Supreme Court of India Judgements

April 5, 2025 12:36 am

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In a case involving cross-FIRs (alleging offences u/s 294(b), 323, 506(1) IPC) arising from a dispute between two practicing advocates pending since 2017, the Supreme Court, in the exercise of its jurisdiction under Article 142 of the Constitution, quashed the FIR against the appellants and also quashed the connected proceedings Conviction under Section 302 requires proof of premeditation or intention to kill; absence of such elements may lead to reduced charges, such as under Section 304 IPC, with sentencing considerations potentially based on time already served Mere presence at a crime scene, without evidence of an overt act or specific role, is insufficient to convict an individual as a member of an unlawful assembly, especially in cases involving large crowds and public disturbances Limitation Act, 1963 — Section 5 — Extension of period of limitation in certain circumstances — Courts may liberally condone delays in appeals, especially by the State Criminal Procedure Code, 1973 (CrPC) — Section 154 — Registration of FIR — Mandatory under Section 154 of the CrPC if information discloses commission of a cognizable offense; no preliminary inquiry permissible in such cases.

Cr P C

In a case involving cross-FIRs (alleging offences u/s 294(b), 323, 506(1) IPC) arising from a dispute between two practicing advocates pending since 2017, the Supreme Court, in the exercise of its jurisdiction under Article 142 of the Constitution, quashed the FIR against the appellants and also quashed the connected proceedings

Mar 29, 2025 sclaw

I P C

Conviction under Section 302 requires proof of premeditation or intention to kill; absence of such elements may lead to reduced charges, such as under Section 304 IPC, with sentencing considerations potentially based on time already served

Mar 25, 2025 sclaw

Cr P C

In a case involving cross-FIRs (alleging offences u/s 294(b), 323, 506(1) IPC) arising from a dispute between two practicing advocates pending since 2017, the Supreme Court, in the exercise of its jurisdiction under Article 142 of the Constitution, quashed the FIR against the appellants and also quashed the connected proceedings

Mar 29, 2025 sclaw

I P C

Conviction under Section 302 requires proof of premeditation or intention to kill; absence of such elements may lead to reduced charges, such as under Section 304 IPC, with sentencing considerations potentially based on time already served

Mar 25, 2025 sclaw

I P C

Mere presence at a crime scene, without evidence of an overt act or specific role, is insufficient to convict an individual as a member of an unlawful assembly, especially in cases involving large crowds and public disturbances

Mar 25, 2025 sclaw

Limitation

Limitation Act, 1963 — Section 5 — Extension of period of limitation in certain circumstances — Courts may liberally condone delays in appeals, especially by the State

Mar 25, 2025 sclaw

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 154 — Registration of FIR — Mandatory under Section 154 of the CrPC if information discloses commission of a cognizable offense; no preliminary inquiry permissible in such cases.

Mar 25, 2025 sclaw

Cr P C

In a case involving cross-FIRs (alleging offences u/s 294(b), 323, 506(1) IPC) arising from a dispute between two practicing advocates pending since 2017, the Supreme Court, in the exercise of its jurisdiction under Article 142 of the Constitution, quashed the FIR against the appellants and also quashed the connected proceedings

I P C

Conviction under Section 302 requires proof of premeditation or intention to kill; absence of such elements may lead to reduced charges, such as under Section 304 IPC, with sentencing considerations potentially based on time already served

I P C

Mere presence at a crime scene, without evidence of an overt act or specific role, is insufficient to convict an individual as a member of an unlawful assembly, especially in cases involving large crowds and public disturbances

Limitation

Limitation Act, 1963 — Section 5 — Extension of period of limitation in certain circumstances — Courts may liberally condone delays in appeals, especially by the State

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.

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

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

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.

Cr P C

In a case involving cross-FIRs (alleging offences u/s 294(b), 323, 506(1) IPC) arising from a dispute between two practicing advocates pending since 2017, the Supreme Court, in the exercise of its jurisdiction under Article 142 of the Constitution, quashed the FIR against the appellants and also quashed the connected proceedings

I P C

Conviction under Section 302 requires proof of premeditation or intention to kill; absence of such elements may lead to reduced charges, such as under Section 304 IPC, with sentencing considerations potentially based on time already served

I P C

Mere presence at a crime scene, without evidence of an overt act or specific role, is insufficient to convict an individual as a member of an unlawful assembly, especially in cases involving large crowds and public disturbances

Limitation

Limitation Act, 1963 — Section 5 — Extension of period of limitation in certain circumstances — Courts may liberally condone delays in appeals, especially by the State

C P C

Damages–Court cannot grant damages or compensation on equitable consideration even if the plaintiff was entitled to damages. Issues–High Court could not frame the additional issues of its own which did not arise for consideration in the suit or in the appeal.

Sep 9, 2017 sclaw

2007(5) LAW HERALD (SC) 3858 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 4341…

Property Matters

Administration of Justice–It cannot be laid as a rule of universal application that whenever any learned Single Judge had dealt with a case even for routine purposes like issue of process or rectification of defect or even to pass an order of adjournment, that would preclude him from hearing the appeal.

Sep 9, 2017 sclaw

2007(5) LAW HERALD (SC) 3856 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Civil Appeal No. 4266 of…

Narcotics

Contraband–Secret Information–Fax message–The contents of a document could be held to have been proved in terms of section 66 only when the contents are decipherable and not otherwise. Contraband–Secret information–An officer who received such information was bound to reduce the same in writing and not for the person who hears thereabout.

Sep 9, 2017 sclaw

2007(5) LAW HERALD (SC) 3847 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No. 311…

Acquittal

Dacoity–Acquittal–FIR was lodged long after the incident and in fact law was already set on motion after the telephonic message had been received.

Sep 8, 2017 sclaw

2007(5) LAW HERALD (SC) 3841 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Criminal Appeal No. 1675 of…

Corruption Cr P C

Appeal against acquittal–Interference with a judgment of acquittal may not be made when two views are possible to be taken, but when on appraisal thereof, only one view is possible, the appellate court would not hesitate to inerfere with the judgment of acquittal. Nobody shall be compelled to be a witness against himself –To be a witness” may be equivalent to “furnishing evidence” in the sense of making oral or written statements, but not in the larger sense of the expression so as to include giving of thumb impression or impression of palm or foot or fingers or specimen writing or exposing a part of the body by an accused person for purpose of identification.

Sep 8, 2017 sclaw

2007(5) LAW HERALD (SC) 3830 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice H.S. Bedi Criminal Appeal Nos. 1394-1395 of…

Cr P C

Cognizance–Taking of–Power of Magistrate–Explained. Final Report–Protest Petition–Notice to informant–Magistrate has to give notice to the informant and provide an opportunity to be heard at time of consideration of report. Final Report–Notice to informant–The informant is entitled to a notice and an opportunity to be heard at the time of consideration of the report– Position is different so far as an injured person or a relative of the deceased, who is not an informant, is concerned. They are not entitled to any notice.

Sep 8, 2017 sclaw

2007(5) LAW HERALD (SC) 3824 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Criminal Appeal No.…

Cr P C Matrimonial

Maintenance–Claim by illegitimate minor–In the case of a claim based on illegitimacy, the statement of the mother was to be treated with some suspicion and could only be accepted with other corroborative evidence.

Sep 7, 2017 sclaw

2007(5) LAW HERALD (SC) 3821 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice H.S. Bedi Criminal Appeal No. 1139 of…

Property Matters

Specific performance–Khasra No. which was later on added and, therefore, the question of the plaintiffs being ready and willing to perform the contract as originally stood, does not really arise. Specific performance–Readiness and willingness to perform–An averment of readiness and willingness in the plaint is not a mathematical formula which should only be in specific words.

Sep 7, 2017 sclaw

2007(5) LAW HERALD (SC) 3816 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce Arijit Pasayat The Hon’ble Mr. Jusitce Lokeshwar Singh Panta Civil Appeal No. 4656…

Arbitration

Jurisdiction of Arbitral Tribunal–Though performance of–Contract had not come to an end by efflux of time and it got extended by conduct of the parties–Arbitration agreement exist and tribunal has jurisdiction to entertain the claim.

Sep 7, 2017 sclaw

2007(5) LAW HERALD (SC) 3808 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce Tarun Chatterjee The Hon’ble Mr. Jusitce D.K. Jain Civil Appeal No. 4829 of…

I P C

Rape with consent–The fact that the hymen was freshly ruptured and the vagina could take only one finger with difficulty shows that prosecutrix was not habituated to sexual intercourse and had been subjected to intercourse against her will.

Sep 6, 2017 sclaw

2007(5) LAW HERALD (SC) 3806 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No. 928…

You missed

Cr P C

In a case involving cross-FIRs (alleging offences u/s 294(b), 323, 506(1) IPC) arising from a dispute between two practicing advocates pending since 2017, the Supreme Court, in the exercise of its jurisdiction under Article 142 of the Constitution, quashed the FIR against the appellants and also quashed the connected proceedings

Mar 29, 2025 sclaw

I P C

Conviction under Section 302 requires proof of premeditation or intention to kill; absence of such elements may lead to reduced charges, such as under Section 304 IPC, with sentencing considerations potentially based on time already served

Mar 25, 2025 sclaw

I P C

Mere presence at a crime scene, without evidence of an overt act or specific role, is insufficient to convict an individual as a member of an unlawful assembly, especially in cases involving large crowds and public disturbances

Mar 25, 2025 sclaw

Limitation

Limitation Act, 1963 — Section 5 — Extension of period of limitation in certain circumstances — Courts may liberally condone delays in appeals, especially by the State

Mar 25, 2025 sclaw