Supreme court
Employee Can't Be Denied Pension Citing 'Break In Service' If Absence Was Regularized As Extraordinary Leave : Supreme Court
The Supreme Court held that pensionary benefits cannot be denied to a retired government employee whose unauthorized absence from duty was treated as extraordinary leave, leading to the regularization of their service. The Court said that if despite the employee's prolonged absence from the service, his service is regularized during the period of absence by treating his absence as...
S.27 Evidence Act Can't Aid Prosecution If Recovery Isn't Proved To Be Based On Disclosure Of Accused : Supreme Court
The Supreme Court recently (on February 24), while acquitting two persons convicted for the offence of murder, observed that the circumstance leading to the deceased's body discovery was not proved beyond all reasonable doubt as against the appellant. The observation was made in regard to Section 27 of the Evidence Act, which talks about information received from the accused which may...
Tenant Cannot Dictate Landlord Should Get Another Property Vacated For Bona Fide Need : Supreme Court
The Supreme Court observed that the landlord or property owner is the best judge of which portion of the rented premises should be vacated to meet their specific needs, and the tenant cannot oppose eviction merely on the grounds that the landlord owns other properties.“The law with regard to eviction of a tenant from the suit premises on the ground of bona fide need of the landlord is...
No Concept Of 'Deemed Sanction' Under Section 197 CrPC : Supreme Court
While quashing a case against the public servant due to lack of prior sanction, the Supreme Court on Tuesday (February 25) observed that the failure of the sanctioning authority to provide sanction within the stipulated time would not make the sanction a 'deemed sanction' because such a concept doesn't exist under Section 197 of Code of Criminal Procedure, 1973."Section 197 of CrPC does...
S.106 Evidence Act Must Be Applied With Care, Can't Be Used To Make Up Prosecution's Inability : Supreme Court Explains Principles
The Supreme Court has reiterated that Section 106 of the Indian Evidence Act, 1872 cannot be applied in criminal cases unless the prosecution succeeds in establishing a prima facie case. As per Section 106 of the Evidence Act, the burden of proof of proving things which are in the special knowledge of a person is on that person. If a fact is within the special knowledge of the accused, then...
Supreme Court Quashes Case Against Ex-Director Of Drug Manufacturing Company For Substandard Drugs Seized After His Resignation
The Supreme Court recently quashed a case under the Drugs and Cosmetics Act, 1940 ("Act") against a former Director of a Drug Manufacturing Company, which had undergone a raid for allegedly manufacturing a substandard drug, after noting that the director resigned from the company before the raid took place. The Court held that the director could not be held liable for the company's...
'Legislative Decisions' Not Immune From Judicial Review; Protection Under Article 212(1) Only For 'Proceedings In Legislature' : Supreme Court
Drawing a distinction between 'legislative decisions' and 'proceedings in the Legislature', the Supreme Court in a recent judgment has held that while 'proceedings in the Legislature' are immune from review based on allegation of 'procedural irregularities', there is no absolute bar on judicial review of 'legislative decisions'.A bench of Justices Surya Kant and NK Singh made the observation...
S. 411 IPC | Supreme Court Acquits Jeweler Accused Of Possessing Stolen Gold Bars Since He Had No Knowledge That They Were Stolen Property
The Supreme Court today (February 25) acquitted a jeweler who was convicted under Section 411 of the Indian Penal Code (IPC) for receiving stolen property in the high-profile ₹6.7 crore Vijaya Bank fraud case. The Court observed that mere possession of the stolen property by the accused would not justify a conviction under Section 411 of IPC unless it is proven that the accused had...
Supreme Court Outlines Principles To Determine Proportionality Of Punishment Imposed On Member Of Legislature
While setting aside the expulsion of RJD MLC Sunil Kumar Singh from the Bihar Legislative Council for making derogatory remarks against Chief Minister Nitish Kumar, the Supreme Court emphasised that a punishment imposed on a Member of the Legislature for breach of privileges must be proportionate to the misconduct."There is no gainsaid that imposing a disproportionate punishment not...
JJ Act Bars Public Disclosure Of Juvenile's Conviction Record; Child Won't Suffer Any Disqualification Due To Conviction : Supreme Court
The Supreme Court recently opined that Section 24 of the Juvenile Justice Act, 2015, which states that a child shall not suffer disqualification due to a conviction of an offence under this Act, is protective in nature. Therefor, cases where such conviction details continue to appear in public or official documents undermine the safeguard intended by the legislature. “By expressly stating...