Supreme court
Supreme Court Sets Aside Directions Issued By P&H High Court Regarding Appearance Of Prosecution Witnesses
The Supreme Court recently set aside the directions issued by the Punjab & Haryana High Court regarding issuance of summons to prosecution witnesses in a criminal trial.The High Court, in its order passed on May 27, 2022, had adopted the directions issued by the Madhya Pradesh High Court in Rambahor Saket and others vs State of M.P.(2018) and reiterated those guidelines as...
PC Act | Special Court Can Proceed Against Accused For IPC Offences Though Sanction Under S.19 PC Act Is Not Granted : Supreme Court
The Supreme Court recently held that a Special Court under the Prevention of Corruption Act 1988 (PC Act) can proceed against an accused for offences under the Indian Penal Code 1860 even if sanction for prosecution has not been granted in respect of PC Act offences as per Section 19 of the said Act.In this case, the appellant, a bank manager, was facing trial for offences punishable...
Electronics Shop Repairing & Servicing Electrical Goods Is “Factory” Under ESI Act: Supreme Court
The Supreme Court recently held that the electronic goods shop which sells goods and repairs/services such goods can be said to be engaged in a “manufacturing process” using “power” as defined under ESI Act and Factories Act, 1948.The Supreme Court bench comprising Justices Hima Kohli and Justice Rajesh Bindal was hearing an appeal against the Karnataka HC judgment which confirmed...
B.Ed. Graduates Ineligible For Post Of Primary School Teachers, Holds Supreme Court; Says 'Right To Education Includes Quality Education'
The Supreme Court has upheld the decision of the Rajasthan High Court which had made B.Ed. (Bachelor of Education) degree holders ineligible for appointment to the post of primary school teachers. The bench comprising Justice Aniruddha Bose and Justice Sudhanshu Dhulia opined that the fundamental right of primary education in India as guaranteed under Article 21A of the Indian Constitution...
RFCTLARR Act | Supreme Court Sets Aside Award Passed During COVID Lockdown; Says 'Fair Opportunity Of Hearing Must Be Given To Claimant'
A Division Bench of the Supreme Court, comprising Justices Surya Kant and Dipankar Datta, recently examined the objective of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act) while allowing an appeal. The Court held that for fair compensation under the said act, “it is imperative that a fair opportunity of hearing is...
Court Has No Power To Modify Award U/Sec 34 Arbitration & Conciliation Act : Supreme Court
The Supreme Court reiterated that a court, under Section 34 of the Arbitration and Conciliation Act, has no power to modify an arbitration award.The limited and extremely circumscribed jurisdiction of the court under Section 34 of the Act, permits the court to interfere with an award, sans the grounds of patent illegality, the bench of Justices S Ravindra Bhat and Dipankar Datta said.In...
'Can't Direct Govt To Introduce Bill': Supreme Court Sets Aside HC Directions To Make Law Commission Statutory Body & Codify Tort Law
The Supreme Court on Friday reiterated that a writ court cannot mandate to the legislature to legislate on a particular subject. A division bench of Justice Abhay S Oka and Justice Sanjay Karol observed that it is not within the power of a writ court to direct the Government to introduce a particular bill in the legislature and that it can only recommend amendments...
S 27 Evidence Act | Disclosure Statements Cannot Be Sole Basis For Conviction : Supreme Court
The Supreme Court observed that disclosure statements cannot be the sole basis for conviction in a criminal case."Although disclosure statements hold significance as a contributing factor in unriddling a case, in our opinion, they are not so strong a piece of evidence sufficient on its own and without anything more to bring home the charges beyond reasonable doubt.", the bench of Justice...
Abkari Act- Person Receiving Information Of Crime Or Detecting The Occurrence Can Investigate It: Supreme Court
While upholding a conviction under the Kerala Abkari Act, the Supreme Court observed that the testimonies of official witnesses can not be discarded simply because independent witnesses were not examined."The person receiving the information of the crime or detecting the occurrence thereof, can investigate the same", the bench of Justices Abhay S Oka and Sanjay Karol observed.In this case,...
Supreme Court Half Yearly Bail Digest 2023
Accused cannot be denied bail on the sole ground that the co-accused has not surrendered. Sebil Elanjimpally v. State of Odisha, 2023 LiveLaw (SC) 474 : 2023 INSC 557Accused not entitled to default bail when first extension (passed in absence of accused) wasn't challenged & second extension was passed in his presence. Qamar Ghani Usmani v. State of Gujarat, 2023 LiveLaw (SC) 297 : AIR 2023...
'Gun Firing Incidents In Courts Deeply Disturbing' : Supreme Court Issues Slew Of Directions For Security In Courts
The Supreme Court on Friday issued a slew of directions to ensure safety within court premises in light of the recent incidents of gun firing within court premises in the National Capital, stressing on the need to 'preserve the sanctity of the court'. The Apex Court also said that the recent incidents of violence has 'disturbed it to no end'. A division bench of Justice S Ravindra Bhat...
Essential Ingredients Of Section 504 and 506 Indian Penal Code : Supreme Court Explains
The Supreme Court recently held that for an offence of criminal intimidation to be made out under Section 506 (Punishment For Criminal Intimidation) of the Indian Penal Code,1860 it must be established that the accused had an intention to cause alarm to the complainant.A division bench of Justice B R Gavai and Justice J B Pardiwala observed:"A bare perusal of Section 506 of the IPC makes...