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Category: Supreme Court of India Judgment or Order or Notification

Hardeep Singh Vs State of Punjab and Ors on 10 January, 2014

Posted on March 20, 2019 by ShadesOfKnife

Hon’ble Apex court held some key aspects in this landmark judgment such as,

  1. What is the stage at which power under Section 319 Cr.P.C. can be exercised?
  2. Whether the word “evidence” used in Section 319(1) Cr.P.C. could only mean evidence tested by cross examination or the court can exercise the power under the said provision even on the basis of the statement made in the examination-in-chief of the witness concerned?
  3. Whether the word “evidence” used in Section 319(1) Cr.P.C. has been used in a comprehensive sense and includes the evidence collected during investigation or the word “evidence” is limited to the evidence recorded during trial?
  4. What is the nature of the satisfaction required to invoke the power under Section 319 Cr.P.C. to arraign an accused? Whether the power under Section 319(1) Cr.P.C. can be exercised only if the court is satisfied that the accused summoned will in all likelihood convicted?
  5. Does the power under Section 319 Cr.P.C. extend to persons not named in the FIR or named in the FIR but not charged or who have been discharged?
Hardeep Singh Vs State of Punjab and Ors on 10 January, 2014

Citations : [2014 SCC CRI 2 86], [2014 RCR CRIMINAL SC 1 623], [2014 SUPREME 1 132], [2014 SLT 1 465], [2014 AIOL 21], [2014 SCC 3 92], [2014 CRIMES SC 1 133], [2014 AIR SC 1400], [2014 BOMCR CRI SC 1 772], [2014 ALLMR CRI SC 801], [2014 AIR SC 667], [2014 CRLJ SC 1118], [2014 JLJR SC 2 385], [2014 SCALE 1 241], [2014 SCC ONLINE SC 26], [2014 KLJ 1 410], [2014 AIC 135 86], [2014 ALD CRL SC 2 152], [2014 PLJR 2 482], [2014 KHC 1 170], [2014 ALLCC 85 313], [2014 CCR SC 1 244], [2014 ADJ 1 727], [2014 LW CRL 1 440], [2014 UC 1 304], [2014 CGLRW SC 1 491], [2014 RLW SC 1 727], [2014 SCJ 2 366], [2015 NCC 1 613], [2014 AD SC 1 609], [2014 JT SC 1 412], [2014 CAL LJ 2 75], [2014 KLT SC 1 336], [2014 AIR SCW 667]

Other Sources :

https://indiankanoon.org/doc/78958066/

https://www.casemine.com/judgement/in/5609af56e4b014971141618b


The latest case law from SC on this subject is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 5-Judge Constitutional Bench Decision Article 20 - Protection in respect of conviction for offences Article 21 - Protection of life and personal liberty CrPC 319 - Power to proceed against other persons appearing to be guilty of offence Hardeep Singh Vs State of Punjab and Ors Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Right to Fair Trial | Leave a comment

Kalyan Kumar Gogoi Vs Ashutosh Agnihotri and Anr on 18 January, 2011

Posted on March 20, 2019 by ShadesOfKnife

In this Appeal on a Election Petition, Hon’ble Supreme Court held that the evidences of the witness are not just hearsay but utter lies.

Kalyan Kumar Gogoi Vs Ashutosh Agnihotri and Anr on 18 January, 2011

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Hearsay Evidence Kalyan Kumar Gogoi Vs Ashutosh Agnihotri and Anr | Leave a comment

M.S.Sheriff Vs The State of Madras and Others on 18 March, 1954

Posted on March 17, 2019 by ShadesOfKnife

This is the grand old daddy judgment from Hon’ble Apex Court, which says deal with perjury first.

From Para 15, the 5-judge bench of Supreme Court held as follows,

15. As between the civil and the criminal proceedings we are of the opinion that the criminal matters should be given precedence. There is some difference of opinion in the High Courts of India on this point. No hard and fast rule can be laid down but we do not consider that the possibility of conflicting decisions in the civil and criminal courts is a relevant consideration. The law envisages such an eventuality when it expressly refrains from making the decision of one court binding on the other, or even relevant, except for certain limited purposes, such as sentence or damages. The only relevant consideration here is the likelihood of embarrassment.

From Para 16, reason for disposing of perjury (a criminal offence first) given,

16. Another factor which weighs with us is that a civil suit often drags on for years and it is undesirable that a criminal prosecution should wait till everybody concerned has forgotten all about the crime. The public interests demand that criminal justice should be swift and sure; that the guilty should be punished while the events are still fresh in the public mind and that the innocent should be absolved as early as is consistent with a fair and impartial trial. Another reason is that it is undesirable to let things slide till memories have grown too dim to trust. This, however, is not a hard and fast rule. Special considerations obtaining in any particular case might make some other course more expedient and just. For example, the civil case or the other criminal proceeding may be so near its end as to make it inexpedient to stay it in order to give precedence to a prosecution ordered under Section 476. But in this case we are of the view that the civil suits should be stayed till the criminal proceedings have finished.

From the final Para 17, wherein the 4 ongoing Civil suits are stayed and the criminal prosecution u/s 193 IPC was allowed to go ahead.

The result is that the appeal fails and is dismissed but with no order about costs. Civil Suits Nos. 311 of 1951 to 314 of 1951, in the Court of the Subordinate Judge, Coimbatore, will be stayed till the conclusion of the prosecution under section 193, Indian Penal Code. As the plaintiffs there are parties here, there is no difficulty about making such an order.

M.S.Sheriff Vs The State of Madras and Others on 18 March, 1954

Equivalent citations: [1954 SCR 1229], [1954 AIR SC 397], [1954 CRILJ 1019], [1954 LW 67 625], [1954 SCR 1 1144]

Other Source links:

https://indiankanoon.org/doc/500548/

https://www.casemine.com/judgement/in/5609aaf2e4b014971140b4db


Index of all Perjury case laws is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 5-Judge Constitutional Bench Decision CrPC 340 - Dispose Perjury first IPC 193 - Punishment for false evidence Landmark Case M.S.Sheriff Vs The State of Madras and Others Perjury Under Section 340 CrPC | 1 Comment

Maj. Genl. A.S.Gauraya and Anr Vs S.N.Thakur and Anr on 25 April, 1986

Posted on March 12, 2019 by ShadesOfKnife

This is landmark judgment which held that a/c to Article 141 of Constitution of India, all judgments of Supreme Court of India are binding on all courts in India and they are applicable to all pending proceedings even with retrospective effect.

Maj. Genl. A.S.Gauraya and Anr Vs S.N.Thakur and Anr on 25 April, 1986
Posted in Supreme Court of India Judgment or Order or Notification | Tagged Article 141 - Law declared by Supreme Court to be binding on all courts Landmark Case Legal Procedure Explained - Interpretation of Statutes Maj. Genl. A.S.Gauraya and Anr Vs S.N.Thakur and Anr Supreme Court Decisions Binding On All Courts Retrospectively Too | Leave a comment

Sarvepalli Radhakrishnan University and Anr Vs UOI and Ors 07 January, 2019

Posted on March 8, 2019 by ShadesOfKnife

A diabolical Medical college management played a cunning cat and mouse game with MCI, Government and the hon’ble Supreme Court of India to cheat and get permission to do admissions for medical courses in their college and paid the hefty price.

Sarvepalli Radhakrishnan University and Anr Vs UOI and Ors 07 January, 2019

Citations : [2019 SCC ONLINE SC 51]

Other Sources:

https://indiankanoon.org/doc/194049971/

https://www.casemine.com/judgement/in/5c7164069eff4312dfbb5f69


Index of all Perjury case laws is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Grant Compensation To Victims Of Fraud Medical College IPC 193 - Punishment for false evidence Perjury - Approached Court with Unclean Hands Perjury - Forged Evidence or False Statements on Oath or False Affidavit Submitted Reportable Judgement or Order Sarvepalli Radhakrishnan University and Anr Vs UOI and Ors | Leave a comment

Aarish Asgar Qureshi Vs Fareed Ahmed Qureshi on 26 February, 2019

Posted on March 4, 2019 by ShadesOfKnife

In this case on perjury in a false 498A case, husband made allegations on knife, in this anticipatory bail application. Justice RF Nariman had set aside the Previous order for Perjury from Bombay HC here.

Aarish Asgar Qureshi Vs Fareed Ahmed Qureshi 26 February, 2019

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Aarish Asgar Qureshi Vs Fareed Ahmed Qureshi Catena of Landmark Judgments Referred/Cited to CrPC 340 - Dismissed/Rejected CrPC 340 read with CrPC 195 Legal Procedure Explained - Interpretation of Statutes | Leave a comment

Anand Kumar Sharma Vs BCI on 01 March, 2019

Posted on March 4, 2019 by ShadesOfKnife

This is a case of an advocate filing false information during the enrollment with Bar Council. After debarring him from enrollment, then he went of a petition/appeal filing spree at all level of courts. All the time getting dismissed.

Anand Kumar Sharma Vs BCI on 01 March, 2019

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Advocate Antics Anand Kumar Sharma Vs BCI | Leave a comment

M.M. Malhotra Vs Union of India And Ors on 4 October, 2005

Posted on March 4, 2019 by ShadesOfKnife

Supreme Court held that the offence of 498A was not made out in this case. It has a checkered history. See the tantrums of knife.

  • in the year 1990, she came to know that the appellant had developed illicit relations with one Miss Anna Suja John when he was posted at Trivandrum.
  • The appellant started beating her brutally and torturing her mercilessly because of Miss Anna Suja John.
  • It was further stated in the complaint that in the year 1991 itself, Miss Anna Suja John came to Nagpur and started staying with the appellant and complainant Mrs. Roopa Malhotra at their residence at Nagpur.
  • The complainant strongly objected to this and requested the appellant not to have any relationship with Miss Anna Suja John and told her to leave Nagpur. When complainant could not bear the torture, she sought an interview with the then Air Marshal I.G. Krishna, HQ Maintenance Command, Indian Air Force and narrated her plight to him.
  • brother of the appellant came to Nagpur and told the complainant that if she files a complaint against her husband, his career would be spoiled. He also promised that Miss Anna Suja John would go back to Kerala.
  • When the complainant had gone to Kanpur she saw Miss Anna Suja John with her child residing in the parental house of the appellant at Kanpur.
  • The appellant abused the complainant in front of Miss Anna Suja John in filthy language.
  • When they were at Kanpur, appellant and Miss Anna Suja John used to sleep in one room and complainant was asked to sleep in another room. At Kanpur, the appellant told the complainant that he and Miss Anna Suja John are married. While they were at Kanpur, appellant and Miss Anna Suja John were behaving as husband and wife and going to hotels and various other places together. The same thing continued at Nagpur.
  • The complainant tried her best to keep her nineteen years’ old marriage intact.

Now the hubby dear responds to the complaint filed against him

  • In the communication it was indicated that Mrs. Roopa Malhotra @ Ruby Basu had filed written statement on 1.10.1992 in Regular Civil Suit  no. 887/1992 filed by the appellant wherein she had stated that she was already married to one D.J. Basu, her husband. The marriage was subsisting at the time when she married the appellant.
  • It is to be noted that the said suit was filed by the appellant in the Court of Civil Judge, Senior Division, Nagpur, inter alia, for a declaration that defendant Roopa was not his wife as her spouse was living on the date they started living as husband and wife. Suit was decreed on 19.6.1993.
  • It was appellant’s stand that in view of the said statement he should not be required to submit his explanation in view of Rule 16(4) of the Rules.
  • The appellant submitted that there was no plural marriage as so-called marriage was non existent in the eyes of law. Since there was no valid marriage at the first instance the question of plural marriage did not arise.
  • The High Court did not find any substance in the plea and held that the conduct of the appellant was unbecoming of a member of the disciplined force like Air Force.
M.M. Malhotra Vs Union of India And Ors on 4 October, 2005
Posted in Supreme Court of India Judgment or Order or Notification | Tagged IPC 498a - Not Made Out M.M. Malhotra Vs Union of India And Ors Previous Marriage Allegation (Plural Marraige) Sandeep Pamarati | Leave a comment

Bharvagi Constructions and Anr Vs Kothakapu Muthyam Reddy and Ors on 07 September, 2017

Posted on January 25, 2019 by ShadesOfKnife

 

Bharvagi Constructions and Anr Vs Kothakapu Muthyam Reddy and Ors on 07 September, 2017

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Bharvagi Constructions and Anr Vs Kothakapu Muthyam Reddy and Ors Work-In-Progress Article | Leave a comment

State Of Punjab and Anr Vs Jalour Singh and Ors on 18 January, 2008

Posted on January 25, 2019 by ShadesOfKnife

 

State Of Punjab and Anr Vs Jalour Singh and Ors on 18 January, 2008

Citations : [2008 SCC CIV 1 669], [2008 SCC CRI 1 524], [2008 SCC L&S 1 535], [2008 AIR SC 1209], [2008 KLJ 1 887], [2008 AIC SC 64 262], [2008 JT 2 83], [2008 SCALE 2 52], [2008 RCR CIVIL 1 857], [2008 AIR SC 0 1196], [2009 TAC 1 819], [2008 ALLSCR 0 692], [2008 SCJ 2 95], [2008 SCC 3 660], [2008 TNMAC 1 244], [2008 KHC 2 89], [2008 AIOL 112], [2008 ARBLR SC 1 257], [2008 SCR 1 922], [2008 MLJ SC 5 311], [2008 AIR SCW 1196], [2008 KLT SC 2 236], [2008 ACJ SC 2874]

Other Sources :

https://indiankanoon.org/doc/483834/

https://www.casemine.com/judgement/in/5609ae95e4b0149711414361

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Landmark Case Reportable Judgement or Order State Of Punjab and Anr Vs Jalour Singh and Ors Work-In-Progress Article | Leave a comment

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