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Kalyan Chandra Sarkar vs Rajesh Ranjan @ Pappu Yadav & Anr on 18 January, 2005 cites

Kalyan Chandra Sarkar vs Rajesh Ranjan Alias Pappu Yadav & Anr on 12 March, 2004

It is probably based on the above observations of this Court in the case of Jayendra Saraswathi (supra) that the learned counsel was emboldened to submit that the court in Jayendra Saraswathi's case having stated so ought to have overruled the judgment in Kalyan Chandra Sarkar II (supra). Whether the judgment in Kalyan Chandra Sarkar II ought to have been overruled or not by the Bench which delivered Jayendra Saraswathi's judgment, we are not competent to say, but certainly we are competent to say what actually the court stated in the said judgment of Jayendra Saraswathi and what the court has done in that case.
Supreme Court of India Cites 5 - Cited by 391 - Full Document

Hari Charan Kurmi And Jogia Hajam vs State Of Bihar on 3 February, 1964

Shri R.K. Jain, learned senior counsel appearing for the respondent-accused countered the above arguments addressed on behalf of the appellants by contending that right to liberty was a fundamental right of a person under Article 21 of the Constitution of India and that right could be curtailed only by a procedure known to law and if that procedure established by law is not followed by the courts while refusing to grant bail, it is open to the aggrieved person to challenge and re-challenge the same before an appropriate forum. He contended that since principle of res-judicata or estoppel does not apply to criminal jurisprudence, there is no bar for an accused person to make successive bail applications and re-urge the questions which might have been urged earlier and negatived by the court. Therefore, it is open to a court considering the grant of a fresh bail application to re- appreciate the material on record and come to a different conclusion even though the same has been rendered by a superior court. In other words the rule of finality does not apply to bail petitions. He further submitted that the courts below while considering the evidentiary value of the retracted confession in the earlier bail applications did not really appreciate the true legal position in law and as enunciated by this Court in Hari Charan Kurmi & Jogia Hajam vs. State of Bihar AIR 1964, SC 1184, which had laid down that a retracted confession is a weak type of evidence. The learned counsel argued that in the present case apart from the retracted confession of one of the co- accused there is no supporting or corroborative evidence available for the prosecution, hence it is crystal clear that the prosecution has failed to establish a prima facie case. The learned counsel also contended that the material available on record in this case against the first respondent is not even sufficient for framing charges (even though charge framed is not challenged). Commenting on the order of this Court in the second of the cases (supra) he contended that this court has not given a finding that there is a prima facie case against the respondent-accused, nor has it dealt with the question of the evidentiary value of the retracted confession. Hence, the High Court was justified in going into these aspects of the case and coming to the conclusion that the prosecution case does not establish a prima facie case against the respondent accused. He also placed reliance on various judgments which were cited before the High Court in support of his arguments.
Supreme Court of India Cites 11 - Cited by 168 - Full Document

Jayendra Saraswathi Swamigal vs State Of Tamil Nadu on 10 January, 2005

The learned counsel for the respondent further contended that this Court in Jayendra Saraswathi's case (supra) having not agreed with the law laid down in Kalyan Chandra Sarkar (II) ought to have overruled the said judgment in Kalyan Chandra Sarkar (II). We consider this as an argument of desperation. In Kalyan Chandra Sarkar II there has been no declaration of any law made as such. This Court only applied the requirement of Section 437(1)(i) of Cr.P.C. to the facts of the case and came to the conclusion that there was prima facie case against the respondent, hence, cancelled his bail.
Supreme Court of India Cites 13 - Cited by 82 - G P Mathur - Full Document

Pandurang, Tukia And Bhillia vs The State Of Hyderabad on 3 December, 1954

While deciding the cases on facts, more so in criminal cases the court should bear in mind that each case must rest on its own facts and the similarity of facts in one case cannot be used to bear in mind the conclusion of fact in another case (See: Pandurang and Anr. vs. State of Hyderabad (1955 1 SCR 1083). It is also a well established principle that while considering the ratio laid down in one case, the court will have to bear in mind that every judgement must be read as applicable to the particular facts proved or assumed to be true. Since the generality of expressions which may be found therein are not intended to be expositions of the whole of the law, but are governed and qualified by the particular facts of the case in which such expressions are to be found. A case is only an authority for what it actually decides, and not what logically follows from it. See :-
Supreme Court of India Cites 12 - Cited by 239 - V Bose - Full Document
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