble Mr. Justice Abhay Manohar Sapre Civil Appeal Nos. 9118-9119…

Acquittal

Murder—Unsoundness of mind—Duty of Police—In view of the previous history of insanity of the appellant, at the time of offence, it was the duty of police to subject the accused to a medical examination immediately and place the evidence before the court and if this is not done, it creates a serious infirmity in the prosecution case

Nov 3, 2018 sclaw

2018(3) Law Herald (SC) 1749 :2018 LawHerald.Org 1250 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice Navin Sinha Criminal Appeal No.814 of 2017…

Will & Succession

Registration—Admissibility of unregistered documents—Any document which is not registered as required under law, would be inadmissible in evidence and therefore, cannot be produced and proved. Succession—Joint family property—After partition, the property in the hands of the son will continue to be the ancestral property and the natural or adopted son of that son will take interest in it and is entitled to it by survivorship.

Nov 2, 2018 sclaw

2018(3) Law Herald (SC) 1741 :2018 LawHeraldLOrg 1249 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice S. Abdul Nazeer Civil Appeal No.…

I P C

Indian Penal Code, 1860, S.302, S.326 & S.34—Murder—Common Intention—Overt Act—Grievous Hurt—Acquittal – Except specifying that one assaulted the informant no other allegations are found against him—Ingredients of common intention on the part of the accused to do away with life of other two deceased are not forth coming from evidence on record—Appellant acquitted u/s 302 IPC but convicted w/s 326 IPC—Sentence reduced to already undergone.

Nov 2, 2018 sclaw

2018(3) Law Herald |SC) 1736 :2018 LawHerald.Org 1123 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice Mohan M. Shantanagoudar Criminal Appeal No.…

C P C

Injunction—Question of Title—Findings of title can be recorded in a suit for injunction if there are necessary and appropriate issues regarding question of title Second Appeal—Question of Title—High Court while dismissing the second appeal being devoid of merit was not justified in making an observation which has the potential of reopening the already settled issue of title in respect of the suit property—Such findings set aside

Nov 1, 2018 sclaw

2018(3) Law Herald (SC) 2337 : 2017 LawHerald.Org 1522 SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA — Appellant  Vs.  VIJAY KRISHNA UNIYAL (D) THROUGH L.RS. — Respondent ( Before : Kurian…

Limitation

Adverse Possession—Permissive possession over the property howsoever long never becomes adverse to the interest of real owner at any point of time Adverse Possession—The limitation of 12 years begins when the possession of the defendants would become adverse to that of the plaintiffs -Adverse Possession—Proof of—Tax receipt, Chaukidari receipt and Khatian extract—These documents at the most depict the possession of the defendants and not their adverse possession.                                

Nov 1, 2018 sclaw

2018(3) Law Herald (SC) 2316 : 2018 LawHerald.Org 1520 IN THE SUPREME COURT OF INDIA                                                                            Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice Mohan M. Shantanagoudar Civil Appeal…

C P C

Civil Procedure Code, 1908, S, 100-Second Appeal-Substantial Question of law-High Court also failed to see that the issue of resjudicata and the issue of ownership were independent issues and the decision on one would not have answered the other one—In other words, both the issues had to be examined independent of each other on their respective merits—It was, however, possible only after framing of substantial questions on both the issues as provided under Section 100(4) and (5) of the Code—This was, however, not done in this case-Case remanded back

Nov 1, 2018 sclaw

2018(3) Law Herald (SC) 2311 : 2018 LawHerald.Org 1519     SUPREME COURT OF INDIA DIVISION BENCH NARAYANA GRAMANI — Appellant Vs. MARIAMMAL — Respondent ( Before : Abhay Manohar Sapre and…

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