SCI Judgments

Complainant can question the granting of bail

Brij Nandan Jaiswal v. Munna @ Munna Jaiswal & Anr. Criminal Appeal No. 2087/2008. Date of Judgment 19-12-08

1. Complainant can question the order granting bail if the said order is not validly passed.

2. Bail may be cancelled not only for its misuse but may be tested on merits.

3. The complainant could question the merits of the order granting bail.

4. While granting bail, particularly in serious cases like murder some reasons justifying the grant are necessary.

On deciplinary enquiry

ROOP SINGH NEGI v. PUNJAB NATIONAL BANK & ORS. Civil Appeal No. 7431 of 2008. Date of Judgment 19-12-08

On proving a will

Lalitaben Jayantilal Popat v. Pragnaben Jamnadas Kataria & Ors. Civil Appeal No. 7434 of 2008. Date of Judgment 19-12-08

Civil Contempt

M/s. B.S.N. Joshi & Sons Ltd. v. Ajoy Mehta & Anr. Contempt Petition No. 245 of 2007 in Civil Appeal No. 613 of 2006. Date of Judgment 19-12-08

The court finds contempt, accepts the apology and grants substantive relief while disposing of contempt petition.

Awarding sentence below the statutory minimum

HARENDRA NATH CHAKRABORTY v. STATE OF WEST BENGAL. Criminal Appeal No. 2086 of 2008. Date of Judgment 19-12-08

The case arose under Essential Commodities Act and the appeal was admitted on sentence. The court held that India do not have any statutory sentencing policy (State of Punjab vs. Prem Sagar & Ors. 2008 (9) SCALE 590). The legislative scheme of sentence laid out in certain Acts, where legislative intent is clear should be applied though sentence less than the prescribed minimum may be imposed in exceptional circumstances.