Court : Supreme Court of India
Decided on : Sep-15-2017
..... to section 176(1a) of the code of criminal procedure, 1973 which mandates that where there is a death or disappearance from the custody of the police or any other custody authorized by a magistrate or a court, in addition to the inquiry or investigation held by the police, an inquiry shall be held by the judicial magistrate or the metropolitan magistrate, as the case may be, within whose local jurisdiction the offence has been committed.3 it was submitted that in 3 176. inquiry by magistrate into cause of death. (1) when the case is of the nature referred to in clause (i) or clause (ii) of sub-section (3) of section 174, the nearest magistrate empowered to hold inquests shall, and in any other case mentioned in sub-section (1) of section 174, any magistrate so empowered may hold an inquiry into the cause of death ..... either instead of, or in addition to, the investigation held by the police officer; and if he does so, he shall have all the powers in conducting it which he would have in holding an inquiry into an offence. (1a) where, (a) any person dies .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-15-2017
1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1099 OF2017(Arising out of SLP(Crl.) No.6474 of 2016) TEESTA ATUL SETALVAD :Versus: THE STATE OF GUJARAT WITH Appellant(s) Respondent(s) CRIMINAL APPEAL No.1083 OF2017(Arising out of SLP(Crl.) No.6477 of 2016) JAVED IFTEKHER AHMED ANAND Appellant(s) :Versus: THE STATE OF GUJARAT & ORS. Respondent(s) AND CRIMINAL APPEAL No.1084 OF2017(Arising out of SLP(Crl.) No.6476 of 2016) CITIZENS FOR JUSTICE & PEACE :Versus: Appellant(s) THE STATE OF GUJARAT & ORS. Respondent(s) AND CRIMINAL APPEAL No.1085 OF2017(Arising out of SLP(Crl.) No.6475 of 2016) SABRANG TRUST :Versus: Appellant(s) THE STATE OF GUJARAT & ORS. Respondent(s) A.M. Khanwilkar, J.2 JUDGMENT1 The common question posed in these appeals centres around the sweep, purport and applicability of Section 102 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code), which reads thus:102. Power of police officer to seize certa...
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-15-2017
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.15135 OF2017MACQUARIE BANK LIMITED APPELLANT VERSUS SHILPI CABLE TECHNOLOGIES LTD. ...RESPONDENT WITH CIVIL APPEAL NO.15481 OF2017CIVIL APPEAL NO.15447 OF2017JUDGMENT R.F. Nariman, J.1. The present appeals raise two important questions which arise under the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the Code). The first question is whether, in relation to an operational debt, the provision contained in Section 9(3)(c) of the Code is mandatory; and 1 secondly, whether a demand notice of an unpaid operational debt can be issued by a lawyer on behalf of the operational creditor.2. The facts contained in the three appeals are similar. For the purpose of this judgment, the facts contained in Civil Appeal No.15481 of 2017 will now be set out. Hamera International Private Limited executed an agreement with the appellant, Macquarie Bank Limited, Singapore, on 27.7.2015, by which the appe...
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-14-2017
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1093 OF2006The State of Jharkhand & Ors. ...Appellant(s) Versus M/s Hindustan Construction Co. Ltd. Respondent(s) Dipak Misra, CJI JUDGMENT A two-Judge Bench while hearing the present appeal found that there is difference of opinion in relation to the entertainability of an application by this Court for making an award passed by the arbitral tribunal, when it retains seisin over arbitral proceeding, as Rule of the Court and, therefore, referred the matter to the larger Bench for decision on the following question:- 2 Whether this Court can entertain an application for making the award as Rule of the Court, even if it retains seisin over arbitral proceedings?.2. The narration of the facts in detail is not necessary to answer the reference. Suffice it to state that as disputes had arisen between the parties, the matter was referred to an arbitrator for adjudication of the disputes and during the said ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-14-2017
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.2178 OF2017(Arising out of S.L.P.(Crl.)No.8030 of 2017) Madan Mohan .Appellant(s) VERSUS State of Rajasthan & Ors. .Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1)2) Leave granted. This appeal is filed by the Complainant against the final judgment and order dated 28.04.2017 passed by the High Court of Judicature for Rajasthan at Jaipur in S.B. Criminal Revision Petition No.477 of 2017 whereby the High Court partly allowed the 1 criminal revision petition filed by respondent Nos.2 and 3 herein and set aside that part of the order dated 19.11.2016 passed by the Sessions Judge, Sawai Madhopur in Session Trial No.44/2016 whereby the Session Judge while allowing the application filed under Section 193 of the Criminal Procedure Code, 1973 (hereinafter referred to as the Code) by the appellant (Complainant) issued non-bailable warrants against respondent Nos. 2 & 3 for their arrest.3) The facts of the...
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-14-2017
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.2188 OF2017(Arising out of S.L.P.(Crl.)No.9672 of 2017) Prem Giri .Appellant(s) VERSUS State of Rajasthan .Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1)2) Leave granted. This appeal is filed against the final judgment and order dated 22.11.2017 passed by the High Court of Judicature for Rajasthan at Jodhpur in S.B. Criminal Misc. Bail No.9471 of 2017 whereby the Single Judge of the High Court dismissed the bail 1 application filed under Section 438 of the Code of Criminal Procedure, 1973(hereinafter referred to as the Code) by the appellant herein.3) Facts of the case lie in a narrow compass. They, however, need mention infra to appreciate the short issue involved in the case.4) The appellant apprehending his arrest in connection with commission of the offences punishable under Sections 143, 341, 323, 308, 332 and 353 of the Indian Penal Code, 1860 (hereinafter referred to as the IPC) pursuan...
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-11-2017
IN THE SUPREME COURT OF INDIA REPORTABLE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 2152-2153 OF2017(Arising out of Special Leave Petition (Crl.) Nos. 9783-9784 OF2017 Diary No.38240 of 2017 Barun Chandra Thakur .... Appellant(s) Versus Central Bureau of Investigation and Others. .... Respondent(s) ORDER R.K. Agrawal, J.1) Leave granted.2) The present appeal is directed against the judgment and order dated 21.11.2017 passed by the High Court of Punjab & Haryana at Chandigarh in Criminal Miscellaneous Nos. M-35002 and 35003 of 2017 whereby learned single Judge of the High Court had granted interim bail to Mr. Ryan Pinto, Dr. Augustine Francis Pinto and Mrs. Grace Pinto-the top management executive of the Ryan International School till the presentation of challan subject to certain conditions. 13) Brief facts: (a) On 08.09.2017, the appellant herein dropped his son Pradyumn Thakur, aged 7 years, and his daughter, Vidhi Thakur to their School, viz., Ryan International School, Bh...
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-07-2017
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION REPORTABLE CRIMINAL APPEAL No.2114 OF2017(Arising out of Special Leave Petition (Crl.)No.8279 of 2016) NITYA DHARMANANDA @ K. LENIN & ANR. APPELLANT(S) VERSUS SRI GOPAL SHEELUM REDDY ALSO KNOWN AS NITHYA BHAKTANANDA AND ANR. RESPONDENT(S) WITH CRIMINAL APPEAL No.2115 OF2017(Arising out of Special Leave Petition (Crl.)No.1176 of 2017) STATE OF KARNATAKA APPELLANT(S) VERSUS GOPAL SHEELUM REDDY ALSO KNOWN AS NITHYA BHAKTANANDA RESPONDENT(S) ORDER1 Delay condoned. Leave granted.2. We have heard learned counsel for the State, the complainant, the accused and the learned amicus, Mr. Siddharth Luthra, Senior Advocate. 1 3. The respondent, Gopal Sheelum Reddy alias Nithya Bhaktananda, was charge sheeted for offences, inter alia, under Section 376 of the Indian Penal Code. The respondent approached the High Court with the prayer that the entire material available with the investigator, which was not made part of the chargesheet, ough...
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-04-2017
Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.2059 OF2017(Arising out of Special Leave to Appeal (Crl.) No.1741 of 2017) Mohammed Abdulla Khan Versus Prakash K. Appellant Respondent JUDGMENT Chelameswar, J.1. Leave granted.2. The sole respondent is admittedly the owner of a Kannada Daily Newspaper by name Jaya Kirana published from Mangalore, Karnataka. On 16.12.2013, the said newspaper carried a news item containing certain allegations against the appellant herein. According to the appellant, the allegations are highly defamatory in nature. 1 3. The appellant lodged a report with the Panambur Police, Mangalore, Dakshina Kannada District on 17.12.2013 against the respondent and another person who was editor of the abovementioned newspaper. Police did not take any action. Thereafter, the appellant filed a private complaint against the respondent and the editor of the abovementioned newspaper before the J.M.F.C.-II, Mangalore in PCR No.24/2...
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-01-2017
IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRIMINAL) No.169 OF2017REPORTABLE Campaign for Judicial Accountability and Reforms Versus .... Petitioner(s) Union of India and Others .... Respondent(s) ORDER1 By means of the present writ petition (public interest litigation) (PIL), the petitioner, Campaign for Judicial Accountability and Reforms, through its Secretary, has approached this Court seeking a writ of mandamus or any other writ or direction of similar nature to constitute a Special Investigation Team (SIT) headed by a retired Chief Justice of India to investigate in the matter of alleged conspiracy and payment of bribes for procuring favourable order in a matter pending before this Court and take consequential actions thereafter along with a direction to the Central Bureau of 1 Investigation (CBI) to hand over all the materials/evidence collected so far in the FIR bearing No.RC10(A)/2017-AC.III, New Delhi to the SIT to be constituted by this Court...
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