Supreme court
Writ Petition Against An Award Passed By A Facilitation Council Under MSMED Act Not Maintainable: Supreme Court
The Supreme Court recently held that a writ petition against an award passed by a Facilitation Council under the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 would not be maintainable. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra held that the correct remedy against an award under the Act was provided under Section 34 of...
Eligibility Conditions For Post Can't Be Relaxed After Last Date Of Applications Without Giving Wide Publicity: Supreme Court
The Supreme Court recently reiterated that eligibility criteria for a post, as set out in the Rules, could not be relaxed unless the said relaxation was envisioned in the Rules or advertisements for the post. Further, in case of any such relaxation passed, the same had to be widely publicised to be held valid.The batch of appeals concerned the recruitment on the post of Junior Office...
Law Does Not Require Only An Independent Witness To Prove NDPS Act Charges: Supreme Court
The Supreme Court recently held that the law does not require only an independent witness to prove a charge attracting the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). A bench of Justice M M Sundresh and Justice Aravind Kumar made the observation while considering a case where the appellant had been found guilty of an offence under Section 15 of the NDPS...
Extra-Judicial Confession Must Be Of Sterling Quality: Supreme Court Doubts 'Confession' To Brother Of Deceased
The Supreme Court recently while acquitting a convict in a murder case held that evidence of persons before whom extra-judicial confession is made must be of sterling quality.The Court observed, “When prosecution relies upon the evidence of extra-judicial confession, normally, the Court will expect that the evidence of the persons before whom extra-judicial confession is allegedly made must...
Magistrate Can't Entertain Protest Petition Against Own Order Taking Cognisance: Supreme Court
Judicial Magistrate cannot entertain a protest petition against an order taking cognisance of a final report, held the Supreme Court in a recent judgment.In this case, a Chief Judicial Magistrate took congizance against one accused for the offence of murder based on a final report filed by the Crime Investigation Department.The victim's father filed a protest petition taking objection to...
Supreme Court Criminal Digest September 2023
Bail - One cannot apply one bail order to all the other subsequent cases. (Para 8) PACL v. Central Bureau of Investigation, 2023 LiveLaw (SC) 747 : 2023 INSC 795Can anticipatory bail be granted to proclaimed offender? only in exceptional & rare cases, holds the Supreme Court. State of Haryana v. Dharamraj, 2023 LiveLaw (SC) 739 : 2023 INSC 784Certified copy can be produced to prove...
Agreement To Sell Doesn't Transfer Ownership Rights Or Confer Title : Supreme Court
The Supreme Court reiterated that an agreement to sell does not transfer ownership rights or confers any title."Agreement to Sell is not a conveyance; it does not transfer ownership rights or confers any title," observed a bench comprising Justices Vikram Nath and Rajesh Bindal.Therefore, the bench held that the agreement to sell was not barred under the Karnataka Prevention of Fragmentation...
Deviation From Plain Terms Of Contract Warranted Only When It Serves Business Efficacy Better: Supreme Court
The Supreme Court recently reiterated the need of interpreting commercial contracts in alignment with the original intent of the parties involved. It also opined that a deviation from the plain terms of the contract is warranted only when it serves business efficacy better.Reliance was also placed on the Transmission Corporation of Andhra Pradesh Ltd v. GMR Vemagiri Power Generation...
'Past Conduct Not Always A Factor When Imposing Death Penalty' : Supreme Court Commutes Death Sentence
Last week, the Supreme Court set aside the death sentence of a man accused, along with others, of firing on and killing multiple people over suspected political enmity in Uttar Pradesh’s Muzaffarnagar, observing that although the crime fell in the ‘rarest of rare’ category, the death row convict was not beyond reformation. His recidivism had factored in with the confirming...
UP VAT Act | Definition Of “Goods” Under Sec. 2(m) And Sec. 13(1)(f) Includes Taxable As Well As Exempted Goods: Supreme Court
The Supreme Court has held that the definition of “Goods” under Section 2(m) of Uttar Pradesh Value Added Tax Act, 2008 (“UP VAT Act”) includes both taxable as well as exempted goods. Similarly, the word “goods” under Section 13(1)(f) of the UP VAT Act cannot be said to be qualified by the word “taxable”.The Bench comprising the Chief Justice Dr. Dhananjaya Y. Chandrachud,...
Need To Separate The Chaff From The Grain Only Where Testimony Is Partly Reliable And Partly Unreliable : Supreme Court
The Supreme Court, recently (On November 08), while setting aside a conviction in a murder trial, reiterated the well-established law that there are three types of witnesses-, one those who are wholly reliable, second one is wholly unreliable, and lastly, the one who are neither wholly reliable nor wholly unreliable. The reliance was placed upon the landmark decision of Vedivelu Thevar v....
