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Supreme Court

Supreme Court Dismisses Appeals in SC/ST Act and IPC Case, Upholding Protection for Public Servant Under Section 197 CrPC. The Court held that a clerk involved in land allotment paperwork was entitled to protection under Section 197 of the Code of Criminal Procedure, 1973, as his actions had a reasonable connection to official duties, similar to other officials in the same transaction who had been granted protection.

23 Jul 2021

The dispute originated from FIR No.80 dated 23.02.2011 registered under Sections 420/467/468/471/120B of the Indian Penal Code, 1860 (IPC) and Section...

Supreme Court

Supreme Court Dismisses Appeals in Property Dispute Execution Case, Upholding High Court's Order Against Frivolous Litigation. The court affirmed the dismissal of writ petitions and appeals, highlighting abuse of procedural provisions under Order XXI Rule 97 of the Code of Civil Procedure, 1908, to delay execution of a decree for possession.

22 Apr 2021

The appeals arose from a common judgment of the Karnataka High Court dated 16th January 2020, which dismissed several writ petitions. The litigation c...

Supreme Court

Supreme Court Refers to Larger Bench Whether Investigation by Complainant Police Officer Under NDPS Act Vitiate Trial — Mohan Lal Decision's Applicability Examined. The court considers the conflict between Mohan Lal v. State of Punjab (holding trial vitiated) and Varinder Kumar v. State of Himachal Pradesh (holding prospective application) and refers the matter to a five-judge bench.

31 Aug 2020

This judgment arises from a batch of special leave petitions challenging convictions under the Narcotic Drugs and Psychotropic Substances Act, 1985 (N...

Supreme Court

Supreme Court Quashes High Court's Order in Tax Assessment Writ Petition Due to Statutory Remedy Foreclosure. High Court Exceeded Jurisdiction by Entertaining Writ Petition After Statutory Appeal Was Dismissed as Time-Barred Under Section 31 of the Andhra Pradesh Value Added Tax Act, 2005.

6 May 2020

The dispute arose from a tax assessment order dated 21.6.2017 passed by the Assistant Commissioner of Commercial Taxes against the respondent, a regis...

Supreme Court

Supreme Court Quashes Cognizance Order Against Police Officer in Private Complaint for Lack of Sanction Under Section 197 CrPC and Section 170 Karnataka Police Act. The Court held that cognizance without sanction is void ab initio and the High Court should have quashed proceedings instead of remanding for discharge.

27 Mar 2020

The Supreme Court considered an appeal against the Karnataka High Court's order that declined to quash a Magistrate's order taking cognizance of a pri...

Supreme Court

Supreme Court Upholds Dismissal of CRPF Head Constable for Negligent Handling of Weapon Causing Death of Colleague. Acquittal in Criminal Case Does Not Vitiate Disciplinary Proceeding Based on Preponderance of Probabilities.

11 Jul 2019

The first respondent, Sitaram Mishra, was a Head Constable in the CRPF. On 18 February 1998, while cleaning his loaded 9 MM carbine in the barracks wi...

Supreme Court

Supreme Court Dismisses Appeal Against Refusal to Summon Additional Accused Under Section 319 CrPC — Insufficient Evidence of Complicity. The Court upheld the concurrent findings of the trial court and High Court that the complainant failed to present strong and cogent evidence to warrant summoning the proposed accused.

10 May 2019

The appellant, Shiv Prakash Mishra, lodged an FIR on 06.09.2013 alleging that respondent No.2, Subhash Chandra Shukla, along with four others, formed ...

Supreme Court

Supreme Court Dismisses Appeal of Bank Manager Seeking Discharge for Want of Sanction Under Section 197 CrPC in Forgery Case. Act of Forgery by Public Servant Cannot Be Considered an Act Done in Discharge of Official Duty.

23 Apr 2019

The Supreme Court dismissed an appeal filed by S.K. Miglani, a former Branch Manager of Bank of Baroda, Faridabad, challenging the Delhi High Court's ...

Supreme Court

Supreme Court Allows Appeal, Restores Complaint Against Police Officer in Assault and Theft Case — High Court Exceeded Jurisdiction Under Section 482 CrPC by Appreciating Evidence and Erred in Requiring Sanction Under Section 197 CrPC.

2 Apr 2019

The appellant, Devendra Prasad Singh, filed a complaint against respondent No. 2, a police officer (SHO), alleging offences under Sections 323, 341, 3...

Supreme Court

Supreme Court Allows Appeal of Partially Blind Candidate for Civil Judge Post — Condition of 40%-50% Disability Held Invalid Under Persons with Disabilities Act, 1995. The Court held that restriction on disability percentage for identified posts must be based on expert committee determination, not arbitrary government decision.

22 Jan 2019

The appellant, a practicing advocate with 70% visual impairment, applied for the post of Civil Judge (Junior Division) in Tamil Nadu pursuant to a not...

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