Supreme court
Revenue Records Won't Confer Title; In Title Suit, Plaintiff Can't Succeed By Merely Pointing Out Lacunae In Defendant's Title : Supreme Court
Reiterating that revenue records are not documents of title, the Supreme Court held that mere mutation of revenue records would not divest the real title-owners of a land of their right, title and interest in the land.Referring to a catena of precedens, the Court observed that "mutation in revenue records neither creates nor extinguishes title, nor does it have any presumptive value on title....
Supreme Court Rejects NIA's Challenge To Chhattisgarh Police FIR Alleging Larger Conspiracy Behind 2013 Maoist Attack On Congress Leaders
The Supreme Court on Tuesday (21.11.2023) refused to entertain an appeal filed by the National Investigation Agency (NIA) challenging a fresh FIR registered, in 2020, by the Chhattisgarh police to probe the allegations of larger political conspiracy behind a Maoist attack that had killed several senior Congress leaders in Bastar in 2013. The matter was heard by a bench comprising CJI...
Courts Where Wife Takes Shelter After Leaving Matrimonial Home Due To Cruelty Can Entertain Section 498A IPC Complaint : Supreme Court
The Supreme Court recently held that the place where the wife lives and seeks shelter after leaving her husband's home due to cruelty will have jurisdiction to entertain complaints under Section 498-A, depending on the factual situation.Referring to a 3-judge bench decision in Rupali Devi v. State of U.P., (2019) 5 SCC 384, the court observed “The Courts at the place where the wife...
Delhi Pollution : Supreme Court Suggests Excluding Farmers Burning Stubble From Minimum Support Price
The Supreme Court on Tuesday (November 21) suggested excluding farmers burning their stubble from the purview of the minimum support price (MSP) infrastructure, as a part of a carrot-and-stick policy to disincentivise stubble burning in Punjab and other states adjacent to Delhi. It also recommended completely subsidising baling machines for poor farmers and financing their operating costs...
Will Can't Be Proved As Per Sec 69 Evidence Act By A Random Witness Saying He Saw Attesting Witness Signing It : Supreme Court
The Supreme Court on Monday (20.11.2023) held that in order to prove the genuineness of a will, it is not enough to examine a random witness who asserts that he saw the attesting witness affix his signature in the Will.Section 69 of the Evidence Act deals with proving the authenticity of a document in cases where no attesting witnesses are found. Under the said provision, it must be proved...
Mere Registration Of Adoption Deed Will Not Absolve A Person From Proving The Fact Of Adoption With Cogent Evidence: Supreme Court
The Supreme Court on Monday (20.11.2023), observed that mere registration of an Adoption Deed does not absolve the person asserting such adoption from proving the fact of adoption by cogent evidence and the person contesting it from adducing evidence to the contrary.A bench of Justice CT Ravikumar and Justice Sanjay Kumar made this observation while considering a case where a 70 year old...
'Appointments Only On Advertised Vacancies' : Supreme Court Holds 2 Judges To Be Wrongly Appointed; Refuses To Unseat Them Noting 10 Yrs Service
The Supreme Court recently held the procedure adopted by the Himachal Pradesh Public Service Commission and the High Court in the selection of Civil Judge (Junior Divisions) in 2013 to be wrong and consequently, the appointments of two judicial officers were found to be irregular. At the same time, the Court refused to unseat the two officers, considering the fact that they have rendered over...
Delhi Govt's Advertisement Funds Will Be Transferred To RRTS Project If Budgetary Allocation Not Made In 7 Days: Supreme Court
However, the Court kept the order in abeyance for one week, stating that it would come into operation if the Government did not voluntarily transfer the funds for the project within a week.
Police Must Secure Transit Remand For Arrests Outside State To Safeguard Rights Under Article 22 : Supreme Court
The Supreme Court recently held that the police have to obtain a transit remand when arresting an individual outside the jurisdiction where the offence is registered. This mandate is in line with the requirements of Article 22 of the Constitution, emphasizing the need for police to facilitate the accused's transfer from the location of arrest to the jurisdiction where the crime...
Conditions For Transit Anticipatory Bail In FIRs Registered In Other States : Supreme Court Explains
In a significant and groundbreaking judgment, the Supreme Court has held that High Courts and Sessions Court have power to grant interim/transit anticipatory bail even when the First Information Report (FIR) has been registered in another State. The Court finally set aside the judgment of Patna High Court in Syed Zafrul Hassan and the judgment of Calcutta High Court in Sadhan Chandra Kolay to...
Can't Seek Bail Merely Because Co-Accused Got Bail; To Apply Parity, Individual Role Of Accused Must Be Seen : Supreme Court
In a recent judgment, the Supreme Court dismissed the appellant's plea for bail on the grounds of parity with other co-accused who had been granted bail in a money laundering case. The Court emphatically stated that the principle of parity is not an absolute law but depends on individual circumstances and roles in the alleged offense.It observed “It is axiomatic that the principle of parity...
When Detention Of Accused Is Continued By Court, Trial Must Be Completed In A Reasonable Time : Supreme Court
"When the detention of the accused is continued by the Court, the courts are also expected to conclude the trials within a reasonable time, further ensuring the right of speedy trial guaranteed by Article 21 of the Constitution," said the Supreme Court while rejecting the bail application in a money laundering case.The bench comprising Justices Aniruddha Bose and Bela M Trivedi also...