S. 378(3) CrPC | For Leave To Appeal, Consider If Prima Facie Case Or Arguable Points Exist; Not Whether Acquittal Likely To Be Reversed: Supreme Court

The Supreme Court recently clarified that when deciding an application for leave to appeal under Section 378(3) Cr.P.C. against an acquittal, the High Court should not deny leave solely based on a prima facie assessment of whether the acquittal would be overturned. Instead, it must apply its mind and determine whether a prima facie case exists or if arguable points have been...

'None Should Be Excluded From Judicial Service Only Because Of Disability' : Supreme Court Quashes MP Rule Barring Blind Candidates

"Visually impaired candidates cannot be said to be 'not suitable' for judicial service and they are eligible to participate in selection for posts in judicial service."

S.390 CrPC | 'Bail Is The Rule' Even When Higher Court Orders Arrest Of Accused While Considering Challenge To Acquittal/Discharge : Supreme Court

The Supreme Court has held that when an appellate court invokes Section 390 of the Code of Criminal Procedure (CrPC) to arrest an accused while considering an appeal against acquittal, bail should be the norm.“It is well settled that an order of acquittal further strengthens the presumption of innocence of an accused. Therefore, as a normal rule, where an order under Section 390 of the CrPC...

Arbitration Agreement Enforceable Against Legal Representatives Of Deceased Party : Supreme Court

The Supreme Court has reiterated that an arbitration agreement is enforceable against the legal representatives of a deceased partner of a partnership firm."An arbitration agreement does not cease to exist on the death of any party and the arbitration agreement can be enforced by or against the legal representatives of the deceased," the Court stated, referring to the judgment in Ravi...

'Judicial Verdicts Not Like Sand Dunes' : Supreme Court Deplores Practice Of Making Oral Mentions To Modify Orders/Judgments

deplore such practices of making oral mentions for modification of the orders/judgments in the guise of a review

Supreme Court Annual Digest 2024 [Arbitration And Conciliation Act]

Section 33 - Although the Arbitral Tribunal becomes functus officio after passing an award, it would still retain the limited jurisdiction to clarify or correct errors in an award. North Delhi Municipal Corporation v. S.A. Builders Ltd., 2024 LiveLaw (SC) 1010Section 11 (6) - Arbitration clause - Interpretation - Pro-arbitration approach - Mutual Consent - Validity and interpretation...

If Two SC Decisions Are Inconsistent, HCs Can't Follow One Overlooking The Other; Must Try To Reconcile Them Both : Supreme Court

If there are two judgments of the Supreme Court which are inconsistent with each other, which judgment should a High Court follow? A recent Supreme Court judge suggested a way out."If two decisions of this Court appear inconsistent with each other, the High Courts are not to follow one and overlook the other, but should try to reconcile and respect them both....and follow that decision...

Advocate Not Expected To Verify Genuineness Of Power Of Attorney Given By Litigant : Supreme Court

The Supreme Court has observed that an advocate cannot be held criminally liable for merely failing to verify the genuineness of a power of attorney which was handed over by a litigant to file a case.In the ordinary course, an advocate is not expected to verify the genuineness of the power of attorney, the Court observed. Discharging an advocate from a criminal case for offences relating...

Motor Accident Claims | Contributory Negligence Can't Be Presumed Without Direct Or Corroborative Evidence : Supreme Court

The Supreme Court has reiterated that contributory negligence cannot be presumed in motor vehicle accidents without direct or corroborative evidence. The Court applied the ratio laid down in Jiju Kuruvila v. Kunjujamma Mohan (2013) 9 SCC 166, where it was held that in the absence of any direct or corroborative evidence on record, it cannot be assumed that the accident occurred due to the rash...

Courts Cannot Grant Compensation To Accused For Wrongful Confinement In Bail Applications Under S.439 CrPC : Supreme Court

The Supreme Court held that a Court does not have the power to grant compensation to an accused for wrongful confinement while exercising bail jurisdiction under Section 439 of the Code of Criminal Procedure."It is a settled principle of law that the jurisdiction conferred upon a Court under Section 439 CrPC is limited to grant or refusal of bail pending trial," the Court observed.Holding so,...

Borrower Not 'Consumer' If Loan Was For Profit Generation, Consumer Complaint Not Maintainable Against Bank : Supreme Court

Pure business-to-business transaction cannot be consumer dispute.

Supreme Court Refuses To Quash 2011 Gujarat Police FIR Against Ex-IAS Officer Pradeep Sharma, Grants Anticipatory Bail

The Supreme Court today, while refusing to quash the FIR against former Gujarat IAS Officer Pradeep Sharma for allegedly misusing official position to pass unduly favourable orders in a land dispute, granted him anticipatory bail. The bench of Justice Vikram Nath and Justice PB Varale was hearing the challenge to the orders of the Gujarat High Court dated 12.12.2018 and 28.2.2019 where...