Supreme court
Caste Or Religion Of Litigant Should Never Be Mentioned In Judgments : Supreme Court To All Courts
The Supreme Court has deprecated the practice followed by certain Trial Courts and High Court of mentioning the caste or religion of a party in the cause-title of the judgment.While deciding a criminal appeal arising from a child sex abuse case in Rajasthan, the Supreme Court was surprised to note from the cause-title of the judgments of the Trial Court and the High Court that the...
Accused Has No Right To Produce Any Material At The Time Of Framing Of Charge: Supreme Court
The Supreme Court held that at the stage of framing charges, the accused does not have the right to produce any material or documents to contest the case. The Court further emphasized that at the charges stage, the trial court should base its decision solely on the chargesheet material provided by the prosecution, presuming the material to be true for the purpose of determining the existence of...
Supreme Court Bench Split On Abortion Of 26-Week Pregnancy Of Married Woman, Refers To Larger Bench
While one judge said that the choice of the woman should be respected, the other judge said that the medical report about the possibility of the survival of the foetus made it difficult to allow abortion.
Marriage Considered 'Pious' In Indian Society: Divorce On Ground Of 'Irretrievable Breakdown Of Marriage' Not Always Desirable: Supreme Court
The Supreme Court on Tuesday held that it can exercise its discretion under the inherent powers under Article 142 of the Constitution of India for dissolving a marriage on the ground of 'irretrievable breakdown of marriage', even when one of the spouses opposes the dissolution of marriage. However, the Court said that such discretion must be exercised with great care and caution.The Court...
Distinction Between 'Common Intention' & 'Common Object' : Supreme Court Explains While Setting Aside Conviction In Triple Murder Case
The Supreme Court recently revisited a critical distinction between "common intention" and "common object", which are mentioned in Sections 34 and 149 of the Indian Penal Code (IPC) respectively. The Court relied on Chittarmal v. State of Rajasthan, which had previously addressed the conversion of charges from Section 302 read with Section 149 of IPC to Section 302 read with Section 34 of...
S.141 NI Act - Only That Person Who Was Responsible For Conduct Of Company's Affairs At The Time Of Cheque Dishonour Is Liable: Supreme Court
In a judgment pronounced on October 11, the Supreme Court reiterated the principles relating to liability of a director of a company for the dishonour of a cheque issued by the company.Referring to Section 141(a) of the Negotiable Instruments Act 1881, the Court said, "only that person who, at the time the offence was committed, was in charge of and was responsible to the company for the...
Supreme Court Criminal Law Digest: July 2023
1996 Lajpat Nagar blast case - The bomb blast caused at the behest of the accused persons resulted in the death of 13 persons and 38 persons suffered injuries. There was further damage caused to the livelihood of the shopkeepers, whose shops were burnt down due to the said bomb blast. It is evident that these accused persons were part of the plan for future blasts in the nation as well....
Does CrPC Apply To Customs Act? Supreme Court To Decide In DRI's Appeal Against Adani Enterprises
The Supreme Court on Tuesday (10 Oct) directed that the case of Directorate of Revenue Intelligence(DRI) v. Adani Enterprises Ltd would be heard along with the case of Senior Intelligence Officer v. Sanjay Agarwal where 2 questions framed earlier by the Supreme Court have relevance in the present case.Those 2 questions are as follows-Whether the Customs/DRI Officers are police officers and,...
Insisting That Donor Egg Cannot Be Used For Gestational Surrogacy Is Prima Facie Against Surrogacy Rules: Supreme Court
The Supreme Court has observed that insisting that only the egg and the sperm of an intending couple can be used for gestational surrogacy is prima facie against Rule 14(a) of the Surrogacy (Regulation) Rules, 2022. A new amendment introduced in March 2023 to Form 2 read with Rule 7 of the Surrogacy Rules specifies that donor eggs cannot be used for gestational surrogacy of an intending...
Advocates Cannot Claim Right Of Legal Representation Under Industrial Disputes Act: Supreme Court Answers Reference
The Supreme Court has affirmed that an Advocate cannot claim the right of legal representation under the the Industrial Disputes Act, 1947. Agreeing with the view expressed in Paradip Port Trust, Paradip vs. Their Workmen (1977) 2 SCC 339, a three-judge bench comprising Justices Sanjay Kishan Kaul, CT Ravikumar, and Sudhanshu Dhulia answered a reference against the judgment.The issue that...
Chandrababu Naidu's Plea : Will Remand Order Be Valid If PC Act Offences Go Due To Lack Of Sec 17A Sanction? Supreme Court Asks AP CID
The Supreme Court on Tuesday, while hearing former Andhra Pradesh Chief Minister N Chandrababu Naidu's plea, asked the Andhra Pradesh Crime Investigation Department (AP CID) whether the order of a special court remanding the legislator to custody would be valid even if the offences under the Prevention of Corruption Act do not survive or are dropped on grounds of non-compliance with the...
What Does `Vacant Land’ Under Section 2 Of Urban Land Ceiling Act Mean? Supreme Court Refers To Larger Bench
The Supreme Court on Tuesday referred the question of the construction, meaning and import of the term ‘vacant land’ contained in Section 2(q) of the Urban Land (Ceiling and Regulation) Act, 1976 to a larger bench. The Ceiling Act was enacted to impose a ceiling on the acquisition of urban property. It imposed a ceiling on ‘vacant land’ in urban agglomeration. The acquisition of...