Supreme court
Principles Of Applying Section 106 Of Evidence Act : Supreme Court Explains
The Supreme Court recently held that Section 106 of the Evidence Act does not inherently impose a burden on the accused but comes into play when the accused fails to provide any explanation regarding facts that should be within their knowledge, facts that could support theories compatible with their innocence.The Court observed, “We consider the true rule to be that Section 106 does not...
Magistrate Can Dismiss Defamation Complaint By Applying Exceptions Under S.499 IPC Before Issuing Summons To Accused: Supreme Court
The Supreme Court on Thursday (05.10.2023) held that a Magistrate can dismiss a defamation complaint by applying the exceptions under section 499 of the Indian Penal Code, 1860 even before even summoning the accused.“..nothing prevents the Magistrate upon application of judicial mind to accord the benefit of such Exception to prevent a frivolous complaint from triggering an unnecessary...
Theft Coverage Denied Saying Gold Wasn't Kept In 'Locked Safe' : Supreme Court Says Insurance Claim Can't Be Rejected Based On Ambiguous Term
Recently, the Supreme Court, while hearing an appeal, noted that the claim arising out of an insurance policy cannot be repudiated on the basis of a term, mentioned in the policy, which itself is ambiguous.A Division Bench, comprising Justices Hima Kohli and P.S. Narasimha, observed that the insurance policy itself does not define the word “locked safe” nor does it define what should be...
State Government's Power To Delegate Investigation Into Offenses Under SC/ST Act Cannot Be Curtailed By Rules: Supreme Court
The Supreme Court recently held that Section 9(1)(b) of the SC/ST Act grants State Governments the power to delegate the authority to arrest, investigate, and prosecute offenders. This delegation of power, as emphasized by the Court, is a vital aspect of the Act and should not be curtailed by any rules framed under Section 23 of the SC/ST Act.It is pertinent to note Section 9 of the...
S. 50 NDPS Act Not Applicable To Recovery From Bag Carried By A Person: Supreme Court
The Supreme Court recently reiterated that the conditions for personal search as specified in Section 50 of the Narcotic Drugs and Psychotropic Substances Act are applicable only for the search of the physical body of the person and not for the search of any bag carried by the person.At the same time, the Court acknowledged that confining the applicability of Section 50 NDPS Act only to...
JJ Act | 'May' In S. 19(1) Be Read As 'Shall'; Children's Court Must Hold Inquiry On Whether Child Should Be Tried As Adult: Supreme Court
The Supreme Court recently held that compliance with Section 19(1) subclause (i) of the Juvenile Justice (Care and Protection of Children) Act, 2015 which requires the Children’s Court to hold an inquiry as to whether the alleged offender is to be tried as a child or an adult is not a mere formality.In this regard, the Court also said that the use of the word 'may' used in Clause (ii)...
Karta Of Hindu Undivided Family Can Alienate HUF Property Even If Minor Has Undivided Interest In It : Supreme Court
The Supreme Court has observed that a Karta of a Hindu Undivided Family(HUF) has the right to sell/dispose of/alienate an Hindu Undivided Family (HUF) property, even if a minor of the family has undivided interest.The reason is that an HUF is capable of acting through its Karta or an adult member of the family in the management of the HUF property, explained the Court. Reference was made to...
'Contraband Recovered In Violation Of Section 50 NDPS Act Inadmissible' : Supreme Court Summarises Principles For Search Of Persons
In a landmark judgment, the Supreme Court has summarized the principles related to Sections 50 of the Narcotic Drugs and Psychotropic Substances Act, which prescrib the conditions under which search of the persons shall be conducted.A bench comprising Justices MM Sundresh and JB Pardiwala(author of the judgment) summarised the principles as follows :(i) Section 50 provides both a right as well...
Supreme Court Criticises OERC For Challenging APTEL's Order, Says Quasi-Judicial Body Can't Be Aggrieved With Appellate Body's Order
The Supreme Court recently criticised the Orissa Electricity Regulatory Commission (OERC) for challenging the orders of the Appellate Tribunal for Electricity (APTEL) correcting the Commission's own order. Reminding the Commission that it was bound by the APTEL's order, the Supreme Court questioned the propriety of the Commission's appeal."..under Section 62, the Commission...
Parliamentary Or State Law Wouldn't Apply To Scheduled V Area Only If The Governor Notifies So: Supreme Court
The Supreme Court recently upheld the power of Municipal Councils to levy terminal tax within the limits of Scheduled Areas, dismissing an appeal brought by a coal mining company challenging the imposition of such taxes in Madhya Pradesh. The Court emphasized that Paragraph 5(1) of the Fifth Schedule grants the Governor the power to direct either that the parliamentary or state laws would...
SC/ST/OBC Reservation Will Be Given In Temporary Appointments Which Last For 45 Days Or More : Centre Tells Supreme Court
The Central Government has informed the Supreme Court that reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes will be given in temporary appointments which are to last for 45 days or more. It further said that instructions have been issued to all Ministries and Departments to strictly implement this reservation in temporary posts.Responding to a writ petition...
Acquittal In Criminal Proceedings Does Not Automatically Result In Discharge In Corresponding Disciplinary Proceedings: Supreme Court
The Supreme Court recently ruled that an acquittal in connected criminal proceedings does not entail any benefit in the surviving proceedings and thus does not automatically result in a corresponding discharge in disciplinary proceedings pending against an employee.A Division Bench of Justice Hrishikesh Roy and Justice Sanjay Karol clarified that the two proceedings operate in different...