Digest Of Supreme Court Cases

Service Law — Factors to be considered-Antecedents/Character for Appointment of Police

(i) clean acquittal or acquittal by granting benefit of doubt; (ii) Grave offences involving moral Turpitude; and (iii) Non-disclosure of pending criminal cases. (Paras 15 to 17) Cancellation/Refusal of appointment for the Post of Police Constable on grounds of: Cancellation of candidature of respondent candidates (4 in number) by Screening Committee on ground that respondents were […]

Service Law — Factors to be considered-Antecedents/Character for Appointment of Police Read More »

Criminal Procedure Code, 1973 — S. 156(3) and Ss. 200 to 204 and S. 438

Held, High Court erred in granting anticipatory bail in present case mainly on ground that magistrate’s direction for investigation S. 156(3) CrPC was doubtful as complainant had not been examined on oath as required  under S 200 CrPC, though complaint was supported by affidavit. Furthermore, relevant considerations for grant of anticipatory bail had not been

Criminal Procedure Code, 1973 — S. 156(3) and Ss. 200 to 204 and S. 438 Read More »

Service Law — Reinstatement/Back Wages/Arrears — Back Wages — Entitlement to — Unjustified punishment

In this case some articles in godown were found removed and placed near fencing when appellant “Rakshak” in Railway Protection Force was on special duty. The departmental Enquiry imposed a penalty of reduction of pay to the minimum of timescale of Rs 200 for a period of two years affecting his future increments. The appellate

Service Law — Reinstatement/Back Wages/Arrears — Back Wages — Entitlement to — Unjustified punishment Read More »

Constitution of India — Arts. 14, 32, 226 and 227 and Economy and/or economic policy decisions

Limited scope of judicial review in matters concerning economy and/or economic policy decisions, emphasized. Judges are not experts in economic and fiscal regulatory matters and thus, should not encroach upon these areas and must be more reluctant to impugn the judgment of the experts who may have arrived at a conclusion unless the court is

Constitution of India — Arts. 14, 32, 226 and 227 and Economy and/or economic policy decisions Read More »

Rent Control and Eviction- UP Urban Buildings (Regulation of letting , Rent and Eviction) Rules, 1972- Deemed vacancy for nonresidential premises (shop)

Subsequent events effecting partnership business. With the death of both partners and not having any clause permitting continuation of the partnership by legal heirs, the nonresidential tenanted premises, held, are deemed to be vacant in law as the tenant is deemed to have ceased to occupy the building. Davesh Nagalya (dead) and others v. Pradeep

Rent Control and Eviction- UP Urban Buildings (Regulation of letting , Rent and Eviction) Rules, 1972- Deemed vacancy for nonresidential premises (shop) Read More »

Penal Code, 1860 — S. 302 or S. 304 — Murder or culpable homicide — Action of accused having pushed down the deceased and thereafter standing on his abdomen and pushing down with crushing action and death due to septicaemia:

There is no absolute proposition of law that in all cases where the deceased died due to septicaemia, the case would fall under S. 304. The same has to be determined in the facts and circumstances of each case ( reference Sanjay v. State of U.P.(2016) 3 SCC 62). Para 13 In any case, as

Penal Code, 1860 — S. 302 or S. 304 — Murder or culpable homicide — Action of accused having pushed down the deceased and thereafter standing on his abdomen and pushing down with crushing action and death due to septicaemia: Read More »

Criminal Procedure Code, 1973 — S. 439 — Bail — Whether circumstances had changed sufficiently to warrant grant of bail when successive bail applications were filed upon denial/cancellation of bail on earlier occasions

Bail was granted by High Court on fourth bail application of accused without assigning any reasons. Accused, main conspirator in crime led to killing of one person. Earlier grant of bail to accused by High Court was cancelled by Supreme Court on finding of prima facie material against him. Thereafter, mere examination of principal star

Criminal Procedure Code, 1973 — S. 439 — Bail — Whether circumstances had changed sufficiently to warrant grant of bail when successive bail applications were filed upon denial/cancellation of bail on earlier occasions Read More »

Criminal Procedure Code, 1973-bail under Sec 43-D(5) r/w Ss. 17/18/21 Unlawful Activities (Prevention) Act 1967

There was an allegation of terror funding as the accused allegedly paid levy/ extortion amount to certain terrorist organizations. Sec 43-D (5) proviso entails expression “prima facie true” as in it must be good and sufficient on its face to establish a given fact or the chain constituting the stated offense unless rebutted or contradicted.

Criminal Procedure Code, 1973-bail under Sec 43-D(5) r/w Ss. 17/18/21 Unlawful Activities (Prevention) Act 1967 Read More »

National Company Law Tribunal (NCLT) and national Company Law appellate Tribunal (NCLAT)- Fresh appointments and reappointments.

It was brought to the notice that there are 39 members at present for a sanctioned strength of 63 and the depletion of the strength of the members will adversely affect the smooth functioning of the Tribunals. Held, we direct the Government to complete the process at the earliest and not later than two months.

National Company Law Tribunal (NCLT) and national Company Law appellate Tribunal (NCLAT)- Fresh appointments and reappointments. Read More »

Protection of Children from Sexual Offences Act 2012-Acquittal by the High Court on the ground that there was no physical contact i.e. skin to skin- Notice issued

It was brought to the notice of this court that a judgment dated 19.01.21 passed by the High Court of Judicature at Bombay, Nagpur Bench, in Satish v. State of Maharashtra acquitted the accused under section 8 of the POSCO Act 2012 on the ground that the accused had no sexual intent of committing the

Protection of Children from Sexual Offences Act 2012-Acquittal by the High Court on the ground that there was no physical contact i.e. skin to skin- Notice issued Read More »

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