Motor Accident Claims | Contributory Negligence Can't Be Presumed Without Direct Or Corroborative Evidence : Supreme Court

The Supreme Court has reiterated that contributory negligence cannot be presumed in motor vehicle accidents without direct or corroborative evidence. The Court applied the ratio laid down in Jiju Kuruvila v. Kunjujamma Mohan (2013) 9 SCC 166, where it was held that in the absence of any direct or corroborative evidence on record, it cannot be assumed that the accident occurred due to the rash...

Courts Cannot Grant Compensation To Accused For Wrongful Confinement In Bail Applications Under S.439 CrPC : Supreme Court

The Supreme Court held that a Court does not have the power to grant compensation to an accused for wrongful confinement while exercising bail jurisdiction under Section 439 of the Code of Criminal Procedure."It is a settled principle of law that the jurisdiction conferred upon a Court under Section 439 CrPC is limited to grant or refusal of bail pending trial," the Court observed.Holding so,...

Borrower Not 'Consumer' If Loan Was For Profit Generation, Consumer Complaint Not Maintainable Against Bank : Supreme Court

Pure business-to-business transaction cannot be consumer dispute.

Supreme Court Refuses To Quash 2011 Gujarat Police FIR Against Ex-IAS Officer Pradeep Sharma, Grants Anticipatory Bail

The Supreme Court today, while refusing to quash the FIR against former Gujarat IAS Officer Pradeep Sharma for allegedly misusing official position to pass unduly favourable orders in a land dispute, granted him anticipatory bail. The bench of Justice Vikram Nath and Justice PB Varale was hearing the challenge to the orders of the Gujarat High Court dated 12.12.2018 and 28.2.2019 where...

Supreme Court Weekly Round-up: February 17, 2025 To February 23, 2025

Nominal IndexCitationsPublic Information Officer and Registrar & Anr v. Onkar Dattatray Kalmankar & Anr.| Special Leave To Appeal (C) No. 2783/2025 2025 Livelaw (SC) 210Tapas Kumar Palit v. State of Chhattisgarh 2025 Livelaw (SC) 211Maharashtra State Road Transport Corporation v. Mahadeo Krishna Naik 2025 Livelaw (SC) 212Sovaran Singh Prajapati v. State of Uttar Pradesh, Criminal...

Mere Use Of Word 'Irrevocable' Doesn't Make Power Of Attorney Irrevocable; PoA's Nature Determined By Its Subject Matter : Supreme Court

The Supreme Court today (February 27) observed that the nature of a power of attorney is determined by its subject matter and not its title. Whether a power of attorney is labeled as general or special, its nomenclature does not determine its nature.“The import of the word “general” in a POA refers to the power granted concerning the subject matter. The test to determine the nature of...

Article 226| Mere Existence Of Disputed Questions Of Fact Won't Affect Writ Court's Jurisdiction To Grant Relief: Supreme Court

If the State is disputing facts only to create a ground to reject the writ petition, the High Court must reject such contention.

Court Judgments Always Retrospective In Nature Unless Judgment Itself Specifies Its Prospective Operation: Supreme Court

The Supreme Court has reiterated that a judgment of the Court will always be retrospective in nature unless the judgment itself specifically states that it will operate prospectively."Whereas a law made by the legislature is always prospective in nature unless it has been specifically stated in the statute itself about its retrospective operation, the reverse is true for the law which is...

Supreme Court Grants Bail In UAPA Case Noting That It Was Applied To Defeat SC Order Of Interim Protection, Condemns Chhattisgarh Police

"We see the game in this. This is grossest impropriety," the Court said.

Sensitive Work Environment Must Be Ensured For Growing Number Of Women Judicial Officers : Supreme Court

While setting aside the dismissal of two women judicial officers in Madhya Pradesh, the Supreme Court on Friday (February 28) underscored the importance of being sensitive to the gender-specific difficulties faced by women, while assessing their performance."While gender is not a rescue for poor performance, it is a critical condition which may weigh for holistic decision-making at certain...

Supreme Court Sets Aside Dismissal Of Two Lady Judicial Officers In MP, Calls For Sensitivity Towards Women's Difficulties

"We need to be aware of the anxieties and difficulties which women face," Justice Nagarathna said.

Stay On Discharge Orders Should Not Be Granted Unless Circumstances Are Exceptional : Supreme Court

The Supreme Court on Friday (February 28) held that High Courts should not ordinarily stay the discharge orders passed by the trial courts in criminal cases."Stay on discharge should never be granted unless circumstances are exceptional," the Court stated.The Court further held that even when the appellate court invokes Section 390 CrPC to arrest an accused while considering an appeal...