Important Judgment of Supreme Court of the year 2022(Part 1)

 

1) What is principle of three probabilities in relation to S 27 of Evidence Act?

26. We too countenance three possibilities when an accused points out the place where a dead body or an incriminating material was concealed without stating that it was conceded by himself.

One is that he himself would have concealed it. Second is that he would have seen somebody else concealing it. And the third is that he would have been told by another person that it was concealed there. But if the accused declines to tell the criminal court that his knowledge about the concealment was on account of one of the last two possibilities the criminal court can presume that it was concealed by the accused himself. This is because accused is the only person who can offer the explanation as to how else he came to know of such concealment and if he chooses to refrain from telling the court as to how else he came to know of it, the presumption is a well justified course to be adopted by the criminal court that the concealment was made by himself.

Such an interpretation is not inconsistent with the principle embodied in Section 27 of the Evidence Act.

 IN THE SUPREME COURT OF INDIA

Crl.A. Nos. 1092-93 of 1998

Decided On: 10.12.1999

State of Maharashtra  Vs. Suresh

Hon'ble Judges/Coram:

G.T. Nanavati and K.T. Thomas, JJ.

Citation: ( 2000 ) 1 SCC 471

Author: K.T. Thomas, J.

https://www.lawweb.in/2022/12/what-is-principle-of-three.html

2) Whether the court should acquit public servant in the case of Prevention of Corruption Act if the Complainant Dies or Turns Hostile?

 (f) In the event the complainant turns ‘hostile’, or has died or is unavailable to let in his evidence during trial, demand of illegal gratification can be proved by letting in the evidence of any other witness who can again let in evidence, either orally or by documentary evidence or the prosecution can prove the case by circumstantial evidence. The trial does not abate nor does it result in an order of acquittal of the accused public servant.

 In the Supreme Court of India

(Before S. Abdul Nazeer, B.R. Gavai, A.S. Bopanna, V. Ramasubramanian and B.V. Nagarathna, JJ.)

Criminal Appeal No. 1669 of 2009

Neeraj Dutta Vs  State (Govt. of N.C.T. of Delhi) 

Decided on December 15, 2022

Citation: 2022 SCC OnLine SC 1724

Read full Judgment here: Click here

https://www.lawweb.in/2022/12/whether-court-should-acquit-public.html

3) Supreme Court: Set-Off Under Section 428 CrPC Can't Be Claimed For Detention Undergone For Offence In Foreign Country

 IN THE SUPREME COURT OF INDIA

Criminal Appeal Nos. 679 of 2015 and 180/2018

Decided On: 11.07.2022

Abu Salem Abdul Kayyum Ansari Vs. The State of Maharashtra

Hon'ble Judges/Coram:

Sanjay Kishan Kaul and M.M. Sundresh, JJ.

Author: Sanjay Kishan Kaul, J.

Citation: MANU/SC/0870/2022

https://www.lawweb.in/2022/12/supreme-court-set-off-under-section-428.html

4) Can the court refuse default bail to the accused if the prosecution files a second complaint after filing the bail application by the accused?

18.2 The right to be released on default bail continues to remain enforceable if the Accused has applied for such bail, notwithstanding pendency of the bail application; or subsequent filing of the chargesheet or a report seeking extension of time by the prosecution before the Court; or filing of the chargesheet during the interregnum when challenge to the rejection of the bail application is pending before a higher Court.

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 699 of 2020 

Decided On: 26.10.2020

M. Ravindran  Vs. The Intelligence Officer, Directorate of Revenue Intelligence

Hon'ble Judges/Coram:

U.U. Lalit, Mohan M. Shantanagoudar and Vineet Saran, JJ.

Author: Mohan M. Shantanagoudar, J.

Citation: AIR 2020 SC 5245,MANU / SC / 0788 / 2020,

( 2021 ) 2 SCC 485

https://www.lawweb.in/2022/12/can-court-refuse-default-bail-to.html

5) Supreme Court: Insurance Policy Condition Barring Filing Of Claim After Specified Time Period Void Contrary To Section 28 Contract Act

IN THE SUPREME COURT OF INDIA

 Special Leave to Appeal (C) No(s). 3978/2022; 

 THE ORIENTAL INSURANCE COMPANY LIMITED Vs SANJESH & ANR.

HEMANT GUPTA; V. RAMASUBRAMANIAN, JJ.

Dated: 11-03-2022

https://www.lawweb.in/2022/12/supreme-court-insurance-policy.html

6) Supreme Court : The court can give Protected Witness's Statement With Identity Redacted to accused as per S 207 of CRPC

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL No.237 OF 2022

WAHEED-UR-REHMAN PARRA  Vs UNION TERRITORY OF JAMMU & KASHMIR

Sanjay Kishan Kaul; M.M. Sundresh, JJ.

Author: SANJAY KISHAN KAUL, J.

February 25, 2022

https://www.lawweb.in/2022/12/supreme-court-court-can-give-protected.html

7) Supreme Court: Section 17A of Prevention of Corruption Act Not Retrospective; Not Applicable To FIRs Before 2018 Amendment

 IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1647 OF 2021

STATE OF RAJASTHAN Vs TEJMAL CHOUDHARY 

Author: INDIRA BANERJEE, J.

Dated: December 16, 2021.

https://www.lawweb.in/2022/12/supreme-court-section-17a-of-prevention.html

8) Supreme Court Expands Definition Of Vulnerable Witnesses

IN THE SUPREME COURT OF INDIA

 CRIMINAL APPELLATE JURISDICTION

 DR DHANANJAYA Y CHANDRACHUD; SURYA KANT, JJ.

Miscellaneous Application No 1852 of 2019 in Criminal Appeal No 1101 of 2019

 Smruti Tukaram Badade Vs State of Maharashtra & Anr.

Author:Dr Dhananjaya Y Chandrachud, J

Dated: January 11, 2022 

https://www.lawweb.in/2022/12/supreme-court-expands-definition-of.html

9) What is basic concept of doctrine of ultra vires and how it is applicable to delegated legislation?

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS. 9252-9253 OF 20222

KERALA STATE ELECTRICITY  BOARD & ORS.

Vs  THOMAS JOSEPH ALIAS  THOMAS M. J. & ORS.

Author: J.B. PARDIWALA, J.,

Date: December 16, 2022.

https://www.lawweb.in/2022/12/what-is-basic-concept-of-doctrine-of.html

10) Can a Senior citizen get back his property if his children refuse to maintain him if he had unconditionally transferred his property to them?

 IN THE SUPREME COURT OF INDIA

Civil Appeal No. 174 of 2021

Decided On: 06.12.2022

 Sudesh Chhikara  Vs.  Ramti Devi and Ors.

Hon'ble Judges/Coram:

Sanjay Kishan Kaul and Abhay Shreeniwas Oka, JJ.

Author: Abhay Shreeniwas Oka, J.

Citation: MANU/SC/1581/2022

https://www.lawweb.in/2022/12/can-senior-citizen-get-back-his.html

11) Whether land acquisition shall be deemed to have been lapsed if authorities can not take possession of the acquired land due to pending litigation?

 IN THE SUPREME COURT OF INDIA

Civil Appeal No. 8197 of 2022 

Decided On: 02.12.2022

 Land Acquisition Collector (South), New Delhi and Ors.Vs.  Suresh B. Kapur and Ors.

Hon'ble Judges/Coram:

M.R. Shah and M.M. Sundresh, JJ.

Author: M.R. Shah, J.

Citation: MANU/SC/1562/2022

https://www.lawweb.in/2022/12/whether-land-acquisition-shall-be.html

12) Constitution Bench Judgment of Supreme Court: Guidelines for exercise of power U/S 319 of CRPC

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 885 of 2019, 

Decided On: 05.12.2022

 Sukhpal Singh Khaira  Vs. The State of Punjab

Hon'ble Judges/Coram:

S. Abdul Nazeer, B.R. Gavai, A.S. Bopanna, V. Ramasubramanian and B.V. Nagarathna, JJ.

Author:A.S. Bopanna, J.

Citation: MANU/SC/1577/2022.

Read full Judgment here: Click here

https://www.lawweb.in/2022/12/supreme-court-guidelines-for-exercise.html

13) Whether injured person can be contradicted with his dying declaration treating it as his previous statement?

 The Executive Magistrate had purportedly recorded a statement of P.W.1 Jagannath in the form of a dying declaration. In view of Section 157 of the Indian Evidence Act, 1872 the so-called dying declaration can be treated as a former statement made by P.W.1 and, therefore, the same can be used for contradicting the witness. When P.W.1 Jagannath was confronted with a portion of hisstatement at Ex.D-2, he accepted that the statement does not refer to the presence of accused nos.1, 3, 7, 8 and 9. {Para 7}

 NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.162 of 2010

Ramcharan (Dead) & Anr. Vs State of Madhya Pradesh 

Author: Abhay S. Oka, J.

Dated: December 07, 2022.

https://www.lawweb.in/2022/12/whether-injured-person-can-be.html

14) Whether High court can quash prosecution under The prevention of Corruption Act if there is compromise between victim and accused?

IN THE SUPREME COURT OF INDIA 

CRIMINAL APPELLATE JURISDICTION 

CRIMINAL APPEAL NO. 1514 OF 2022 

 P. DHARAMARAJ Vs SHANMUGAM & ORS.

Coram: S. ABDUL NAZEER; J., V. RAMASUBRAMANIAN; J. 

Author: V. RAMASUBRAMANIAN, J.

Dated: September 8, 2022

https://www.lawweb.in/2022/12/whether-high-court-can-quash.html

15 Supreme Court: The expression "known sources of income" occurring in Section 5(1)(e) of The prevention of Corruption Act mean the sources known to the prosecution and not sources relied upon and known to the accused.

IN THE SUPREME COURT OF INDIA 

CRIMINAL APPELLATE JURISDICTION

 CRIMINAL APPEAL NOS. 1452 – 1453 OF 2022 

STATE Vs  R. SOUNDIRARASU ETC.

 Coram: DINESH MAHESHWARI; J., J.B. PARDIWALA; J.

Author: J.B. PARDIWALA, J.

Dated: SEPTEMBER 5, 2022.

Read full Judgment here: Click here

https://www.lawweb.in/2022/12/supreme-court-expression-known-sources.html

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