Supreme Court of India Judgements

Assets Disproportionate to known sources of income—Territorial jurisdiction—Accused have several bank accounts and properties in Delhi—Court at Delhi would have the jurisdiction even though he was never posted in Delhi.

Apr 13, 2017 sclaw

2007(2) LAW HERALD (SC) 1546 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Criminal Appeal No. 635 of…

Bail Granted

Bail—While dealing with bail application commenting on evidentiary value of evidence on record; not permissible.

Apr 13, 2017 sclaw

2007(2) LAW HERALD (SC) 1540 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…

Constitution

Detention—Exoneration in the adjudication on proceedings cannot be a ground to nullify the order of detention.

Apr 13, 2017 sclaw

2007(2) LAW HERALD (SC) 1537 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Criminal Appeal No. 533…

Acquittal

Preventive Dentention–The laws of preventive detention are strictly construed, and a meticulous compliance with the procedural safeguard, however, technical is mandatory.

Apr 13, 2017 sclaw

2007(2) LAW HERALD (SC) 1533 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.…

Acquittal

Summoning of Accused—Before a court exercises its discretionary jurisdiction—It must arrive at the satisfaction that there exists a possibility that the accused so summoned is in all likelihood would be convicted.

Apr 13, 2017 sclaw

2007(2) LAW HERALD (SC) 1530 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 530 of…

Property Matters

Agreement to Sell—During pendency of decree, properties were sold to other persons—After conveyance the question of readiness and willingness is really not relevant.

Apr 13, 2017 sclaw

2007(2) LAW HERALD (SC) 1528 Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Civil Appeal No. 418 of 2007 With C.A. No.419…

I P C

Murder—Circumstantial Evidence— Minor contradictions will not shake the testimony.

Apr 13, 2017 sclaw

2007(2) LAW HERALD (SC) 1526 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S. B. Sinha The Hon’ble Mr. Justice Markandey Katju Criminal Appeal No. 329…

Acquittal

Common Intention—Prosecution has to establish by evidence, whether direct or circumstantial, that there was plan or meeting of minds of all the accused persons to commit the offence.

Apr 13, 2017 sclaw

2007(2) LAW HERALD (SC) 1523 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S. B. Sinha The Hon’ble Mr. Justice Markandey Katju Criminal Appeal No. 481…

Corruption

Sanction for Prosecution—Sanction not required under the prevention of corruption act and factual aspects are of no consequence.

Apr 13, 2017 sclaw

2007(2) LAW HERALD (SC) 1520 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Criminal Appeal No. 527…

Acquittal

Rape— No acceptable evidence except self serving statement of the prosecutrix—Acquittal.

Apr 13, 2017 sclaw

2007(2) LAW HERALD (SC) 1515 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.H. Kapadia The Hon’ble Mr. Justice B. Sudershan Reddy Criminal Appeal No. 526…

Supreme Court of India Judgements

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Under Rule 17, CCS (Pension) Rules, 1972, prior contractual service counts towards pension upon subsequent regularisation, subject to the employee opting to refund/forgo specified monetary benefits.

Service of an IBC Section 8 demand notice upon Key Managerial Personnel at the Corporate Debtor’s registered office constitutes valid service on the company, emphasizing substance over technical form.

Under Rule 17, CCS (Pension) Rules, 1972, prior contractual service counts towards pension upon subsequent regularisation, subject to the employee opting to refund/forgo specified monetary benefits.

Service of an IBC Section 8 demand notice upon Key Managerial Personnel at the Corporate Debtor’s registered office constitutes valid service on the company, emphasizing substance over technical form.

High Court’s inherent power to quash criminal proceedings precludes conducting a ‘mini trial’ by assessing evidence credibility; consistency requires acknowledging coordinate bench decisions involving co-accused.

Quashing FIR under 482 CrPC impermissible when complaint prima facie discloses cognizable offences; allegations accepted true, investigation not thwarted based on delay, civil suit, or witness status if complicity alleged.

Appointment secured on merit cannot be invalidated for an unintentional category error in a qualifying certificate if no undue advantage accrued therefrom.

Under Rule 17, CCS (Pension) Rules, 1972, prior contractual service counts towards pension upon subsequent regularisation, subject to the employee opting to refund/forgo specified monetary benefits.

Service of an IBC Section 8 demand notice upon Key Managerial Personnel at the Corporate Debtor’s registered office constitutes valid service on the company, emphasizing substance over technical form.

High Court’s inherent power to quash criminal proceedings precludes conducting a ‘mini trial’ by assessing evidence credibility; consistency requires acknowledging coordinate bench decisions involving co-accused.

Quashing FIR under 482 CrPC impermissible when complaint prima facie discloses cognizable offences; allegations accepted true, investigation not thwarted based on delay, civil suit, or witness status if complicity alleged.

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

Under Rule 17, CCS (Pension) Rules, 1972, prior contractual service counts towards pension upon subsequent regularisation, subject to the employee opting to refund/forgo specified monetary benefits.

Service of an IBC Section 8 demand notice upon Key Managerial Personnel at the Corporate Debtor’s registered office constitutes valid service on the company, emphasizing substance over technical form.

High Court’s inherent power to quash criminal proceedings precludes conducting a ‘mini trial’ by assessing evidence credibility; consistency requires acknowledging coordinate bench decisions involving co-accused.

Quashing FIR under 482 CrPC impermissible when complaint prima facie discloses cognizable offences; allegations accepted true, investigation not thwarted based on delay, civil suit, or witness status if complicity alleged.

Assets Disproportionate to known sources of income—Territorial jurisdiction—Accused have several bank accounts and properties in Delhi—Court at Delhi would have the jurisdiction even though he was never posted in Delhi.

Bail—While dealing with bail application commenting on evidentiary value of evidence on record; not permissible.

Detention—Exoneration in the adjudication on proceedings cannot be a ground to nullify the order of detention.

Preventive Dentention–The laws of preventive detention are strictly construed, and a meticulous compliance with the procedural safeguard, however, technical is mandatory.

Summoning of Accused—Before a court exercises its discretionary jurisdiction—It must arrive at the satisfaction that there exists a possibility that the accused so summoned is in all likelihood would be convicted.

Agreement to Sell—During pendency of decree, properties were sold to other persons—After conveyance the question of readiness and willingness is really not relevant.

Murder—Circumstantial Evidence— Minor contradictions will not shake the testimony.

Common Intention—Prosecution has to establish by evidence, whether direct or circumstantial, that there was plan or meeting of minds of all the accused persons to commit the offence.

Sanction for Prosecution—Sanction not required under the prevention of corruption act and factual aspects are of no consequence.

Rape— No acceptable evidence except self serving statement of the prosecutrix—Acquittal.

You missed

Under Rule 17, CCS (Pension) Rules, 1972, prior contractual service counts towards pension upon subsequent regularisation, subject to the employee opting to refund/forgo specified monetary benefits.

Service of an IBC Section 8 demand notice upon Key Managerial Personnel at the Corporate Debtor’s registered office constitutes valid service on the company, emphasizing substance over technical form.

High Court’s inherent power to quash criminal proceedings precludes conducting a ‘mini trial’ by assessing evidence credibility; consistency requires acknowledging coordinate bench decisions involving co-accused.

Quashing FIR under 482 CrPC impermissible when complaint prima facie discloses cognizable offences; allegations accepted true, investigation not thwarted based on delay, civil suit, or witness status if complicity alleged.

Supreme Court of India Judgements