“In a democracy where rule of law is its essence, it has to be preserved and enforced particularly by courts of law. Compassion and sympathy have no role to play where rule of law is required to be enforced. If the rule of law has to be preserved as the essence of democracy, it is the duty of the courts to enforce the same without fear or favour, affection or ill-will.”
Justice BV Nagarathna
[Bilkis Yakub Rasool v. Union of India, 2024 SCC OnLine SC 25]
AMU Minority Status case
Explained| Aligarh Muslim University and its Minority Status; SC Constitution Bench partly hears arguments
The Seven-Judge Constitution Bench comprising of Dr. DY Chandrachud, CJ., Sanjiv Khanna, Surya Kant, JB Pardiwala, Dipankar Datta, Manoj Misra and Satish Chandra Sharma, JJ. began hearing of an appeal against Allahabad High Court’s Order in Naresh Agarwal (Dr.) v. Union of India, 2005 SCC OnLine All 1705, whereby, Aligarh Muslim University’s (‘AMU’) action of 50 percent seat reservation in postgraduate medical courses for Muslim candidates by claiming it to be a minority institution, was struck down and held that AMU cannot have an exclusive reservation because it is not a minority institution. Read more
Bilkis Bano Gang rape case
Inside Supreme Court’s verdict on premature release of 11 convicts in Bilkis Bano gang rape case
In writ petitions against the Orders dated 10-08-2022, granting remission and early release of 11 convicts guilty of committing heinous crimes during the large-scale riots in Gujarat on 28-02-2002 which occurred in the aftermath of the burning of the train incident in Godhra in Gujarat on 27-02-2002, the division bench of BV Nagarathna* and Ujjal Bhuyan, JJ. while setting aside the impugned orders of remission, held the following:
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The Government of State of Gujarat had no jurisdiction to entertain the applications for remission or pass the orders of remission on 10-08-2022 in favour of the convicts as it was not the appropriate Government within the meaning of Section 432(7) of the CrPC.
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This Court’s order dated 13-05-2022 being vitiated and obtained by fraud as it was sought by suppression of material facts as well as by misrepresentation of facts, is therefore a nullity and non est in law. All proceedings taken pursuant to the said order also stand vitiated and are non est in the eye of law. Read more
[Bilkis Yakub Rasool v Union of India, 2024 SCC OnLine SC 25]
[Bilkis Bano Gang rape case] Supreme Court indicates factors to be considered while entertaining application for remission under CrPC
In batch of pleas against the pre-mature release of 11 convicts sentenced to life imprisonment, who had gang raped Bilkis Bano and murdered her family members during the 2002 Gujarat Communal riots, the division bench of BV Nagarathna and Ujjal Bhuyan, JJ. set aside Gujarat Government’s decision to grant remission to 11 convicts and held that the Gujarat Government had no jurisdiction to entertain the applications for remission or pass the orders of remission on 10-08-2022 in favour of the convicts as it was not the appropriate Government within the meaning of Section 432(7) of the Code of Criminal Procedure, 1973 (‘CrPC’). Further, the Court indicated the factors that must be considered while entertaining an application for remission under the provisions of the CrPC. Read more
[Bilkis Yakub Rasool v Union of India, 2024 SCC OnLine SC 25]
Single Judge vs Division Bench: Fake Caste Certificates Case
Single Judge vs Division Bench: Supreme Court’s 5-Judge Bench stays Calcutta HC’s Single Bench order defying Division Bench stay on CBI Probe in Fake Caste Certificates Case
Taking suo motu cognizance, the 5-Judge Bench comprising Dr. DY Chandrachud, CJI Sanjiv Khanna, B.R. Gavai, Surya Kant and Aniruddha Bose, JJ has stayed the order in which the Single Judge Bench of the Calcutta High Court directed the handover of papers related to the case of alleged issuance of fake caste certificates to the CBI, despite the stay order of a division bench. Read more
Triple Murder Case
[Triple Murder Case] Supreme Court confirms bail granted to woman by Rajasthan HC
In a challenge by the informant against order passed by Rajasthan High Court on 6-09-2023 allowing bail to a woman accused in a triple murder case, the Division Bench of Hrishikesh Roy and Prashant Kumar Mishra, JJ. refused to interfere with the High Court’s decision to grant bail in a non-bailable offence as per Section 437 of the Criminal Procedure Code, 1973 (‘CrPC’), since she was a woman. Read more
DHFL Fraud Case
Accused cannot claim statutory right of default bail on the ground that investigation qua other accused was pending: Supreme Court in DHFL Fraud Case
In a criminal appeal filed by the Central Bureau of Investigation (‘CBI’) against the order passed by the Delhi High Court upholding the order dated 03-12-2022 passed by the Special Judge, by which Kapil Wadhawan and Dheeraj Wadhawan (‘accused persons’) have been granted default bail under Section 167(2) of the Code of Criminal Procedure, 1973 (‘CrPC’) , the division bench of Bela M. Trivedi* and Pankaj Mithal, JJ. while setting aside the impugned orders, held that chargesheet having been filed against the accused persons within the prescribed time limit and the cognizance having been taken by the Special Court of the offences allegedly committed by them, the accused persons could not have claimed the statutory right of default bail under Section 167(2) on the ground that the investigation qua other accused was pending. Read more
[CBI v. Kapil Wadhawan, 2024 SCC OnLine SC 66]
Skill Development Scam
Point-wise Breakdown of Supreme Court’s split verdict on S. 17A of PC Act and its application in Chandrababu Naidu’s plea in Skill Development Scam
In an appeal against Andhra Pradesh High Court’s decision, whereby, former Andhra Pradesh Chief Minister and leader of Telugu Desam Party, Nara Chandrababu Naidu’s petition under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) to quash the First Information Report (FIR) against him in Skill Development Scam was dismissed, the Division Bench of Aniruddha Bose and Bela M. Trivedi, JJ. delivered a spilt verdict on the interpretation and application of Section 17-A of the Prevention of Corruption Act, 1988, therefore, the matter was placed before the Chief Justice of India to take an appropriate decision to constitute a larger Bench. Read more
[Sayunkta Sangarsh Samiti v. State of Maharashtra, 2023 SCC OnLine SC 1684]
Rules on post-retirement benefits /Standard Operating Procedure
Directions by HCs to enact rules on post-retirement benefits by writ of mandamus or otherwise is contrary to Separation of Power: SC
In an appeal against Allahabad High Court’s orders, which gave rise to questions about the separation of powers, the exercise of criminal contempt jurisdiction, and the practice of summoning Government Officials to the Court, the full Bench of Dr. Dhananjaya Y Chandrachud, CJI*, JB Pardiwala and Manoj Misra, JJ. gave a Standard Operating Procedure along with a slew of guidelines to require the presence of Government Officials. The Court also held that the High Court cannot direct the State Government to enact rules on a particular subject, by a writ of mandamus or otherwise, being contrary to Separation of power. Read more
[State of Uttar Pradesh v. Association of Retired Supreme Court and High Court Judges at Allahabad, 2024 SCC OnLine SC 14]
Standard Operating Procedure framed by Supreme Court on summoning of government officials: All you need to know
In an appeal against Allahabad High Court’s orders, which gave rise to questions about the separation of powers, the exercise of criminal contempt jurisdiction, and the practice of summoning Government Officials to the Court, the full Bench of Dr. Dhananjaya Y Chandrachud, CJI, JB Pardiwala and Manoj Misra, JJ. gave a Standard Operating Procedure along with a slew of guidelines as to require the presence of Government Officials. Read more
[State of Uttar Pradesh v. Association of Retired Supreme Court and High Court Judges at Allahabad, 2024 SCC OnLine SC 14]
ACRs/APARs of District Superintendents of Police
Who can initiate ACRs/APARs of District Superintendents of Police in Assam? Supreme Court answers
In an appeal against Gauhati High Court’s decision holding Rule 63(iii) of the Assam Police Manual invalid for being in direct conflict with Section 14(2) of the Assam Police Act, 2007 brought by the State of Assam and its officials in the Home Department, the Division Bench of Aniruddha Bose and Sanjay Kumar, JJ. confirmed the High Court’s decision in support of delineation of District Superintendents of Police (SPs) and Deputy Commissioners. Read more
[State of Assam v. Binod Kumar, 2024 SCC OnLine SC 53]
Societies Registration Act
[Societies Registration Act] Defaulting members not entitled to notice for meeting of election, even if their membership was not terminated or ceased: SC
In an appeal against the judgment and order passed by the Bombay High Court, whereby the appeal was dismissed, thereby confirming the order passed by the District Judge, which confirmed the order passed by the Assistant Charity Commissioner, Nagpur rejecting the change report filed by the appellants, the division bench of Vikram Nath* and Ahsanuddin Amanullah, JJ. while setting aside the impugned order and accepting the change report, has directed fresh elections for the new executive committee of the Society by the Charity Commissioner in accordance with law within six months from the receipt of a copy of this Judgment. Further, it held that the proviso to Section 15 of the Societies Registration Act, 1860 [the Registration Act] would disentitle defaulting members from being given any notice even if their membership was not terminated or ceased. Read more
[Babasaheb Wasade v. Manohar Gangadhar Muddeshwar, 2024 SCC OnLine SC 63]
Accessible India Campaign
Accessible India Campaign| SC directs NALSAR to prepare report on making all public buildings disabled friendly; Centre to bear all costs
In a writ petition to make public buildings accessible for persons with disabilities, the three Judge Bench of Dr. DY Chandrachud, CJ., J.B. Pardiwala and Manoj Misra, JJ. directed the Department of Empowerment of Persons with Disabilities in the Union Ministry of Social Justice and Empowerment to reimburse the Centre for Disability Studies (CDS) at NALSAR University of Law for all the expenses incurred in preparing the report on the steps required to be taken to make all the State and Central Government buildings, airports, railway stations, public transport carriers, Government websites, public documents disabled friendly. Read more
[Rajive Raturi v. Union of India, 2024 SCC OnLine SC 45]
Slum Rehabilitation Scheme
Supreme Court | Slum Rehabilitation Authority has statutory mandate over private agreements for Slum Rehabilitation Schemes
In a civil appeal against Bombay High Court’s decision, whereby, the appellant- Sayunkta Sangarsh Samiti’s petition for quashing the Slum Rehabilitation Authority Maharashtra’s (SRA) order, wherein, the allotment of the rehabilitated towers of the slum was not in terms of the Memorandum of Understanding (‘MoU’) signed between the developer and the appellant society, was dismissed. The Division Bench of Aniruddha Bose and Sudhanshu Dhulia*, JJ. dismissed the appellant society’s appeal and directed the SRA to carry out the allotment of flats in accordance with law and not in terms of the MoU, being a private agreement. Read more
Negotiable Instruments
‘A case of persistent disregard for judicial directives’; Read Why Supreme Court imposed Rs. 5 Lakhs costs on accused under S. 138 of NI Act
In an appeal against Bombay High Court’s order, whereby, the appellant’s suspension of sentence and grant of bail was cancelled for violating the undertaking given before the High Court for offence under Section 138 of the Negotiable Instruments Act, 1881, the Division Bench of Vikram Nath and Rajesh Bindal, JJ. dismissed the appeal with costs of Rs. 5 Lakhs to be paid to the complainant. Read more
[Satish P. Bhatt v. State of Maharashtra, 2024 SCC OnLine SC 16]
Cognizant Technology tax dues
Read why Supreme Court upheld Madras HC’s order directing Cognizant technology to pay Rs 2,956 crore to IT Department as tax dues
In a special leave petition filed by Cognizant Technology Solutions (‘Cognizant’) against the judgment passed by the Madras High Court, wherein the Court directed Cognizant to pay Rs 2,956 crore to the Income tax Department as partial payment of its tax dues, the division bench of PS Narasimha and Aravind Kumar, JJ. while providing few modifications, upheld the impugned judgment. Read more
[Cognizant Technology Solutions India Pvt Ltd. v. Assistant Commissioner of Income Tax , 2024 SCC OnLine SC 44]
Custody case
Supreme Court sets aside Telangana HC’s judgment directing handing over minor daughter’s custody to mother in a Habeas Corpus petition
In a special leave petition filed against the impugned judgment and order passed by Telangana High Court, wherein the Court granted the custody of the minor daughter from the father to the mother, the division bench of Aniruddha Bose and Sanjay Karol, JJ. set aside that part of the High Court’s order granting custody of minor daughter from the father to the mother, and confirmed its interim order dated 27-09-2023, so far as the visitation right of the mother is concerned. Read more
[Pavan Kumar Kathuroju v State of Telangana, 2024 SCC OnLine SC 31]
Amendment of plaint
SC issues notice in SLP against Calcutta HC judgment on Amendment of plaint in pre-2002 suits
In a special leave petition (‘SLP’), filed against the Judgment and Order passed by the Calcutta High Court, wherein the Court upheld the decision of the Trial Court allowing amendment of plaint, the division bench of Aniruddha Bose and Sanjay Kumar, JJ. has issued notice. Read more
[Ranjan Das v. Dipankar Das, 2024 SCC OnLine SC 32]
UAPA
Supreme Court sets aside Delhi High Court order granting default bail to man accused under UAPA
In an appeal filed by the State against the order passed by the Delhi High Court, wherein the Court has granted default bail to the accused under Section 167(2) of the Code of Criminal Procedure, 1973 (‘CrPC’), the division bench of Vikram Nath* and Rajesh Bindal, JJ. while setting aside the impugned order, said that the High Court has committed an error in allowing the petition and granting default bail to the accused. Read more
[State of NCT Delhi v Raj Kumar, 2024 SCC OnLine SC 6]
Cheating case against wife
SC quashes cheating case against wife for forging husband’s signature on minor’s passport application; Imposes 1 Lakh costs on Husband
In an appeal against Karnataka High Court’s decision whereby, the Trial Court’s order dismissing the accused persons’ application under Section 239 of the Code of Criminal Procedure, 1973 (‘CrPC’), seeking discharge from the case under Sections 468, 471, 420, 120-B and 201 read with Section 34 of the IPC and Section 12(b) of the Passports Act, 1967, was upheld, the Division Bench of Surya Kant and Dipankar Datta, JJ. quashed the impugned First Information Report and set aside the Trial Court and High Court’s decision. Read more
[Mariam Fasihuddin v. State, 2024 SCC OnLine SC 58]
Hero Investcorp v. V.R. Holdings
Hero Investcorp v. V.R. Holdings | Supreme Court refuses to interfere with Delhi HC’s stay in Trade Mark rectification matter
In a Special Leave Petition under Article 136 of the Constitution of India by Hero Investcorp challenging the order passed by the Delhi High Court in V.R. Holdings v. Hero Investcorp Ltd., 2023 SCC OnLine Del 4673, the Bench of Dr. DY Chandrachud, CJI, J.B. Pardiwala and Manoj Misra, JJ. dismissed the same without interference. The Court granted liberty to Hero Investcorp to raise all the objections, including those raised in the SLP, after the appeal was finally disposed of. Read more
Teachers Unpaid Salary and arrears dating back to 1999
‘No blameworthy conduct found’; Supreme Court directs State to pay Teachers Unpaid Salary and arrears dating back to 1999
In an appeal against Allahabad High Court’s decision wherein the appellant-teachers’ appeal against non-payment of their salaries was dismissed, the Division Bench of J.K. Maheshwari and K.V. Viswanathan*, JJ. directed the State to pay the appellant teachers their unpaid salaries. Read more
[Radhey Shyam Yadav v. State of U.P., 2024 SCC OnLine SC 10]
Murder case
20 years on, Murder Convict walks free after Supreme Court finds ‘Yawning Gap’ in Prosecution’s Evidence
In a criminal appeal against Punjab and Haryana High Court’s Judgment, wherein, the convict’s appeal against conviction and life imprisonment for offence under Section 302 read with Section 34 of the Penal Code, 1860 (‘IPC’) was dismissed, the Division Bench of B.R. Gavai and PS Narasimha, JJ. allowed the appeal and acquitted the convict. Read more
[Pradeep Kumar v. State of Haryana, 2024 SCC OnLine SC 21]
Illegal Detention
Supreme Court rejects plea questioning an Indian’s detention in plot to kill pro-Khalistan lawyer GS Pannun
In a writ petition filed by an anonymous relative of an Indian man, questioning his ‘illegal detention’ in the Czech Republic in June 2023 on suspicion of planning to kill Khalistan sympathiser Gurpatwant Singh Pannun., the division bench of Sanjiv Khanna and Dipankar Datta, JJ. has declined to consider grant of consular access and legal aid to the accused to challenge his accusations and extradition. Read more
[X v Union of India, 2024 SCC OnLine SC 22]
Appointment
Appointment can’t be denied over Trivial and Bonafide error in DOB; SC directs State to treat Police Constable Applicant as “Passed”
In an appeal against Patna High Court’s decision, whereby an aspiring Police Constable’s petition to consider his appointment for the said post, as he was declared failed for an inadvertent error of wrong date of birth in the application form, was dismissed. The Division Bench of J.K Maheshwari and K.V Viswanathan*, JJ. held that the trivial error in the date of birth had no bearing on the selection and the appellant himself being oblivious of the error produced the educational certificates which reflected his correct date of birth. The Court directed the respondent-State to treat the appellant as “passed”, in the selection process with the correct date of birth as 18-12-1997. Read more
[Vashist Narayan Kumar v. State of Bihar, 2024 SCC OnLine SC 2]
Explainers
Cancellation of Deed is arbitrable being an action in personam: Supreme Court’s verdict explained
In an appeal against Trial Court and Bombay High Court’s decision, whereby, the respondent’s application under Section 8 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) for referring the matter to arbitration was allowed. A declaration was sought as to declare the Conveyance Deed as null and void, was referred to arbitration by the Bombay High Court, rejecting the appellants’ petition. The Division Bench comprising of Aniruddha Bose and Sudhanshu Dhulia, JJ. dismissed the appeal and held that the cancellation of deed is an action in personam, hence it is arbitrable. Read more
[Sushma Shivkumar Daga v. Madhurkumar Ramkrishnaji Bajaj, 2023 SCC OnLine SC 1683]
Explained| Supreme Court’s verdict on relevant date for determining candidate’s eligibility under Haryana Civil Service (Executive Branch) Rules
In an appeal against the order passed by the Division Bench of Punjab and Haryana High Court relating to recruitment and appointment to the posts in the Haryana Civil Service (Executive Branch), the division bench of MM Sundresh and Aravind Kumar*, JJ. while setting aside the impugned order and affirming the Single Judge order, held that as on the date of consideration, disciplinary action was contemplated against the respondent, therefore he was rightly held to be ineligible for selection of his name in Register A-1. Read more
[State of Haryana v. Dinesh Singh, 2023 SCC OnLine SC 1680]
Explained | Supreme Court’s verdict concerning allowances granted to judicial officers by Second National Judicial Pay Commission
In a writ petition concerning the allowances which have been granted to judicial officers and retired judicial officers by the Second National Judicial Pay Commission (‘SNJPC’), the three-Judge bench of Dr. DY Chandrachud*, CJI, JB Pardiwala and Manoj Misra, JJ. While accepting the recommendations of SNJPC, directed the constitution of a ‘Committee for Service Conditions of the District Judiciary’ in each High Court for overseeing the implementation of the recommendations of the SNJPC. Further, it directed that the disbursements on account of arrears of salary, pension and allowances due and payable to judicial officers, retired judicial officers and family pensioners shall be computed and paid on or before 29-02-2024. Read more
[All India Judges Association v Union of India, 2024 SCC OnLine SC 27]
Explained| SC verdict on inconsistency between penal provisions under Food Adulteration Act and Food Safety & Standards Act
In an appeal against the order passed by Madhya Pradesh High Court, wherein the Court held that there is no inconsistency between the penal provisions relating to misbranding under the Prevention of Food Adulteration Act, 1954 (‘the PFA’) and Food Safety and Standards Act, 2006 (‘the FSSA’) division bench of Abhay S. Oka* and Sanjay Karol, JJ. while setting aside the impugned judgment and order and quashing the criminal proceedings pending before the Special Judicial Magistrate, held that the FSSA will override the PFA to the extent of their inconsistency. Thus, as per the provisions of the FSSA, the violator who indulges in misbranding cannot be punished under the PFA and will be liable to pay penalty under Section 52 of the FSSA. Read more
[Manik Hiru Jhangiani v. State of M.P., 2023 SCC OnLine SC 1678]
Explained| Supreme Court’s verdict on master and servant relationship following suspension
In an appeal filed by the workman/ appellant against the order passed by the Division Bench of Delhi High Court, wherein the Court upheld the Single Judge order setting aside the Tribunal’s award directing Punjab National Bank (‘PNB’) to reinstate the workman/ appellant with full back wages along with interest and consequential benefits, the division bench of Hima Kohli and Rajesh Bindal, JJ. while upholding the impugned order, said that as per Clause XVI in the Bipartite Agreement the workman could have been treated to have been voluntarily retired immediately upon expiry of 90 days from 28-09-1983 as he had failed to join duty. Despite this, the Bank was magnanimous enough to have issued a final notice to the workman granting him 30 days’ time to report for duty. Read more
[U.P. Singh v. Punjab National Bank, 2023 SCC OnLine SC 1681]
‘Set-off inapplicable to CIRP under IBC’; Supreme Court verdict on Right to claim Set-off in Corporate Insolvency Resolution Process, explained
In a set of two appeals, by Bharti Airtel, a question was raised as to right to claim set-off in the Corporate Insolvency Resolution Process, when the Resolution Professional proceeds in terms of clause (a) to sub-section (2) of Section 25 of the Insolvency and Bankruptcy Code, 2016, (‘IBC’) to take custody and control of all the assets of the corporate debtor, Sanjiv Khanna* and S.V.N Bhatti, JJ. dismissed the appeals and held that if the Resolution Professional proceeds in terms of Section 25 and secures the assets from the creditors, the creditors would not be entitled to claim set-off during the course of the Corporate Insolvency Resolution Process. Read more
[Bharti Airtel Ltd. v. Vijaykumar V. Iyer, 2024 SCC OnLine SC 4]
Never Reported Judgments
Maintenance for Hindu widows in joint family property does not necessarily include conveyance of property in their favour
In an appeal filed by the appellants to challenge the judgment passed by the High Court, the three-judges bench of M.C. Mahajan*, S.R Das, and N.H. Bhagwati, JJ., opined that when a provision was made for the maintenance of Hindu widows or other females entitled to maintenance, they were just put in possession of the properties, and were allowed to exercise rights on them as maintenance-holders. Such an arrangement did not necessarily involve a conveyance of property in their favour. The Supreme Court opined that the High Court was right when it found that “in view of the fact that the ladies were the childless widows of his predeceased son, the arrangement made by him could not have been intended by him to endure beyond their lives, that the arrangement was that the said ladies were to enjoy the usufruct of the properties, thus given to them for their lives and that an absolute estate in these ladies was unthinkable seeing that the properties given to the daughters-in-law were considerable”. Thus, the Supreme Court dismissed the appeal. Read more
[Bepin Behari Ray v. Rakhal Krishna Hazra, (1952) 2 SCC 478]
Claim of adverse possession cannot be sustained on basis of discontinuous and irregular acts
Appellants filed an appeal against the judgment and decree passed by the Allahabad High Court (‘High Court’) allowing the appeal and setting aside the decree passed by the Civil Judge of Benares in favour of appellants. Appellants had originally filed a suit for recovery of possession of property and permanent injunction against respondents. The Division Bench of M.C. Mahajan and N.H. Bhagwati*, JJ., held that appellants proved their title by adducing evidence showing continuity in their title. The Supreme Court opined that documents such as khasra were signed and counter-signed by the competent authorities, hence, would become eligible to be admitted as evidence. Read more
[Krishna Dhan Mullick v. Ummatul Zohra Begum, (1952) 2 SCC 468]
Circumstantial evidence must be very strong and conclusive for conviction in murder case
In an appeal filed by the appellant seeking to challenge the order passed by the High Court, the Division Bench of Mehr Chand Mahajan* and N.H. Bhagwati, JJ., opined that the evidence that were provided, were so hopelessly discrepant and contradictory that no reliance could be placed on it. Further, the story given by all these witnesses, differed from witness to witness and it was not possible to accept it. The Supreme Court opined that there was no direct evidence connecting the appellant with the murder of the deceased girl and the circumstantial evidence in the present case was wholly of unsatisfactory character. The Supreme Court opined that it was settled that circumstantial evidence had to be very strong and of a conclusive character before a conviction could be based on a murder charge. Thus, the Supreme Court opined that the High Court had erred in holding that the circumstantial evidence was sufficient to prove the guilt of the appellant, and accordingly set aside the order of the High Court and acquitted the appellant. Read more
[Shaik Chand v. State of Hyderabad, (1952) 2 SCC 491]
Conviction u/s 420 of IPC made out when cheating/dishonest inducement to take delivery of property is proved on transaction date, not on subsequent dates
Appellant was charged that he along with his son, on or about 21-07-1947 at Farrukhabad, Nabipur and Fatehgarh, cheated complainant’s master by fraudulently making him believe that they would pay the price of the potatoes which he might deliver to them and by this fraud, made him give them 181 bags valued at Rs 4300 and thereby committed an offence punishable under Section 420 of the Penal Code, 1860 (‘IPC’). The 3-Judges Bench of M.C. Mahajan, S.R. Das, and N.H. Bhagwati*, JJ., opined that appellant’s son was responsible for cheating and appellant was sought to be implicated in this affair because he was the father and it appeared to have been thought by the complainant that if pressure was applied to appellant, he would pay the money. The Supreme Court concluded that criminal prosecution launched against appellant was without any foundation and therefore, it allowed the appeal, quashed the conviction and the sentence passed upon appellant by the courts below and acquitted him. Read more
[Raghunandan Lal v. State of U.P., (1952) 2 SCC 486]
Trending in News
[Mass Religious conversion case] Supreme Court extends interim protection from arrest to SHUATS VC and other officials Read more
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Cipher Case| Special Court sentences Former Pakistan PM Imran Khan and former Foreign Minister Shah Mahmood Qureshi to 10 years’ prison Read more
Supreme Court enters Diamond Jubilee Year: Key Highlights from Inaugural Event Read more
Judge vs Judge: Supreme Court transfers Fake Caste Certificates Case from Calcutta High Court to itself Read more
Justice Sanjiv Khanna launches NALSA Campaign for identification and legal assistance for juveniles in prisons. Read more
UP Halal Ban | Supreme Court grants interim protection to Jamiat Chief Mahmood Madani against coercive action. Read more
Supreme Court | No bail for Sanjay Chhabria in Yes Bank money laundering case. Read more
Supreme Court cancels Kapil Wadhawan’s statutory bail in multi-crore Bank Fraud Case. Read more
[Kheda Public Flogging Case] Supreme Court stays contempt proceedings against 4 police officers sentenced to 14 days imprisonment by Gujarat HC. Read more
Supreme Court seeks UP Govt’s response on MLA Abbas Ansari’s bail plea in arms license case. Read more
Supreme Court directs TN Govt not to summarily reject requests of Pran Pratishtha Live stream without reasons. Read more
Supreme Court designates 56 Senior Advocates with effect from 19-01-2024. Read more
[Bilkis Bano Gang Rape Case] Supreme Court rejects plea by 11 convicts seeking extension of time to surrender before jail authorities. Read more
Supreme Court to hear AAP and Gandhi family’s pleas challenging transfer of tax assessments to Central Circle. Read more
Supreme Court permits cleaning of Gyanvapi mosque’s ‘wazukhana’ which was sealed for nearly two years. Read more
[Krishna Janmabhoomi-Shahi Eidgah Mosque case] Supreme Court stays Allahabad HC order appointing Commissioner for inspecting mosque. Read more
Supreme Court adjourns Umar Khalid’s bail plea in Delhi Riots case to January 24. Read more
LIFE Mission Corruption Case| Supreme Court extends interim bail granted to CM Pinarayi Vijayan’s former principal secretary IAS M. Sivasankar. Read more
2013 Narendra Dabholkar Murder | SC refuses to interfere with Bombay HC’s order discontinuing Court monitored probe. Read more
No ground to transfer investigation from SEBI to SIT: Supreme Court in Adani-Hindenburg Case Verdict. Read more
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SCC Weekly
Know Thy Judge
Appointments
Justice Prasanna Bhalachandra Varale takes oath as Judge of Supreme Court of India
