Supreme court
Blank Cheque Voluntarily Signed & Handed Over By Drawer Towards Payment Attracts Presumption Under S.139 NI Act : Supreme Court
The Supreme Court has reiterated that a blank cheque leaf, which has been voluntarily signed by the drawer and handed over to the payee towards some payment, will carry the presumption that it was issued in discharge of a legally enforceable debt as per Section 139 of the Negotiable Instruments Act."...even if a blank cheque leaf is voluntarily signed and handed over by the accused towards...
Non-Examination Of Ballistic Expert Fatal To Prosecution Case If Inconsistencies Found In Witness Testimonies : Supreme Court
The Supreme Court held that where the direct evidence produced by the prosecution is found to be credible, then the non-examination of the ballistic expert and omission to produce the ballistic report may not be fatal to the prosecution's case. The Bench Comprising Justices Abhay S. Oka and Ujjal Bhuyan observed that it is not that in every case where the death of the victim is due to...
Courts Must Not Only Set Aside Arbitrary Administrative Actions But Also Restitute Affected Person : Supreme Court
The Courts must not only set aside arbitrary administrative actions so take measures for the restitution of the affected party by addressing the injurious consequences arising from illegal actions, stated the Supreme Court in a recent judgment."…while the primary duty of constitutional courts remains the control of power, including setting aside of administrative actions that may be illegal...
Extra-Judicial Confession Can't Be Strong Evidence If Not Supported by Other Evidence On Record : Supreme Court
The Supreme Court on Tuesday (February 20) observed that when the case of the prosecution is entirely based on the extra-judicial confession being circumstantial in nature then the accused cannot be convicted for the offence unless the chain of circumstances is completed by the prosecution.Reversing the findings of the High Court, the Bench Comprising Justices Bela M. Trivedi and Satish...
Up To States/UTs To Explore Option Of 'Community Kitchens' : Supreme Court
The Supreme Court on Thursday (February 22) left it open to the States and the Union Territories to explore the option of 'community kitchens' as a means to achieve the objectives of the National Food Security Act, 2013.The Court declined to pass directions to formulate a pan-India community kitchen policy given the fact that the National Food Security Act was in force and various welfare...
Whether Courts Can Modify Arbitral Award U/S 34 or 37 of Arbitration Act? Supreme Court Refers To Larger Bench
The Supreme Court has referred to the larger bench the question of whether the courts have the power to modify the arbitral award under Sections 34 or 37 of the Arbitration and Conciliation Act, 1996. “Whether or not the Courts in exercise of power under sections 34 or 37 of the Arbitration and Conciliation Act, 1996 are empowered to modify an arbitral award is a question which...
'Will Check Custodial Violence' : Supreme Court Approves HC Direction To UP Police To Medically Examine Person Called For Investigation After Release
The Supreme Court refused to interfere with the Allahabad High Court's direction asking the Uttar Pradesh police to conduct the medical examination of the person called in the police station after their release.“We find that the direction was issued in order to put up a check on custodial violence on the person's brought to the police station.”, the Supreme Court Bench Comprising...
Judicial Decision Does Not Infringe Fundamental Rights : Supreme Court
The Supreme Court recently reiterated the principle that a judicial decision cannot be challenged as infringing fundamental rights.The Court noted that it has been laid down in Naresh Shridhar Mirajkar Vs. State of Maharashtra that "a judicial decision rendered by a Judge of competent jurisdiction in or in relation to a matter brought before him does not infringe a Fundamental Right."A...
Supreme Court Has No Power Of Superintendence Over High Courts : SC
The Supreme Court stated that it has no power of superintendence over the High Courts.A bench comprising Justices Dipankar Datta and Augustine George Masih made this observation while refusing to direct a High Court to expeditiously decide a criminal appeal filed by the petitioner. The petitioner filed a writ petition under Article 32 of the Constitution aggrieved by the delay in the hearing...
Delay Occurred In Filing Appeal Against Acquittal Under S.378 CrPC Can Be Condoned Under Limitation Act: Supreme Court
The Supreme Court held that the delay that occurred in preferring an appeal against the acquittal can be condoned under Section 5 of the Limitation Act, 1963. Concurring with the decision of the High Court, the Bench Comprising Justices Sudhanshu Dhulia and P.B. Varale observed that if there is a delay in filing an appeal against the acquittal of the accused then the delay can be condoned...
Supreme Court Surprised At State Opposing Maintenance Plea Of Wife By Siding With Husband
In a wife and minor daughter's plea for maintenance, the Supreme Court recently expressed surprise at State's conduct of siding with the husband. “The approach of the State of taking the side of the husband in a maintenance case, to say the least, is very strange. In fact, the learned counsel, who appeared for the State was under a duty and obligation to act as an officer of the...
