2024 SC Orders

Jitendra Paswan vs State Of Bihar CrA 2648 Of 2024 – Bail

Bail – Once a Court comes to a conclusion that an accused is entitled to bail, the Court cannot postpone the grant of bail. After holding that an accused is entitled to bail, if the Court postpones the operation of an order granting bail, it may amount to violation of the fundamental rights guaranteed under …

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Sandeep TS vs Union Of India WP(C) 564/2024-Atomic Energy Act

Atomic Energy Act 1962 ; Section 14- Writ petition filed by a physicist challenging provisions of the Atomic Energy Act 1962 restricting the involvement of private entities in licensing for nuclear power dismissed – The Parliamentary regime envisages a calibrated exploitation of atomic power, subject to stringent safeguards, bearing in mind the likely consequences of …

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Balwinder Singh vs State Of Punjab -SLP(Crl) 8523/2024- Fair Trial – Article 21

Constitution of India, 1950; Article 21- An accused has a right to a fair trial and while a hurried trial is frowned upon as it may not give sufficient time to prepare for the defence, an inordinate delay in conclusion of the trial would infringe the right of an accused guaranteed under Article 21 of …

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Ram Bahadur Magar @ Sanki @ Rabin vs State Of West Bengal – Criminal Trial – Bail

Criminal Trial -As a matter of rule, the Constitutional Courts should not fix a time-bound schedule for conduct of cases before the Trial and other Courts and the said approach can be adopted only in very exceptional cases. Notwithstanding the pronouncement of law by the Constitution Bench of this Court, we have noticed that several …

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Vijay Nair vs Directorate Of Enforcement – PMLA – Bail

PMLA,2002- Section 45- the rigours under Section 45 can be relaxed if the custody is for a considerable period of time and there is no likelihood of conclusion of trial within a short span- The right of an accused for expeditious trial and that the fundamental rights guaranteed under Article 21 cannot be subjugated to …

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Shaileshbhai Ranchhodbhai Patel vs State Of Gujarat CrA 1884/2013 – S 482 CrPC

Code Of Criminal Procedure,1973; Section 482 -Whether quashing of the FIR can be refused for no other reason than that the investigating officer has filed the charge-sheet? High Court under Section 482, Cr. PC. retains the power to quash an FIR, even after charge-sheet under Section 173(2) thereof is filed, provided a satisfaction is reached, …

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State Of Kerala vs Prabhu CrA 3434 Of 2024 – S 50 NDPS Act – Recovery From Bag

NDPS Act,1985; Section 50 -If the recovery was not from the person and whereas from a bag carried by him, the procedure formalities prescribed under Section 50 of the NDPS Act was not required to be complied with- Referred to Ranjan Kumar Chadha vs State of Himachal Pradesh 2023 INSC 878. [In this case, recovery …

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