Supreme court
Default Bail Can't Be Claimed On Ground That Investigation Is Pending Against Other Accused: Supreme Court Sets Aside Bail To Wadhwans In DHFL Case
The Supreme Court today (January 24) set aside the default bail granted to DHFL promoters Kapil Wadhawan and Dheeraj Wadhawan in the case related to the alleged multi-crore loan scam. Setting aside the concurring findings of the High Court and the Trial Court, the Bench of Justices Bela Trivedi and Pankaj Mithal noted that Kapil and Dheeraj Wadhawan cannot claim the statutory right of...
Acquittal Under Prevention Of Corruption Act Should Not Be Based Solely On Invalid Sanction: Supreme Court
The Supreme Court (on January 18) opined that acquittal under the Prevention of Corruption Act, 1988 (PC Act) cannot be based solely on invalid Sanction. “The Sessions Court could not have acquitted the accused only on the ground of alleged invalid sanction, without recording its findings on all the issues involved.,” the Court said. The Bench of Justices Bela M Trivedi and KV...
Magistrate Can't Take Cognizance Of Supplementary Chargesheet If It Lacks Fresh Evidence After Further Investigation: Supreme Court
The Supreme Court on Monday (January 22) observed that it would be impermissible under the law for a Judicial Magistrate to take cognizance of a supplementary charge-sheet submitted after further investigation if it doesn't contain any fresh oral or documentary evidence, would be impermissible under the law. Reversing the concurring findings of the High Court and Trial Court, the Bench...
Mere Cheating Will Not Attract S.420 IPC Offence; Accused Must Dishonestly Induce Cheated Person To Deliver Property : Supreme Court
The Supreme Court on Monday (January 22) held that while prosecuting a person for the offence of cheating punishable under Section 420 of the Indian Penal Code, it is to be seen whether the deceitful act of cheating was coupled with an inducement leading to the parting of any property by the complainant. Reversing the concurring findings of the High Court and the Trial Court, the Bench...
'What Authority You Have To Tie People To Poles & Beat Them?' : Supreme Court To Gujarat Police Officers Involved In Kheda Flogging
The Supreme Court on Tuesday (January 23) stayed the contempt proceedings against four police officers who were sentenced to 14 days of imprisonment by the Gujarat High Court in October last year for their involvement in the public flogging of Muslim men in Gujarat's Kheda.A bench of Justices BR Gavai and Sandeep Mehta today admitted the statutory appeal preferred by police officers A V Parmar,...
Efforts To Settle Pure Civil Disputes By Applying Pressure Through Criminal Prosecution Must Be Deprecated : Supreme Court
The Supreme Court has (on 19 January) prima facie observed that a mere breach of contract does not amount to an offence of cheating or breach of trust as provided under the Indian Penal Code unless the fraudulent or dishonest intention is shown. “Prima facie, in our opinion, mere breach of contract does not amount to an offence under Section 420 or Section 406 of the Indian Penal...
Supreme Court Asks University To Pay Cost Of Rs 4 Lakh Damages To Student For Irregular Re-evaluation
The Supreme Court recently imposed a cost of Rs 4 lakhs on the Himachal Pradesh University for re-evaluating subjects, which the student/ appellant neither applied for nor paid the revaluation fee. “Considering the aforesaid, it is apparent that the appellant has applied only for two subjects, but under the terms of Clause 10 of the Revaluation Form, without deposit of the...
Supreme Court Weekly Round-Up (15th- 20th January, 2024)
With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the past week, providing a...
Supreme Court Directs All High Courts To Expeditiously Decide Bail Applications
The Supreme Court in a recent order directed all the courts to scrupulously follow the directions/guidelines issued by it for the expeditious delivery of judgments and disposal of the bail applications.A bench comprising Justices Bela Trivedi and Satish Chandra Sharma directed that High Courts should scrupulously follow the directions/ guidelines issued by the Supreme Court in...
Supreme Court Reprimands Registry For Not Listing Case Violating Judicial Order
The Supreme Court recently expressed displeasure at members of the Registry staff for violating a judicial order regarding the listing of the matters on Regular list.The Bench of Justices Abhay S Oka and Ujjal Bhuyan noted that on November 22, 2023, the subject matters were directed to be listed on December 07, 2023 (Thursday). However, they came to be listed on December 08, when Senior...
Children From Void Marriage Can't Be Denied Share In Their Parent's Property : Supreme Court
The Supreme Court on Friday (January 19) held that the children born out of a void and voidable marriage shall be considered as legitimate children and be treated as an extended family of the common ancestor for the purpose of deciding a valid share in the property of the common ancestor. Reversing the findings of the High Court, the Bench of Justices MM Sundresh and SVN Bhatti noted that...
