Supreme court
Supreme Court Acquits Two Death Row Convicts, Perplexed At Trial Court & HC Awarding Capital Punishment Despite Loopholes In Evidence
After noting "yawning gaps" in the evidence and "infirmities" in the prosecution, the Supreme Court recently acquitted three persons in a case for murder and kidnap of a teenager. Two of the accused were awarded death sentence by the Trial Court, which the High Court had affirmed. The third accused was awarded life sentence.While setting aside the conviction and sentence of all the...
NDPS Act | Confession To NCB Officials Not Admissible In Evidence; Possession Must Be Established To Draw Presumption Under S.54 : Supreme Court
The Supreme Court on Friday (22.09.2023) held that an officer invested with powers under Section 53 of the Narcotic Drugs and Psychotropic Substances Act, 1985, is a 'police officer' within the meaning of Section 25 of the Evidence Act, and thus a confessional statement of an accused recorded under Section 67 of the NDPS Act cannot be used in a trial under the NDPS Act as a...
When Selected Candidate Joins And Then Resigns, Vacancy Must Be Filled By A Fresh Selection Process & Not From Previous Merit List: Supreme Court
The Supreme Court on Thursday (21.09.2023) held that an applicant who has qualified in the selection process cannot be selected against a vacancy caused by resignation of one of the selected candidates. The Apex Court observed that, a fresh vacancy arises when a selected candidate joins and then resigns and the same cannot be filled up without following a fresh selection process. .A...
MBBS Admission In PwD Quota - Disability Assessment Report Must Explain How Candidate Can't Pursue Course: Supreme Court
The Supreme Court on Friday (September 22) stated that persons with disabilities should not be excluded from MBBS courses merely on the basis of a quantitative assessment of their disabilities. The Court further stated that the assessment of the disabilities must have a cogent reasoning as to how such candidates will be unable to pursue the medical courses.The Court made these observations...
Certified Copy Can Be Produced To Prove Original Sale Deed In Trial : Supreme Court
The Supreme Court recently made it clear that certified copy of an original sale deed is admissible in evidence in a trial. This is as per Sections 65, 74, 77 read with Section 79 of the Indian Evidence Act 1872 and Section 57(5) of the Registration Act.In this case, the High Court, in second appeal, had held that the certified copy of a registered sale deed produced by the plaintiff in the...
Krishna Janmabhoomi Case | Supreme Court Leaves It Open To Allahabad HC To Decide Plea For Survey Of Shahi Eidgah Mosque
The Supreme Court on Friday refused to entertain a plea by the Shri Krishna Janmabhoomi Mukti Nirman Trust seeking a scientific survey of Shahi Eidgah Masjid premises, which is claimed to be built over Krishna Janmabhoomi. The Court, however, clarified that all questions relating to the Shri Krishna Janmabhoomi-Shahi Eidgah Mosque dispute would be left open to the Allahabad High Court to...
Candidate Accused Of Heinous Offence Can't Claim Right To Appointment When Acquittal Was On 'Benefit Of Doubt' : Supreme Court
In a significant ruling, the Supreme Court held that an acquittal in a criminal case does not automatically qualify a candidate for a sensitive law enforcement post, particularly when the acquittal is based on technical grounds or on giving benefit of doubt. The Court emphasized that employers retain the right to assess a candidate's suitability for a position. The issue before the Court...
Sanatana Dharma Row | Supreme Court Issues Notice To Tamil Nadu Minister Udhayanidhi Stalin
The Supreme Court on Friday agreed to hear a plea seeking the registration of a first information report (FIR) against Tamil Nadu minister and DMK leader Udhayanidhi Stalin over his controversial remarks about 'Sanatana Dharma'. Besides this, the petition also raised concerns about a 'Sanatana Dharma Eradication Conference', where these remarks were allegedly made by the minister sparking...
Supreme Court Dismisses PIL Seeking Independent Audit Of EVM Source Codes
The Supreme Court on Friday refused to entertain a Public Interest Litigation (PIL) seeking an independent audit of source codes of Electronic Voting Machines (EVMs). The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra noted that the matter concerned sensitive policy issues and thus, the court was not inclined to interfere with the same. At the outset,...
Supreme Court Rejects Firecracker Makers' Plea To Use Barium & Joined Crackers
The Supreme Court on Friday rejected an application filed by the firecracker manufacturers association to include barium with improved formulations in green crackers. The Court clarified that the earlier orders passed by it banning the use of barium-based chemicals in fire crackers will prevail.The Court further rejected another application filed by the firecracker manufacturers to use...
Prescribe Minimum Marks Requirement For Languages Other Than Tamil & English Also In TN Schools: Supreme Court In Linguistic Minorities' Plea
The Supreme Court on Thursday (September 21) made some pertinent observations with respect to Tamil Nadu Tamil Learning Act, 2006, (Act) which made Tamil paper compulsory in the tenth standard board exam. Pursuant to the Act, while Tamil was mandated in the syllabus as a compulsory subject, minority linguistics were considered as an optional subject for which there was no requirement of...
Principles To Prove Validity & Execution Of Will : Supreme Court Explains
Recently, a Division Bench of the Supreme Court, comprising Justices Abhay S. Oka and Sanjay Karol, laid down certain principles required for proving the validity and execution of the Will. In substance, these principles enunciated that apart from statutory compliance under Section 63 of the Succession Act, broadly, it has to be proved that (a) the testator signed the Will out of his own...