AI Overview...
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Expediency in Justice - The court highlighted that the Motor Accidents Claims Tribunal (MACT) must form a proper opinion before passing orders, emphasizing the need for expediency and justice. The Supreme Court's Constitution Bench in Iqbal Singh Marwah v. Meenakshi Marwah (2005) 4 SCC 370, underscored that judicial proceedings should be remanded if the order lacks clarity or proper reasoning (Paragraph 23) Jaleel, S/o. Jamal vs State Of Kerala - Kerala, Dinesh Chander Sharma VS State Of Himachal Pradesh - Himachal Pradesh, Dhirubhai Mohanbhai Bhanderi VS State of Gujarat - Gujarat.
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Judicial Discretion & Magistrate's Role - The judgment clarified that Magistrates are not bound solely by the final report of Investigating Officers; they can form their own opinions based on the evidence. The case also reinforced that a Magistrate’s assessment is not limited to investigation reports, emphasizing judicial independence Ashok Kumar Tyagi VS State of U. P. - Allahabad.
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Perjury & Section 340 CrPC - The Supreme Court in Iqbal Singh Marwah clarified that not every false statement in judicial proceedings amounts to perjury. The ingredients of Section 340 CrPC must be specifically satisfied, and mere misstatements do not automatically lead to prosecution YU TELEVENTURES PRIVATE LIMITED VS TELEFONAKTIEBOLAGET LM ERICSSON (PUBL) - Delhi.
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Jurisdictional & Procedural Principles - The case highlighted the High Court's powers under Section 482 CrPC, which are partly administrative and judicial, allowing for inherent jurisdiction to prevent abuse of process or to uphold the integrity of judicial proceedings. The judgment cautioned against mechanical approaches and stressed the importance of proper judicial discretion Pradeep Kumar Arya VS State of M. P. - Madhya Pradesh.
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Section 195 CrPC & Offense Prosecution - The Supreme Court noted that Section 195(1)(b)(ii) CrPC applies only to specific offences, and its invocation depends on the nature of the offence involved in the case, as discussed in the Iqbal Singh Marwah judgment V. Loganathan VS Inspector of Police, Thirumangalam - Madras.
Analysis and Conclusion:
The Iqbal Singh Marwah case is a landmark judgment that clarified the scope of judicial discretion, the importance of expediency and proper reasoning in judicial orders, and the limits of prosecuting false statements under perjury laws. It emphasizes that courts must act judiciously, ensuring procedural integrity while avoiding mechanical or overbroad applications of law. The judgment reinforces the principles of fair judicial process, proper assessment of evidence, and the need for clarity in judicial orders to uphold justice Jaleel, S/o. Jamal vs State Of Kerala - Kerala, Dinesh Chander Sharma VS State Of Himachal Pradesh - Himachal Pradesh, YU TELEVENTURES PRIVATE LIMITED VS TELEFONAKTIEBOLAGET LM ERICSSON (PUBL) - Delhi, Dhirubhai Mohanbhai Bhanderi VS State of Gujarat - Gujarat, Ashok Kumar Tyagi VS State of U. P. - Allahabad, Pradeep Kumar Arya VS State of M. P. - Madhya Pradesh, V. Loganathan VS Inspector of Police, Thirumangalam - Madras.
Search Results for "Iqbal Singh Marwah Judicial Opinion"
2025 0 Supreme(Ker) 1590 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE GOPINATH P., J
2-3) ... ... (B) Expediency in the interest of justice - The court emphasized that the MACT must form an opinion ... Singh Marwah v. ... Paragraph No.23 of the judgment of the Constitution Bench in Iqbal Singh Marwah (supra), reads thus: Marwah (supra), the matter has to be remanded to the of the MACT, as the impugned order does not indicate that
2020 0 Supreme(HP) 10 • India - Himachal Pradesh
ANOOP CHITKARA
The Judicial Magistrate and the Sessions Court dismissed the application under Section 340 CrPC, leading to the present petition ... It cited relevant judicial precedents to emphasize the need for a prima facie case and expediency in the interests of justice for ... Singh Marwah and Another v. ... It shall be appropriate to refer to the relevant judicial precedents: (a) In Iqbal ... Me....
2016 0 Supreme(Del) 1477 • India - Delhi
JAYANT NATH, G.ROHINI
As held in Iqbal Singh Marwah & Anr. Vs. ... The law is well settled that every wrong statement in a judicial proceeding does not result in prosecution for perjury. ... Therefore, in our considered opinion, the ingredients of Section 340 of Cr.P.C. have not been made out in the present case.
2025 Supreme(Online)(Ker) 14140 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P, J
2-3) ... ... (B) Expediency in the interest of justice - The court emphasized that the MACT must form an opinion ... Singh Marwah v. ... Paragraph No.23 of the judgment of the Constitution Bench in Iqbal Singh Marwah (supra), reads thus: Marwah (supra), the matter has to be remanded to the of the MACT, as the impugned order does not indicate that
2023 0 Supreme(Guj) 209 • India - Gujarat
GITA GOPI
Union of India, Iqbal Singh Marwah v. Meenakshi Marwah, Amarsang Nathaji v. ... 5.4 In Iqbal Singh Marwah v. ... Meenakshi Marwah, (2005) 4 SCC 370, the Apex Court, while considering the language of Section 340 CrPC, ... Nanavati further submitted that on 02.11.2018, the petitioner moved the Court of learned Judicial Magistrate First....
2025 Supreme(Online)(Raj) 12819 • India - IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND, J
Previous judgments highlight the need to uphold the integrity of judicial proceedings. ... ... ... Findings of Court: ... The court found no merit in the petition, reinforcing that disputes must be clarified to uphold judicial ... fraudulent documents are suspected, an inquiry is essential for justice; courts must act to avoid any possible manipulation of judicial ... The Hon’ble Apex Court in the case of Iqbal #HL_STAR....
2021 0 Supreme(MP) 514 • India - Madhya Pradesh
RAJEEV KUMAR SHRIVASTAVA
C., 1973 -- S. 482 -- scope of power -- partly administrative and partly judicial -- three circumstances in which inherent jurisdiction ... Similarly, in the case of Iqbal Singh Marwah & Anr. v. Meenakshi Marwah & Anr. ... The powers of High Court under section 482 of CrPC are partly administrative and partly judicial. ... The approach of the High Court seems somewhat mechanical and supe....
2020 0 Supreme(All) 1006 • India - Allahabad
VIPIN CHANDRA DIXIT
Magistrate is not bound to the final report submitted by Investigating Officer. – The Magistrate can have his own opinion ... State of Madras, AIR 1954 SC 397, Iqbal Singh Marwah vs. ... Bains (supra) one Gurnam Singh submitted a complaint to the Judicial Magistrate 1st Class, Chandigarh alleging that H.S. ... opinion.
2022 0 Supreme(All) 1490 • India - Allahabad
ASHWANI KUMAR MISHRA, RAJENDRA KUMAR IV
Singh Marwah (supra) - Petition dismissed. ... Singh Marwah (supra) and thus cannot be accepted - Explanation 2 cannot be stretched in manner suggested by counsel for petitioners ... previous FIR would amount to an investigation directed by law by virtue of Section 157 Cr.P.C. and would thus render it a part of judicial ... Singh Marwah (supra). ... Singh#HL_E....
2008 0 Supreme(Mad) 4489 • India - Madras
K.MOHAN RAM
The court referred to the Constitution Bench Judgment of the Apex Court in the case of Iqbal Singh Marwah and another vs. ... Meenakshi Mawah and another and emphasized that Section 195(1)(b)(ii) CrPC would be attracted only when the offences enumerated in ... Singh Marwah and another vs. ... In view of the discussion made above, we are of the opinion that Sachida Nand ....
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