Police Officer Expecting An Accused To Prove His Innocence During Investigation Is Shocking: Supreme Court

Recently, the Supreme Court criticized Bihar Police for expecting an accused to prove his innocence during the investigation. The Court termed such an approach to be shocking. “The Police Officer seems to be under an impression that the accused has to appear before him and prove his innocence. Such approach cannot be countenanced.” The Division Bench of Justices Abhay S. Oka...

Soft Copies Of HC/Trial Court Records Should Be Called As Soon As Leave Is Granted : Supreme Court Asks Registry To Obtain Instructions From CJI

The Supreme Court has opined that the Registry should call for the soft copies of the records of the High Court and the Trial Court immediately after leave to appeal is granted in a petition challenging orders of conviction/acquittal."In our opinion, whenever leave is granted in an appeal challenging the order(s) of conviction or order(s) of acquittal, there has to be a practice of...

Supreme Court Sets Aside Army's Order Discharging Four Personnel Over Alleged Fake Certificates, Says AFT Acted In Casual Manner

The Supreme Court on Friday (February 9) directed the reinstatement of four army personnel (selected in the general category) who were discharged from the service on the allegation of joining the service based on the false relationship certificate with ex-army personnel. Setting aside the impugned order of the Armed Forces Tribunal (“Tribunal”), the Bench Comprising Justices Bela M....

Supreme Court Criminal Digest January 2024

BailAnticipatory bail cannot be granted merely because the accused is willing to pay an interim compensation. 2024 LiveLaw (SC) 54Bail cannot be cancelled merely due to non-appearance of accused before court. 2024 LiveLaw (SC) 65Cancellation of Bail - Merely because the accused did not appear personally could not have been a ground for cancellation of bail. The parameters for grant of bail...

Mere Delay In Complying Court's Order Doesn't Amount To Contempt Unless It's Deliberate & Wilful: Supreme Court

Recently, the Supreme Court has observed that a mere delay in complying with the order of the court would not amount to committing contempt of court. “We are of the view that mere delay in complying with the order, unless there is a deliberate or wilful act on the part of the alleged contemnors would not attract the provisions of Contempt of Courts Act.” the bench of Justices B.R....

Stop Referring To 'Trial Courts' As 'Lower Courts': Supreme Court Tells Registry

In a noteworthy development, the Supreme Court has categorically asked its registry to stop referring to the Trial Courts as 'Lower Courts'. “Even the record of the Trial Court should not be referred to as Lower Court Record (LCR). Instead, it should be referred as the Trial Court Record (TCR).,” Justices Abhay S. Oka and Ujjal Bhuyan added. The Division bench was hearing...

Supreme Court Monthly Round-Up: January 2024

Here's a comprehensive overview of the Supreme Court of India proceedings during the first month of 2024. This monthly digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the month of January and also the updates of the Constitution bench hearing in Aligarh Muslim University's minority status matter, providing...

CA's Misconduct : Supreme Court Upholds Chartered Accountants' Rule That Allows Board To Refer Matter To Disciplinary Committee

In a significant development, the Supreme Court on Thursday (February 8) dispelled a challenge to a rule under Chartered Accountants' (Procedure of Investigation of Professional and Other Misconduct and Conduct of Cases) Rules, 2007, which allows the Board of Discipline to refer a complaint for misconduct to the Disciplinary Committee despite opinion of the Director (Discipline) that...

'Bail The Exception, Jail The Rule Under UAPA' : Supreme Court Expounds Tests To Grant Bail In UAPA Cases

While denying bail to a man charged under the Unlawful Activities (Prevention) Act, 1967 ("UAPA") for allegedly promoting Khalistani terror movement, the Supreme Court on Wednesday (February 7) held that mere delay in trial is no ground to grant bail in grave offences.Notably, the Bench comprising Justices MM Sundresh and Aravind Kumar observed that under the UAPA, "jail is the rule and bail...

UAPA | Mere Delay In Trial No Ground To Grant Bail When Grave Offences Are Involved : Supreme Court

While denying bail to a man charged under the Unlawful Activities (Prevention) Act, 1967 ("UAPA") for allegedly promoting Khalistani terror movement, the Supreme Court on Wednesday (February 7) held that mere delay in trial is no ground to grant bail in grave offences.To quote the Bench of Justices MM Sundresh and Aravind Kumar, "...material on record prima facie indicates the complicity of...

If Caste Validity Certificate Not Produced Within 12 Months Of Election, Panchayat Member From Reserved Seat Will Be Disqualified In Maharashtra: Supreme Court

The Supreme Court has held that Panchayat members in Maharashtra, who got elected from a seat reserved for SC/OBC, will stand automatically disqualified if they fail to produce the Validity Certificate from the Scrutiny Committee regarding their Caste Certificate within 12 months from the date of election.This is because of the operation of Section 10-1A of the Maharashtra Village Panchayats...

Witness Who Was Shown In Prosecution List But Not Examined By Prosecution Can Be Summoned As Defence Witness: Supreme Court

In a dowry death case, the Supreme Court recently allowed a witness cited by prosecution to be examined by the defence, considering that he was discharged by the former without being called to depose."...the prosecution has consequentially chosen to discharge the said witness and, therefore, he has not been put in the witness box to depose on behalf of the prosecution. In such view of the...