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...

Criminal Justice Machinery Being Misused By Certain Persons For Vested Interests; Courts Have To Be Vigilant : Supreme Court

Expressing concerns about the misuse of the criminal justice machinery by certain persons to achieve their oblique motives, the Supreme Court recently urged that the Courts have to be vigilant against such tendencies.The Supreme Court said that that the High Courts must exercise their inherent powers under Section 482 of the Code of Criminal Procedure to quash criminal proceedings in such...

Supreme Court Affirms HC Direction To Grant Two Higher Scales To Govt Official In Post Without Promotional Avenues

The Supreme Court on Tuesday (February 6) dismisses the plea of the Himachal Pradesh Government challenging the grant of two promotions to an employee in the next higher scale of pay upon his completing 12 years and 24 years in service. The Bench Comprising Justices Hrishikesh Roy and Prashant Kumar Mishra, affirmed the decision of the High Court directing the State to provide two promotions...

Punjab Pre-Emption Act | Supreme Court Explains Difference Between 'Land' & 'Immoveable Property'

The Supreme Court held that a tenant can claim the right to pre-emption in the 'urban immovable property' under the Punjab Pre-Emption Act, 1913, and the claim of the tenant cannot be discarded by the subsequent purchaser of the urban immovable property on the ground that the notification issued by the state government bars the tenants right to file a suit for pre-emption for the land situated...

Common Intention Cannot Be Inferred Mechanically Merely Based On Presence Of Accused Near Crime Scene : Supreme Court

The Supreme Court recently, while affirming the life imprisonment of three accused/appellants for murder, modified the sentence of another accused (A3) to culpable homicide and sentenced him to ten years. The Division Bench of Justices BR Gavai and PS Narasimha opined that the Trial and the High Court convicted A3 based on Section 34 (common intention) of the Indian Penal Code, 1860. He...

Supreme Court Criticises NGT's Trend Of Passing Ex-Parte Orders Imposing Penalties, Says Tribunal Must Act With 'Procedural Integrity'

Recently, the Supreme Court voiced its discontent with the National Green Tribunal's practice of passing ex parte orders and imposing damages. The judgment, authored by Justice PS Narasimha, has marked that such unilateral decision-making 'has regrettably become a prevailing norm.' “The National Green Tribunal's recurrent engagement in unilateral decision making, provisioning ex...

Sentence Should Be Suspended Normally When Appeal Is Unlikely To Be Heard Before Completion Of Sentence: Supreme Court

Recently, the Supreme Court reiterated that Courts should normally suspend sentences and grant bail in cases where an appeal challenging the conviction is unlikely to be heard before the completion of the entire sentence. “Before parting with order, we must note here that notwithstanding several decisions of this Court holding that when there is a fixed term sentence and...

Customs Act | Claimant Entitled To Interest On Delayed Return Of The 'Duty Drawback' : Supreme Court

The Supreme Court on Monday (February 5) observed that if there is a delay in refund of the 'duty drawback' to the claimant under the Customs Act, 1962, then the claimant would be entitled to interest in addition to the amount of drawback at the rate of interest which was fixed by the Central Government at the relevant point of time. It was contended on behalf of the Directorate General...

Supreme Court Weekly Digest With Subject/Statute Wise Index [January 14 to20]

Administration of JusticeIn the instant case, we find initiation of criminal proceedings before a forum which had no territorial jurisdiction by submitting incorrect facts and giving frivolous reasons to entertain such complaints. A closer look at the respondent's actions reveals more than just an inappropriate use of jurisdiction. The core issue of the dispute, which involves...

Supreme Court Refuses To Set Aside Murder Conviction Merely Because Of Mismatch Between Doctor's Evidence & Ocular Evidence

The Supreme Court recently upheld the conviction in a murder case observing that the ocular evidence given by the eye witness can't be discredited merely because the expert opinion supplied by the doctor suggests the use of different weapons in causing injuries.Setting aside the concurrent findings of the High Court and Trial Court, the Bench of Justices Abhay S. Oka and Pankaj Mithal,...

Supreme Court Sentences Man Who Raped 7 Year Old Girl In Temple To 30 Years Imprisonment

In a horrifying incident where a 40-year-old man raped a seven-year-old Child (victim), the Supreme Court imposed the sentence of 30 years of rigorous imprisonment with a fine of Rupees One Lakh. In the instant case, the victim's grandmother lodged an FIR against the accused/ petitioner for kidnapping and raping. Per the case successfully established by the prosecution, the victim,...

Supreme Court Annual Digest 2023 - Insolvency And Bankruptcy Code

A company could not avail benefit of the Sabka Vishwas scheme as it was under moratorium under IBC - The Courts are meant to do justice and cannot compel a person to do something which was impossible for him to do - Directed that the payment of amount already deposited by the company be appropriated towards settlement dues under “Sabka Vishwas Scheme 2019 and the company be issued...