Supreme court
SC Order Dismissing An Appeal Without Any Reasons Cannot Be Treated As Precedent : Supreme Court
The Supreme Court observed that its order dismissing an appeal without any reasons being recorded cannot be treated as a binding precedent.Precedents cannot decide questions of fact, the bench of Justices Sanjiv Khanna, Bela M. Trivedi and Ujjal Bhuyan observed in the judgment disposing appeal filed by M/s. Experion Developers Private Limited against the National Consumer Disputes...
Supreme Court Half Yearly Digest 2023 -Code Of Civil Procedure, 1908
Section 10 - Stay of SuitCode of Civil Procedure, 1908; Section 10 - Stay of Suit - By virtue of Section 10 CPC, a Court is prohibited from proceeding with trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit, of course, subject to other conditions mentioned therein. The object of the prohibition contained in Section 10 CPC...
Supreme Court Recalls Judgment Holding That No Indirect Taxes Can Be Levied On Duty Free Shops At Airports
The Supreme Court has recalled its Division Bench judgment dated 10 April 2023, where the top court had ruled that Duty Free Shops situated in the arrival or departure terminals of Airports are outside the customs frontiers of India and therefore, they cannot be saddled with any indirect taxes like the Service Tax.While allowing the review plea filed by the Commissioner of CGST and Central...
Principle “Falsus In Uno, Falsus In Omnibus” Not Applicable To Indian Courts : Supreme Court Reiterates
The Supreme Court reiterated that the principle “Falsus in uno, falsus in omnibus” has got no application to the courts in India.It is the duty of the Court to remove the chaff from the grain in its pursuit for truth, the bench of Justices MM Sundresh and JB Pardiwala observed while dismissing a criminal appeal.In this case, the accused was concurrently convicted by the Trial Court and...
Law Presumes Marriage When Man & Woman Cohabits For Long Time : Supreme Court
In a notable judgment, the Supreme Court recently observed that when a man and a woman have continuously cohabited for a long time, there is a presumption of marriage.A bench comprising Justices Hima Kohil and Rajesh Bindal observed : “law infers a presumption in favour of a marriage when a man and woman have continuously cohabitated for a long spell. No doubt, the said presumption...
'Prosecutor Has Duty To State, Accused And Court; They Are Not Representatives Of Any Party': Supreme Court
The Supreme Court on Friday (18.08.2023) convicted Rashtriya Janata Dal (RJD) leader and former Member of Parliament (MP) Prabhunath Singh in a double murder case of 1995, reversing his acquittal granted by the trial court and confirmed by the Patna High Court.The Apex Court heavily criticized the 'deplorable conduct' of the Presiding Officer of the Trial Court in the case, which according to...
Prolonged Incarceration Of Undertrials Violates Constitutional Principles Of Dignity & Liberty : SC Relaxes Bail Condition Imposed On Nigerian Accused In NDPS Case
Prolonged incarceration of undertrial prisoners violates the constitutional principles of dignity and liberty, the Supreme Court observed while relaxing a bail condition imposed on a nigerian accused.The bench of Justices Hrishikesh Roy and Pankaj Mithal said that the liberty of an accused who is facing prolonged trial deserves attention of the Court.In this case, one of the bail...
Section 149 IPC | Cannot Expect Witness To Speak About Specific Overt Act By Each Accused With Graphic Detail : Supreme Court
The Supreme Court observed that in a case involving 149 of the Indian Penal Code, a witness cannot be expected to speak with graphic detail about the specific overt act that can be attributed to each of the accused.In this case, appellants- accused were concurrently convicted under Section 302 read with Sections 149 and 148 of the Indian Penal Code, 1860. The case of the prosecution is that...
When Does An Order Become A Binding Precedent? Supreme Court Explains
The Supreme Court observed that its brief orders that are meant only for the purpose of closure of the controversy involved in a particular case and with a view to conclude the case, cannot act as a precedent for subsequent cases.The bench of Justices BV Nagarathna and PK Mishra made this observation while dealing with a contention raised in a batch of appeals that the judgment in Bangalore...
Arbitration Award Cannot Be Set Aside On Mere Possibility Of An Alternative View Of Facts Of Interpretation Of Contract : Supreme Court
The Supreme Court observed that Arbitration awards cannot be set aside on mere possibility of an alternative view on facts or interpretation of the contract.The jurisdiction under Section 34 of the Arbitration and Conciliation Act is exercised only to see if the Arbitral Tribunal’s view is perverse or manifestly arbitrary, the bench of CJI DY Chandrachud, Justices PS Narasimha and JB...
When Can One Escape Effects Of A Document Despite Signing It? Supreme Court Explains Plea Of 'Non Est Factum'
In a judgment delivered on Thursday (17 August 2023), the Supreme Court explained the requirements for a successful plea of non est factum.A plea of non est factum is a latin maxim which literally means “it is not the deed". It is a defence available in Contract Law allowing a person to escape the effect of a document which she/he may have executed/signed.The court said that a plea of non...
FIR Is A Public Document U/S74 Evidence Act ; Injured Person's Statement Recorded As FIR Can Be Treated As Dying Declaration : Supreme Court
The Supreme Court held that the First Information Report (FIR) is a public document defined under Section 74 of the Evidence Act.The statement by an injured person recorded as FIR can be treated as a dying declaration and such a statement is admissible under Section 32 of the Indian Evidence Act, the bench of Justices observed while convicting Prabhunath Singh, a former Member of...