Supreme court
Principles Of Adverse Possession : Supreme Court Explains
Recently, while deciding the suit for declaration of title, the Supreme Court reiterated some important factors related to the principle of adverse possession. The Court recalled that the plea of adverse possession is a blend of fact and law. (Karnataka Board of Wakf v. Govt. of India., (2004) 10 SCC 779) The person who claims adverse possession must show the following: “(a) on...
Principles To Be Followed By Appellate Courts In Deciding Appeals From Acquittal : Supreme Court Explains
Recently, the Supreme Court observed that if the appreciation of evidence leads to two possible views, then the decision of the Trial Court acquitting the accused could not be reversed by the Appellate Court merely because there exists another view that led to the conviction of the accused.According to the court, if the appreciation of evidence leads to two possible views, then the view...
If Trial Court's Acquittal Is A Plausible View, Then High Court Shouldn't Convict Accused By Reappreciating Evidence: Supreme Court
The Supreme Court observed that if the appellate court, while appreciating the evidence in an appeal against acquittal, finds that two views are plausible, then the view favoring the innocence of an accused must be takenSetting aside the impugned findings of the High Court which had convicted the accused while reversing the trial court's order of acquittal, the Bench Comprising Justices Bela...
High Court Shouldn't Have Stayed Investigation & Granted Blanket Protection From Arrest : Supreme Court Sets Aside Relief To Indiabulls Officers
The Supreme Court (on February 13) set aside the interim protection granted to Indiabulls Housing Finance Ltd. officers in an FIR registered against on a complaint by the Director of Shipra Estate and the consequent investigation by the Enforcement Directorate. Last year, the Allahabad High Court stayed the criminal proceedings, thus protecting the officers from arrest.The Division Bench...
NCLT Has Inherent Power To Recall Order Approving Resolution Plan Which Is Not Submitted As Per IBC : Supreme Court
The Supreme Court on Monday (February 12) observed that the Adjudicating Authority (“AA”) i.e., NCLT under Insolvency and Bankruptcy Code, 2016 (“IBC”) has the power to recall its order approving the resolution plan if the resolution plan is not submitted as per the mandate of the Code. The Resolution Applicant (“RA”) had preferred a recall application before the AA seeking recall...
Supreme Court Annual Digest 2023 - Criminal Minor Acts
Abkari ActAbkari Act; Section 8 - The testimonies of official witnesses cannot be discarded simply because independent witnesses were not examined - the person receiving the information of the crime or detecting the occurrence thereof, can investigate the same. Questioning such an investigation on the basis of bias or such like factor, would depend on the facts and circumstances of each case....
IBC | Claim Submitted With Proof Cannot Be Overlooked Merely Because It Was Submitted In Wrong Form: Supreme Court
The Supreme Court on Monday (February 12) observed that the claim submitted by the Resolution Applicant (“RA”) under the Corporate Insolvency Resolution Process (“CIRP”) cannot be rejected/overlooked merely on the fact that the claim submitted appears to be in a different form other than the form in which the claim needs to be submitted. In the instant case, the resolution...
Can Divorced Muslim Woman File For Maintenance Under Section 125 CrPC? Supreme Court To Consider
In a Muslim man's plea against direction to pay interim maintenance to his divorced wife, the Supreme Court is set to consider the question whether a Muslim woman is entitled to maintain a petition under Section 125 CrPC.The Bench of Justices BV Nagarathna and Augustine George Masih recently heard a case emanating from a Family Court order which, in a Section 125 CrPC petition preferred by...
Use Of Lord Ayyappa's Pictures In Voting Slips | Supreme Court Upholds Kerala HC Finding That Petition Challenging K Babu's Election Is Triable
The Supreme Court (on February 12) held the election petition filed by CPI(M) leader M Swaraj challenging K Babu, Congress MLA elections from Thrippunithura constituency in the 2021 assembly elections as triable under the Representation of People Act, 1951.“...once the High Court opined that a triable issue under Section 123(3) of the Act of 1951(Representation of the People Act) is made...
