Supreme court
Court Not Obligated To Frame Charges If Offences Are Not Made Out From Admitted Evidence Of Prosecution: Supreme Court
The Supreme Court recently (on December 01) reiterated that if the necessary ingredients of an offence are not made out from the admitted evidence of the prosecution, then the Court is not obligated to frame a charge for such an offence against the accused."...there is also a long line of precedents that from the admitted evidence of the prosecution as reflected in the documents filed by...
S. 34 IPC | Common Intention Doesn't Mean Prior Agreement, It Can Be Formed Even A Minute Before The Incident: Supreme Court
The Supreme Court recently clarified that for Section 34(common intention) of the Indian Penal Code to be applicable, there must be a common intention among all co-accused individuals, indicating a shared purpose and design. Notably, common intention doesn't necessitate explicit discussions or agreements among the co-accused; it is a psychological aspect that can arise just before or during...
Abetment Of Suicide | Instigation Must Be In Close Proximity To Suicide : Supreme Court Quashes Case Under S.306 IPC
The Supreme Court, while quashing a case for abetment of suicide against an accused, discussed the essentials to convict a person under Section 306 of the Indian Penal Code(IPC). It is pertinent to note that “Abetment” is defined under section 107 IPC. The Court explained that, for the first part of Section 107 to apply, the accused must have intentionally encouraged and pushed the...
Kerala Lok Ayukta Only Has Recommendatory Jurisdiction, Cannot Issue Positive Directions: Supreme Court
The Supreme Court recently held that the Lok Ayukta, under the Kerala Lok Ayukta Act 1999, cannot issue positive directions and that it only has the jurisdiction to submit a report to the concerned authority with its recommendations.A bench of Justice Vikram Nath and Justice Rajesh Bindal made reference to the judgments of the Kerala High Court in Sudha Devi K. v. District Collector 2017...
Order VII Rule 11 CPC - No Evidence Or Merits Of Controversy Can Be Examined While Deciding Rejection Of Plaint : Supreme Court
Recently, the Supreme Court (on November 30) held that no amount of evidence or merits of the controversy could be examined at the stage of deciding rejection of a plaint application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (C.P.C.). It may be noted that this order provides the grounds on which the Court shall reject a plaint.The Bench of Justices Vikram Nath and Rajesh...
Second Suit Seeking Damages For Illegal Occupation Maintainable After Filing Suit For Possession : Supreme Court
The Supreme Court has held that a suit for possession and suit for claiming damages for use and occupation of the property are two different causes of action. Hence, second suit filed claiming damages for use and occupation of the premises was maintainable after a suit for possession.A bench comprising Justices Vikram Nath and Rajesh Bindal was considering an appeal challenging the refusal of...
Order 41 Rule 17 CPC - Appeal Can't Be Dismissed On Merits If Appellant Fails To Appear; To Be Dismissed For Non-Prosecution : Supreme Court
The Supreme Court stated that if the appellant does not appear when the appeal is called for a hearing, then the same can be dismissed for non-prosecution and not on merits. These findings were in the context of an explanation provided in Order XLI Rule 17 of the Civil Procedure Code, 1908. This order entitles the Court to dismiss an appeal if, on the day fixed for hearing, the appellant...
Specific Performance Of Re-Conveyance Deed Can't Be Sought When Plaintiff Denies Defendant's Title In Property : Supreme Court
The Supreme Court, while denying the plea of specific performance for execution of the re-conveyance deed, noted that such a claim implies that the opposite party (against whom the claim is being made) is the owner. Whereas, on the other hand, it was pleaded that the opposite party did not have any right or title over such property. In view of these facts and circumstances, the Court held...
Once Court Concludes That Person Is Entitled To Bail, Granting Bail For Limited Period Is Illegal: Supreme Court
The Supreme Court recently said that once a court arrives at the conclusion that a person is entitled to bail, bail cannot be granted only for a limited period of time. "When a Court concludes that the accused is entitled to be enlarged on bail pending trial, granting bail only for a limited duration is illegal. Such orders violate the right to liberty under Article 21 of the Constitution...
Promotion Through 'Limited Dept Competitive Exam(LDCE)' Can't Be Equated With Normal Promotion : Supreme Court
The Supreme Court recently distinguished between normal promotions and promotions through Limited Department Competitive Exams(LDCE). LDCE, being a competitive selection process, allows for accelerated promotions based on merit, and the criterias are specific to the competitive examination rather than regular promotions.The Court observed “a distinction has to be drawn between a...
Ensure No Further Constructions Adjacent To Ganga River : Supreme Court Directs Bihar Govt
The Supreme Court has directed the Bihar Government to ensure that no further construction takes place adjacent to the Ganga River, particularly in and around Patna.The Court has further directed the state to report to it on the progress of getting the 213 identified illegal structures, which have been raised on the floodplains of River Ganga in Patna.A bench comprising Justices Aniruddha...
Supreme Court Questions Tamil Nadu Governor For Referring Bills To President, Says He Can't Do It After Withholding Assent
The Supreme Court on Friday (December 1) questioned the decision of Tamil Nadu Governor RN Ravi to refer bills to the President, after declaring that he was withholding assent on them. The bench led by Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra orally said that the Governor cannot refer the bills to the President after the Assembly has re-enacted the...
