Supreme court
When Maintainability Of Suit Is Questioned, Court Should Prima Facie Decide Jurisdiction Before Granting Interim Relief : Supreme Court
The Supreme Court has observed that if the maintainability of a civil suit is questioned and the grant of interim relief is opposed on that ground, then the trial court, before deciding to grant the interim releif, must at least make a prima facie satisfaction regarding the maintainability of the suit. "Where interim relief is claimed in a suit before a civil court and the party to be affected...
When Called Upon To Invoke S.482 CrPC, High Courts Should Carefully Examine If Accusations Constitute Offence : Supreme Court
The Supreme Court in a recent order observed that when the High Court was called upon to invoke power under Section 482 Cr.P.C to quash a criminal case, it was incumbent upon the High Court to consider the question whether the allegations would constitute the offence(s) alleged against the person-accused.While setting aside an order of a High Court which denied to quash the criminal...
Supreme Court Quashes Rape Case As FIR Was Lodged 34 Years After The Alleged Incident
The Supreme Court recently quashed criminal proceedings against a man accused of raping a minor, noting that the FIR was registered after a gap of 34 years, and that too, only on a bald statement that the prosecutrix was a minor at the time of the offence. “We find that lodging a case after 34 years and that too on the basis of a bald statement that the prosecutrix was a minor at...
Supreme Court Annual Digest 2023 - Constitution Of India
A Country can't remain prisoner of past': Supreme Court dismisses plea to rename cities named after muslim rulers; stresses on India's secular character. 2023 LiveLaw (SC) 156A High Court ~ howsoever big or small, old or new ~ is as much a Constitutional Court as this Court is and enjoys wide ranging powers vested in it by law. (Para 42) 2023 LiveLaw (SC) 146Access to Justice - Fundamental...
Supreme Court Weekly Round-Up (8th- 13th 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 and also the updates of...
Order 8 Rule 10 CPC | Suit Can't Be Decreed Merely On Defendant's Failure To File Written Statement If Plaintiff's Case Isn't Proved : Supreme Court
Setting aside a decree passed in a civil suit, the Supreme Court held that a Court cannot pronounce judgment in a suit merely on the default of the defendant to file a written statement if the plaintiff doesn't prove his case. The Bench of Justices BR Gavai, Dipankar Datta and Aravind Kumar observed that the failure on the part of the defendant to file the written statement within the...
Supreme Court Issues Directions For Protection Of Chittorgarh Fort, Prohibits Blasting Activities Within 5 Kms Radius
Taking note of the history and legacy of the Chittorgarh Fort, Rajasthan, the Supreme Court on Friday (January 12) issued directions for its protection against blasting activities being conducted within a 5 kms radius for mining of limestone (or other minerals). “…keeping in perspective the continuous exposure of ancient monuments to peak particle velocity (PPV) arising...
Setting Person On Fire 'Extreme Cruelty': Supreme Court Upholds Murder Conviction, Life Imprisonment Of Man Who Killed Wife
In a man's appeal challenging his conviction and sentence of life imprisonment for killing his wife, the Supreme Court recently observed that setting a person on fire is an act of 'extreme cruelty' and would fall under Section 302 of IPC (Punishment for Murder).Dismissing the appeal, the Bench of Justices Bela M Trivedi and Ujjal Bhuyan ordered that the appellant, whose sentence was suspended...
'Untrustworthy Witness Statement' : Supreme Court Sets Aside Conviction In 1999 Murder Case
The Supreme Court on Friday (January 12) set aside the conviction of a person in a murder case of 1999.Doubting the testimonies of the prosecution witnesses, the Court set aside the conviction for the offences committed under Sections 302(murder) and 323(simple hurt) read with Section 34(common intention) of the Indian Penal Code. Reversing the order and judgment passed by the High Court,...
Police Must Inform 'Hit & Run' Accident Victims About Compensation Scheme, Centre Must Consider Increasing Amount : Supreme Court
Taking note of the dismal rate of grant of compensation under the scheme formulated by the Central Government for the victims of 'hit and run' accidents, the Supreme Court has issued a slew of directions.As per the mandate of Section 161 of the Motor Vehicles Act 1988, the Central Government has framed the Compensation of Victims of Hit and Run Motor Accidents Scheme, 2022 which is effective...
