Supreme court
Contents Of FIR Inadmissible & Cannot Be Proved Through Investigating Officer If Informant Died A Natural Death : Supreme Court
The Supreme Court recently clarified that for an FIR lodged by a deceased person to hold any evidentiary value, its contents must be corroborated and proved. Elaborating, the Court said that if an informant's death has no connection whatsoever with a complaint lodged then the FIR's contents will not be admissible in evidence. Thus, in such cases, the contents cannot be proved through...
'Oral Undertaking Falls Within Scope Of Arbitration Clause' : Supreme Court Upholds Award Against Husband For Operation In Wife's Demat Account
The Supreme Court today (February 10) held that an oral contract undertaking joint and several liability falls within the scope of an arbitration clause.Holding so , the Court affirmed an arbitral award against a husband, finding him jointly liable for the award due to a debit balance in a joint demat account registered in his wife's name.The Court rejected the contention that the...
'Abuse Of Process' : Supreme Court Quashes 'Cheating' Case Filed Against Parents Of Man For Breaking Marriage Promise
The Supreme Court recently dismissed a cheating case (Section 415 IPC) against the parents for facilitating the marriage of their son to another woman instead of the complainant. Given the complainant's maturity and background, including her 29 years of age, post-graduate degree, and professional experience, the Court found it difficult to believe the parents' conduct easily influenced...
S.141 NI Act | 'Director Who's In Charge Of Company' & 'Director Who's Responsible To Company' Are Different Aspects: Supreme Court
The Supreme Court recently observed that there are twin requirements for an offence to fall under Section 141 of the Negotiable Instruments Act, which talks about the dishonour of a cheque committed by a company. Elucidating, the Court said that the accused person should be in charge of and responsible to the company for the conduct of the business.“There are twin requirements under...
Supreme Court Acquits Man On Death Row, Cites Faulty Investigation & Gaps In Prosecution Case
The Supreme Court set aside the conviction of an accused (convicted of the death penalty) in a case for allegedly committing the gruesome murder of his six family members, including his four children and brother. The Court cited faulty investigation and flawed recovery of evidence by the Uttar Pradesh police."The fabric of the prosecution case is full of holes and holes which are impossible...
Supreme Court Annual Digest 2024: POCSO Act
Protection of Children from Sexual Offences Act, 2012Sections 4, 6, 29 and 30 - Presumption under the POCSO Act – Applicability and Conviction - Sentence Modification - Socio-Economic Considerations - Parole Denial - The Supreme Court upheld the conviction of the appellant under Sections 302, 364, and 377 of IPC and Sections 4 and 6 of the POCSO Act for the aggravated penetrative sexual...
For Abetment Of Suicide Offence, Alleged Harassment Must Have Left Victim With No Other Alternative But To End Life : Supreme Court
The Supreme Court while quashing charges of abetment of suicide against the present appellants, reiterated that the alleged harassment should be of such nature that it leaves the victim with no other alternative but to end their life.Further, the accused's intention to aid or abet the deceased to commit suicide must be established. Reliance was placed on a plethora of decisions, with the...
Income Tax Act | Offence Committed Before Show-Cause Notice Compoundable As Covered By 'First Offence' In Compounding Guidelines: Supreme Court
The Supreme Court on January 7 set aside the Gujarat High Court's judgment dated March 21, 2017, through which the rejection to the compounding application of the Appellant for the assessment year 2013-2014, for having filed the belated income tax return, was upheld on the ground that only for the "first offence" compounding of offence is possible. Since the Appellant had filed delayed income...
HC Closing Case Based On Respondent's Affidavit Without Giving Petitioner Chance To Respond Violates Natural Justice Principles: Supreme Court
The Supreme Court, while quashing the acquisition proceedings initiated by a development authority against the appellant, observed that the High Court's reliance on the authority's affidavit without providing the appellant with an opportunity to respond is violative of natural justice principles.“We find that the approach of the Division Bench in relying on the affidavit of the authority...