Important Judgment of Supreme Court the year 2022(Part 4)

 

1) Whether court can convict the accused on the basis of his videographic confession made before police?

 IN THE SUPREME COURT OF INDIA

Criminal Appeal Nos. 1597-1600 of 2022 

Decided On: 30.09.2022

Munikrishna and Ors. Vs.  State by Ulsoor PS

Hon'ble Judges/Coram:

U.U. Lalit, C.J.I., S. Ravindra Bhat and Sudhanshu Dhulia, JJ.

Author: Sudhanshu Dhulia, J.

Citation: MANU/SC/1289/2022

https://www.lawweb.in/2022/10/whether-court-can-convict-accused-on.html

2) Whether the court should reject the plaint if there is no specific pleading regarding fraud?

 REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 500 OF 2022

C.S. Ramaswamy  Vs V.K. Senthil & Ors. 

Author: M.R. SHAH, J.

Dated: SEPTEMBER 30, 2022.

https://www.lawweb.in/2022/10/whether-court-should-reject-plaint-if.html

3) Whether offence of dishonour of cheque is made out against the accused if he has made part payment of cheque amount after dishonour of cheque?

Reportable

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

Criminal Appeal No. 1497 of 2022

Dashrathbhai Trikambhai Patel  Vs. Hitesh Mahendrabhai Patel & Anr. 

Author: Dr Dhananjaya Y Chandrachud, J

Citation: October 11, 2022

https://www.lawweb.in/2022/10/whether-offence-of-dishonour-of-cheque.html

4) Supreme court: Failure To Produce Accused Before The Court While Considering Application For Extension Of Time For Investigation Amounts To Violation Of Fundamental Right

N THE SUPREME COURT OF INDIA

 CRIMINAL APPELLATE JURISDICTION 

Jigar @ Jimmy Pravinchandra Adatiya v. State of Gujarat

Coram: AJAY RASTOGI; J., ABHAY S. OKA; J. 

Author: Abhay S. Oka, J.

Dated: September 23, 2022. 

https://www.lawweb.in/2022/10/supreme-court-failure-to-produce.html

5) Supreme Court: Income Tax Returns And Audit Reports Are Reliable Evidence To Determine Income Of Deceased in motor accident claim petition

wherein this court has held that documents such as income tax

returns and audit reports are reliable evidence to determine the

income of the deceased. Hence, we are obliged to modify the

compensation, especially when neither any additional evidence has been produced to showcase that the income of the Deceased was contrary to the amount mentioned in the audit reports nor it is the stand taken by the Insurance Company that the said reports inflated the income. {Para 14}

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.7046 OF 2022

K. Ramya & Ors. Vs National Insurance Co. Ltd. & Anr.

Author: Surya Kant, J.

DATED: 30.09.2022

https://www.lawweb.in/2022/10/supreme-court-income-tax-returns-and.html

6) Whether Issue Of Limitation Can Be Determined As A Preliminary Issue If It Can Be Decided On Admitted Facts?

In a case, question of limitation can be decided based on admitted facts, it can be decided as a preliminary issue under Order 14 Rule 2(2)(b). Once facts are disputed about limitation, the determination of the question of limitation also cannot be made under Order 14 Rule 2(2) as a preliminary issue or any other such issue of law which requires examination of the disputed facts. In case of dispute as to facts, is necessary to be determined to give a finding on a question of law. Such question cannot be decided as a preliminary issue. In a case, the question of jurisdiction also depends upon the proof of facts which are disputed and the question of law is dependent upon the outcome of the investigation of the facts, such question of law cannot be decided as a preliminary issue, is settled proposition of law either before the amendment of CPC and post amendment in the year 1976.”

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

CIVIL APPEAL NO.10834 OF 2010

SUKHBIRI DEVI & ORS. Vs UNION OF INDIA & ORS.

Coram: AJAY RASTOGI; J., C.T. RAVIKUMAR; J.

Author: C.T. RAVIKUMAR, J.

Dated:  September 29, 2022

https://www.lawweb.in/2022/10/whether-issue-of-limitation-can-be.html

7) Whether the court can refuse to grant relief of permanent injunction if it is claimed on the basis of unregistered agreement of sell?

Therefore, the plaintiff cannot get the relief even for permanent injunction on the basis of such an unregistered document/agreement to sell, more particularly when the defendant specifically filed the counter-claim for getting back the possession which was allowed by the learned trial Court.

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 6733 OF 2022

Balram Singh  Vs Kelo Devi 

Author: M.R. SHAH, J.

Dated: SEPTEMBER 23, 2022.

https://www.lawweb.in/2022/09/whether-court-can-refuse-to-grant.html

8) Whether it is necessary to hear accused in preliminary inquiry U/S 340 of CRPC?

 We have little doubt that there is no

question of opportunity of hearing in a scenario of

this nature and we say nothing else but that a law

as enunciated by the Constitution Bench in Iqbal

Singh Marwah’s case (supra) is in line with what was

observed in Pritish’case (supra).

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 335/2020

THE STATE OF PUNJAB Vs  JASBIR SINGH 

Dated: SEPTEMBER 15, 2022.

https://www.lawweb.in/2022/09/whether-it-is-necessary-to-hear-accused_22.html

9) Whether suit for perpetual or mandatory injunction is to be valued as per market value of immovable property involved in it?

 It is apparent on the face of the record that despite unquestionable principle of law that such a suit for mandatory and prohibitory injunction is not required to be valued at the market value of the property, the High Court has relied only upon the market value of the property to hold the valuation of the present suit to be "arbitrary". Such a conclusion of the High Court neither stands in conformity with law nor with the frame and the nature of the present suit. {Para 10}

 IN THE SUPREME COURT OF INDIA

Civil Appeal No. 4577 of 2022 

Decided On: 16.06.2022

 Bharat Bhushan Gupta   Vs.  Pratap Narain Verma and Ors.

Hon'ble Judges/Coram:

Dinesh Maheshwari and Vikram Nath, JJ.

Author: Dinesh Maheshwari, J.

Citation: MANU/SC/0783/2022,2022 ALL SCR 1485

https://www.lawweb.in/2022/09/whether-suit-for-perpetual-or-mandatory.html

9) When the court should not grant stay to the order of municipal commissioner for demolition of dangerous building?

 IN THE SUPREME COURT OF INDIA

Civil Appeal No. 5825 of 2022.

Ratilal S. Pujara (since deceased) thr. his L.Rs. and Ors. Vs.

Municipal Commissioner, Municipal Corporation of Greater Mumbai and Ors.

Hon'ble Judges/Coram:

N.V. Ramana, C.J.I., Krishna Murari and Hima Kohli, JJ.

Author: Krishna Murari, J.

Decided On: 25.08.2022

Citation: MANU/SC/1068/2022

https://www.lawweb.in/2022/09/when-court-should-not-grant-stay-to.html

10) How to ascertain that a person was dealing with stolen property?

 To establish that a person is dealing with stolen property, the "believe" factor of the person is of stellar import. For successful prosecution, it is not enough to prove that the Accused was either negligent or that he had a cause to think that the property was stolen, or that he failed to make enough inquiries to comprehend the nature of the goods procured by him. The initial possession of the goods in question may not be illegal but retaining those with the knowledge that it was stolen property, makes it culpable.

{Para 15}

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 1503 of 2022 

Shiv Kumar   Vs. The State of Madhya Pradesh

Hon'ble Judges/Coram:

K.M. Joseph and Hrishikesh Roy, JJ.

Author: Hrishikesh Roy, J.

Decided On: 07.09.2022

Citation: MANU/SC/1114/2022

https://www.lawweb.in/2022/09/how-to-ascertain-that-person-was.html

11) Can the court convict the accused for an offence of criminal conspiracy if there is no physical manifestation of agreement to commit the crime?

13. ...The most important ingredient of the offence being the agreement between two or more persons to do an illegal act. In a case where criminal conspiracy is alleged, the court must inquire whether the two persons are independently pursuing the same end or they have come together to pursue the unlawful object. The former does not render them conspirators but the latter does. For the offence of conspiracy some kind of physical manifestation of agreement is required to be established. The express agreement need not be proved.

 IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 1066 of 2010

Decided On: 25.08.2022

 Ram Sharan Chaturvedi Vs.  The State of Madhya Pradesh

Hon'ble Judges/Coram:

B.R. Gavai and Pamidighantam Sri Narasimha, JJ.

Author: Pamidighantam Sri Narasimha, J.

Citation: MANU/SC/1048/2022

https://www.lawweb.in/2022/09/can-court-convict-accused-for-offence.html

12) Whether the court can impose punishment less than life imprisonment after convicting accused for murder?

The punishment for murder under Section 302 IPC shall be death or imprisonment for life and fine. Therefore, the minimum sentence provided for the offence punishable under Section 302 IPC would be imprisonment for life and fine. There cannot be any sentence/punishment less than imprisonment for life, if an accused is convicted for the offence punishable under Section 302 IPC. Any punishment less than the imprisonment for life for the offence punishable under Section 302 would be contrary to Section 302 IPC.

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

M.R. SHAH; J., KRISHNA MURARI; J.

CRIMINAL APPEAL NO. 1356 OF 2022; 

The State of Madhya Pradesh Vs Nandu @ Nandua

Author: M.R. SHAH, J.

Dated: SEPTEMBER 02, 2022

https://www.lawweb.in/2022/09/whether-court-can-impose-punishment.html

13) Whether Civil Suit Claiming Reliefs Beyond Scope Of The MHADA Act Which Bars Jurisdiction of Civil court Is Maintainable?

The reliefs claimed by the Appellant are beyond the scope of the Act. A suit of this nature will be maintainable before the civil court and would not be barred by Section 71 or Section 177 of the Act.

{Para 16}

 IN THE SUPREME COURT OF INDIA

Civil Appeal No. 5216 of 2022

Decided On: 08.08.2022

 Rajani  Vs.  Smita and Ors.

Hon'ble Judges/Coram:

Dr. D.Y. Chandrachud and A.S. Bopanna, JJ.

Author: Dr. D.Y. Chandrachud, J.

Citation: MANU/SC/1021/2022

https://www.lawweb.in/2022/09/whether-civil-suit-claiming-reliefs.html

14) Supreme court guidelines for Judgment writing

In this connection, my advice (for what it is worth) is to keep your language and your sentence construction simple. Write in short sentences and do not try to pack too many ideas into a single sentence. Particularly in setting out facts, try to maintain a simple, straightforward flow to your narrative. Try to avoid the repetition of words or phrases and observe the normal Rules of grammar. A well-known exponent of simple language and the simple sentence was Lord Denning.

 IN THE SUPREME COURT OF INDIA

Civil Appeal No. 5305 of 2022

Decided On: 16.08.2022

State Bank of India and Ors. Vs. Ajay Kumar Sood

Hon'ble Judges/Coram:

Dr. D.Y. Chandrachud and A.S. Bopanna, JJ.

Author: Dr. D.Y. Chandrachud, J.

Citation: MANU/SC/1040/2022

https://www.lawweb.in/2022/09/supreme-court-guidelines-for-judgment.html

15) Supreme Court Declares Section 3(2) Of Benami Transactions Prohibition Act As Unconstitutional; 2016 Amendment Act To Have Only Prospective Effect

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 5783 of 2022 

Union of India (UOI) and Ors. Vs. Ganpati Dealcom Pvt. Ltd.

Hon'ble Judges/Coram:

N.V. Ramana, C.J.I., Krishna Murari and Hima Kohli, JJ.

Decided On: 23.08.2022

Citation: MANU/SC/1028/2022.

https://www.lawweb.in/2022/09/supreme-court-declares-section-32-of.html

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