Supreme court
Supreme Court Cancels Bail After 3 Years In Economic Offence Case, Says Interest Of Scam Victims Must Be Protected
In a peculiar case, the Supreme Court on August 28 cancelled the bail of an accused after almost 3 years of his release in connection with offences punishable under Sections 409, 420, 467, 468, 471 and 120B of the Indian Penal Code and Section 3 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999.Brief factsIn this case, respondent no.1 in question...
ED Cannot Start With Statement Of Co-Accused To Establish Case, It's Not Substantive Evidence: Supreme Court
While granting bail in a money laundering case, the Supreme Court observed that the Enforcement Directorate cannot start with a statement of a co-accused to implicate the accused.The Court held that an incriminating statement of a co-accused would not amount to substantive evidence. It reasoned that the prosecution could not start with such a statement to establish its...
Certificates Issued Under Transgender Persons Act 2019 Acceptable For PAN Card Applications : Centre Tells Supreme Court
The Supreme Court recently suggested that the Union of India should incorporate provisions allowing certificates for identity and gender change issued under the Transgender Persons (Protection of Rights) Act, 2019 as valid documentation for applying for a PAN card into the relevant Rules.A bench of Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah said this while disposing of an...
Supreme Court Allows Bank Employees Appointed Under SC Quota To Retain Posts After Their Caste Was De-Scheduled
The Supreme Court on Wednesday (Aug. 28) set aside the show-cause notices issued by the Canara Bank to certain employees who were appointed under the Scheduled Caste quota based on a valid caste certificate since their caste was de-scheduled from the SC list.A batch of appeals were filed before the Supreme Court challenging the Karnataka High Court's decision justifying the Bank's show...
Supreme Court Sets Aside Conviction Under NDPS Act As Police Logbook Entries Contradicted Prosecution Version On Seizure
The Supreme Court recently set aside a conviction and acquitted appellants of charges under Sections 20 (Punishment for contravention in relation to cannabis plant and cannabis) and 29 (Punishment for abetment and criminal conspiracy) of the Narcotic Drugs and Psychotropic Substances Act, 1985, because no independent witnesses were relied on and that the evidence adduced did not...
POCSO Act | Child Victim Of Traumatic Sexual Assault Must Not Be Repeatedly Called To Testify In Court : Supreme Court
Recently, the Supreme Court dismissed the plea of an accused in a case under the Protection of Children from Sexual Offences (POCSO) Act of 2012 ("POCSO Act") seeking recall of the victim under Section 311 of CrPC who was already cross-examined by the defence.The Court said that once the defence was granted ample opportunities to cross-examine the victim than the victim could not be recalled...
Even In PMLA, Bail Is The Rule & Jail Is The Exception : Supreme Court
Even in the Prevention of Money Laundering Act (PMLA), bail is the rule and jail is the exception, held the Supreme Court in a judgment delivered today.A bench comprising Justices BR Gavai and KV Viswanathan held so while allowing bail to an accused in a money laundering case. The bench held that Section 45 of the PMLA only lays down that the grant of the bail would be subject to the...
Very Unfortunate That People Have To Come To Supreme Court For Bail Even In Magistrate Triable Case: Supreme Court
The Supreme Court on Tuesday (August 27) granted bail to a man accused of forgery and cheating, who had been in custody since May 4, 2023, noting that the charges had not been framed yet and he had been either acquitted or the case against him had been quashed in nine out of fourteen antecedents against him.After dictating the order, Justice Oka orally remarked, “Very unfortunate that...
Some Explanation Expected From Registry When Case Isn't Listed Despite Specific Direction : Supreme Court
The Supreme Court on Tuesday (August 27) observed that the Registry must provide reasons if a case explicitly ordered to be listed by the Court on a particular date is not listed on that date.A bench of Justice Abhay Oka and Justice Augustine George Masih stated this after the counsel for one of the parties in a case related to a property dispute informed that Court that an SLP which...
Can't Deny Benefit Of First Proviso To S.45 PMLA Merely Because A Woman Is Well-Educated Or An MP/MLA : Supreme Court In K Kavitha Case
The Supreme Court today (on August 27), while granting bail to Bharat Rashtra Samithi leader K Kavitha, took exception to the observations made by the Delhi High Court that the the benefit of the first proviso to Section 45 of the Prevention of Money Laundering Act cannot be granted to Kavitha since she was a well-educated and a politically accomplished woman. The proviso, which...