Supreme court
Supreme Court Forms Committee Headed By Ex-CJI UU Lalit To Resolve Deadlock Over West Bengal Universities' VC Appointments
The Supreme Court today (July 08), in an ongoing dispute between the West Bengal government and Governor CV Anand Bose (Chancellor of Universities) regarding the appointment of Vice-Chancellors (VC) of Universities, has ordered the constitution of a separate or joint Search Selection Committee. The committee will be headed by former Chief Justice of India UU Lalit (chairperson) and will be constituted within two weeks. The Chairperson will preside over every such Search Selection...
BREAKING| Bail Condition Enabling Police To Constantly Track Movement Of Accused Can't Be Imposed: Supreme Court
The Supreme Court on Monday held that there cannot be a bail condition that enables the police to constantly track the movements of the accused and virtually peep into the privacy of the accused.A bench of Justice Abhay S Oka and Justice Ujjal Bhuyan was examining whether a bail condition requiring an accused to drop a pin on Google Maps for the investigating officer to access his location violates a person's right to privacy.The Court set aside the bail condition requiring the accused to...
Supreme Court Biannual Digest 2022 - 2023 -Evidence Act
AbscondingEffects of Absconding - Mere absconding by itself cannot constitute a sole factor to convict a person. It may be because an accused may abscond as he might fear an illegal arrest. (Para 25) Harvinder Singh @ Bachhu v. State of Himachal Pradesh, 2023 LiveLaw (SC) 889AdmissionAny concession or admission of a fact by a defence counsel would definitely be binding on his client, except...
Supreme Court Monthly Round-Up: June 2024
As the Supreme Court prepares to reopen on July 8 and the vacation period concludes, LiveLaw brings you its monthly digest of June. This digest will keep you updated on all the significant developments that occurred before the Vacation Benches. From the progress in Kejriwal's plea against the Delhi High Court's interim order staying his bail to updates on the NEET-UG 2024 matter, we've got...
Life Sentence Can Be Suspended Only If It's Apparent That Conviction Isn't Sustainable: Supreme Court
The Supreme Court observed that a life convict can be granted the benefit of suspension of sentence only if prima facie it appears that the conviction is unsustainable and the convict has a high chance of succeeding in appeal against the conviction. The Court said that the benefit of suspension of sentence cannot be granted to the convict if there is nothing palpable to conclude that...
High Courts & Trial Courts Have Forgotten That Bail Is Not To Be Withheld As A Punishment: Supreme Court
Sending an important message to the Courts across the country, the Supreme Court recently lamented that the High Courts and Trial Courts have forgotten that bail cannot be denied as a punishment."Over a period of time, the trial courts and the High Courts have forgotten a very well settled principle of law that bail is not to be withheld as a punishment," observed a bench comprising Justices...
If Prosecuting Agency Can't Ensure Speedy Trial, They Shouldn't Oppose Bail Citing Seriousness Of Offence : Supreme Court
Chastising the National Investigating Agency for delaying the trial in a case under the draconian Unlawful Activities (Prevention) Act 1967, the Supreme Court stated that if the prosecuting agency cannot protect the right to speedy trial of an accused, then they cannot oppose his bail application on the ground that the offence was serious."Howsoever serious a crime may be, an accused has a...
Supreme Court Weekly Digest With Subject /Statute Wise Index [May 11 to 20]
Citations 2024 LiveLaw (SC) 361 to 2024 LiveLaw (SC) 390AdvertisementGuidelines for Prevention of Misleading Advertisements and Endorsements of Misleading Advertisements, 2022; Guideline No. 8, 12 & 13 – Held, advertisers/advertising agencies and endorsers are equally responsible for issuing false and misleading advertisements. Such endorsements that are routinely made by public...
'Fixed Term Sentences Be Suspended Ordinarily' : Supreme Court Grants Bail To 70-Year-Old Disabled Man; Chides HC For Casual Approach
The Supreme Court on Wednesday (July 3) expressed displeasure with the Madhya Pradesh High Court's order for adopting a casual approach in refusing to consider the plea of a 70-year-old ailing man for the suspension of the sentence. While granting bail to the petitioner, the Supreme Court said that the plea for a suspension of sentence should be considered liberally in cases of fixed...
'Don't Make Mockery Of Justice' : Supreme Court Rebukes NIA For 4-Year Delay In Trial; Says Accused Has Right To Speedy Trial
Today (July 03), while granting bail to an accused who was in jail for four years, the Supreme Court sharply rebuked the National Investigation Agency for delaying the trial. The case was registered under the Unlawful Activities (Prevention) Act of 1967. The Court, without mincing its words, asked the prosecuting agency to not make “mockery of justice” and said that even though the...
'Incorrect' : Supreme Court Criticises HC Order Limiting Bail Of Undertrial To 2 Months When He Has Been Under Custody Since 2022
The Supreme Court on Tuesday (July 2) reiterated the settled legal position that an accused's right to speedy trial is a fundamental right and closely connected to the right to life and personal liberty. The Court deprecated the order of the High Court which overlooked the said principle and released the petitioner on bail for merely two months when the trial would take a long time...
Supreme Court Biannual Digest 2022 - 2023 [Code Of Civil Procedure, 1908]
The rules of procedure are essentially intended to subserve the cause of justice and are not for punishment of the parties in conduct of the proceedings. (Para 26.1) Prakash Corporates v. Dee Vee Projects Ltd., 2022 LiveLaw (SC) 162 : AIR 2022 SC 946 : (2022) 5 SCC 112 Civil Trial Fixing of the date of trial shall be in consultation with the learned advocates appearing...