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Constitutional law

SURENDRA KOLI versus THE STATE OF UTTAR PRADESH & ANR.

The curative jurisdiction was properly invoked because two irreconcilable final outcomes of this Court rested on an identical evidentiary substratum; the Section 164 confession foundational to the conviction is legally tainted (involuntary and barred under Section 24 Evidence Act) and the alleged discoveries under Section 27 were not proved as contemporaneous or reliable; removing those keystones collapses the circumstantial chain, rendering the conviction incompatible with Articles 14 and 21, and therefore the conviction and sentences were set aside and the petitioner acquitted.

Source excerpt

  • Curative petition
  • Curative jurisdiction threshold
  • Manifest miscarriage of justice
  • Confession under section 164 crpc
  • Discoveries under section 27 evidence act
  • Voluntariness of confession
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Criminal law

ANNA WAMAN BHALERAO versus STATE OF MAHARASHTRA

The Supreme Court affirmed the High Court's rejection of anticipatory bail because, despite long delay in initiation of proceedings, the gravity of allegations, alleged abuse of official position by the appellants, prima facie vitiation of the transaction benefitting A1, and the High Court's finding that custodial interrogation was necessary (and the appellants' failure to cooperate despite interim protection) warranted custodial interrogation; concurrently, the Court held that inordinate delay in deciding bail/anticipatory bail is impermissible and issued directions for time-bound disposal b…

Source excerpt

  • Anticipatory bail
  • Regular bail
  • Delay in disposal of bail applications
  • Personal liberty
  • Custodial interrogation
  • Official abuse of position
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Criminal law

TARUN SHARMA versus STATE OF HARYANA

The conviction could not be sustained because the dying declaration (Exh. P-34) suffered grave infirmities—absence of recorded time, failure of the recording officer to record satisfaction as to fitness, non-identification and non-examination of the doctor who gave the fitness certificate (Exh. P-33), absence of contemporaneous medical records, and material contradictions with eye-witness testimony (notably PW-1 who said the deceased remained unconscious and could not speak); additionally, the recovery of the knife lacked scientific corroboration. These factors rendered the primary evidence u…

Source excerpt

  • Dying declaration
  • Hostile witness
  • Recovery and scientific corroboration
  • Right to fair trial
  • Amicus curiae appointment
  • Fitness certificate
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Criminal law

ANIL KHANDELWAL ETC. versus PHOENIX INDIA AND ANR.

The prosecution of the bank officers for offences under the IPC, based on vicarious liability and without impleading the Bank, is impermissible; absent specific statutory vicarious liability and without concrete material showing the officers' personal role or mala fides, process should not have issued; acts done bona fide under SARFAESI Act (and rectification of a clerical error) attract protection under Section 32 and warrant quashing of the proceedings.

Source excerpt

  • Defamation
  • Vicarious liability
  • Quashing of criminal proceedings
  • Sarfaesi act statutory protection
  • Clerical error in statutory notice
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Criminal law

VINOD BIHARI LAL versus STATE OF UTTAR PRADESH & ANR.

The Supreme Court held that the subject FIR and ensuing proceedings were quashed because (a) the materials (chargesheet and witness statements) merely reiterated the FIRs and did not furnish documentary or probative evidence to establish the essential requirement under Section 2(b) and Rule 3 that the alleged acts were committed to disturb public order or to secure undue advantage; (b) the gang-chart was approved and forwarded without demonstrable independent application of mind by the recommending, forwarding and approving authorities and in violation of Rules 5, 16 and 17 of the Rules of 20…

Source excerpt

  • Quashing of proceedings under section 482 crpc
  • Uttar pradesh gangsters & anti-social activities (prevention) act, 1986
  • Gang chart approval and rules of 2021 (rr.5,16,17)
  • Application of mind by competent authorities
  • Abuse of process of law
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Criminal law

VIRENDER PAL @ VIPIN versus STATE OF HARYANA

The evidence established that the deceased died otherwise than under natural circumstances within seven years of marriage and was subjected to continuous harassment and dowry demands soon before death, thereby invoking the presumption under Section 113-B; the appellant failed to rebut this presumption and medical evidence (post-mortem) showed ante-mortem injuries causing death; the trial court's procedural lapse in accepting medical evidence on affidavit was a curable irregularity as no prejudice resulted, and therefore conviction under Section 304-B IPC was rightly upheld.

Source excerpt

  • Dowry death
  • Section 304-b ipc
  • Section 113-b evidence act
  • Medical evidence on affidavit
  • Curable irregularity
  • Post-mortem evidence
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Criminal law

STATE OF KARNATAKA versus SRI CHANNAKESHAVA.H.D. & ANR.

Preliminary enquiry is not mandatory under the PC Act; where a superior officer, on consideration of a detailed and well-reasoned source report that prima facie discloses commission of a cognizable offence, passes an order under Section 17 directing registration of FIR, a formal preliminary enquiry may be dispensed with; in the present case the SP acted on such a source report and the High Court erred in quashing the FIR, therefore the appeal is allowed and the impugned order is set aside.

Source excerpt

  • Preliminary enquiry
  • Quashing of fir
  • Section 17 of the prevention of corruption act, 1988
  • Section 13(1)(b) read with section 13(2) of the prevention of corruption act, 1988
  • Section 482 crpc
  • Disproportionate assets
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Constitutional law

SUPREME COURT BAR ASSOCIATION & ANR. versus STATE OF UTTAR PRADESH & ORS.

The Supreme Court held that the Supreme Court Rules, 2013 (as amended) must be strictly followed: Advocate-on-Record must certify or endorse the Vakalatnama as required; Advocate-on-Record shall submit details via Appearance Slip (Form No.30) and use the Court's prescribed link; Court Masters shall record in the Record of Proceedings only those Senior Advocate/AOR/Advocate who are physically present and arguing and one Advocate/AOR assisting such arguing counsel; any change in authorisation requires a fresh Appearance Slip from the AOR; a Senior Advocate shall not appear without an AOR in the…

Source excerpt

  • Advocate appearances
  • Vakalatnama execution and endorsement
  • Appearance slip (form no.30)
  • Advocate-on-record duties and accountability
  • Senior advocate restrictions
  • Recording of appearances by court masters
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Criminal law

PRADIP N. SHARMA versus STATE OF GUJARAT & ANR.

Quashing of FIR was refused because the allegations prima facie disclosed cognizable offences involving alleged misuse of official position and required thorough investigation; however, anticipatory bail was granted because custodial interrogation was not shown to be necessary for the documentary nature of the allegations, subject to conditions including a personal bond of Rs.1,00,000 and cooperation with investigation; appeals disposed accordingly.

Source excerpt

  • Quashing of fir
  • Anticipatory bail
  • Misuse of official position
  • Criminal breach of trust
  • Investigation
  • Custodial interrogation
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Constitutional law

RADHIKA AGARWAL versus UNION OF INDIA AND OTHERS

The amendments to the Customs Act (Finance Acts 2012, 2013, 2019) and the provisions of the GST Acts that designate certain offences as cognizable and non-bailable are constitutionally valid; Parliament has competence under Article 246-A to enact ancillary criminal provisions necessary for effective levy/collection of GST; customs officers are not police officers; arrests under Customs Act s.104 and GST Act s.69/132 are permissible only after satisfaction of statutory pre-conditions (authorised officer must have material, record reasons to believe in writing, demonstrate how monetary threshol…

Source excerpt

  • Right to arrest under special statutes
  • Constitutional validity of arrest provisions
  • Applicability of code of criminal procedure
  • Judicial review of arrests
  • Pre-conditions for arrest ('reasons to believe', 'material')
  • Legislative competence under article 246-a
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

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