Supreme court
'Affinity Test' Cannot Be Applied As Litmus Test For Scrutinizing Caste Claims ; Pre-Constitution Period Documents Have Got Highest Probative Value : Supreme Court
The Supreme Court observed that 'affinity test' cannot be applied as a litmus test during scrutiny of caste claims."If an applicant is able to produce authentic and genuine documents of the per Constitution period showing that he belongs to a tribal community, there is no reason to discard his or her claim as prior to 1950, there were no reservations provided to the Tribes included in...
Only Fundamental Determinations Hit By 'Res Judicata', Not Incidental Or Collateral Findings : Supreme Court
The Supreme Court has held that only fundamental determinations of the Court are hit by res judicata in subsequent proceedings. If the Court makes any incidental, supplemental or non-essential observations, which are not fundamental but ‘collateral’ to the final determination, then those ‘collateral determinations’ would not be hit by res judicata. The Bench comprising of Justice...
Newspaper Reports Only Hearsay Evidence, Extra-Judicial Confession Has No Greater Credibility Because Newspapers Reported : Supreme Court
The Supreme Court recently reiterated that a newspaper report is only hearsay evidence and it can only be treated as secondary evidence under the Indian Evidence Act, 1872.A division bench of Justice Hrishikesh Roy and Justice Pankaj Mithal, while setting aside the sentence of life imprisonment awarded to two appellants accused of murder due to insufficient evidence,...
IBC- NCLAT Can 'Recall' Its Judgment, Can't 'Review' Them: Supreme Court Affirms NCLAT Ruling
The Supreme Court Bench comprising of Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia, while adjudicating an appeal filed in Union Bank of India v Financial Creditors of M/s Amtek Auto Limited & Ors., has upheld the ruling of National Company Law Appellate Tribunal (“NCLAT”) five-member bench, wherein it was held that NCLAT is empowered to recall its judgment but not to...
Supreme Court Grants Interim Bail To M Sivasankar For 2 Months On Medical Grounds
The Supreme Court on Wednesday granted interim bail to M Sivasankar, Former Principal Secretary to the Chief Minister of Kerala, for 2 Months on Medical Grounds. Sivasankar had approached the Top Court seeking bail in a money laundering case in connection with the LIFE Mission corruption case on grounds of ill-health. LIFE (Livelihood, Inclusion and Financial Empowerment) Mission project is...
'Substantial Progress Made To Prevent Circulation Of Child Porn, Rape Videos On Social Media': Supreme Court Closes PIL
The Supreme Court on Tuesday closed the Public Interest Litigation (PIL) filed for controlling indiscriminate circulation of child pornography and videos of gang rape and rape through WhatsApp and other social media after the expert committee constituted by the Court for the matter, submitted its report on how it proposes to address the issue. The Court had initiated this suo motu PIL in...
Supreme Court Imposes Cost On State of UP For Delay In Complying With Direction For Premature Release Of 4 Convicts
The Supreme Court on Tuesday recently the State of Uttar Pradesh to pay a cost Rs.10,000/- to all four persons whose premature release directed by the Apex Court had been delayed by the state.A division bench of Justice Abhay S Oka and Justice Sanjay Karol imposed costs stating that there was no explanation from the authorities for the long delay in releasing the convicts. On 21st April...
Cheque Dishonour - Concurrent Sentencing Rule Only When Cases Arise Out Of Single Transaction: Supreme Court
The Supreme Court observed that it is only when the conviction in a cheque case arise out of the single transaction, concurrent sentence would be merited. But when there are several transactions, the judgment in V.K. Bansal v. State of Haryana (2013) 7 SCC 211 cannot be relied upon, the bench of Justices Hrishikesh Roy and Pankaj Mittal observed.In this case, the petitioner (in Special...
'Breach Of Condition Must Be Fundamental To Deny Insurance Claim Altogether': Supreme Court Directs Insurer To Award 75% Claim In Vehicle Theft Case
In a case of vehicle theft, the Supreme Court held that any violation of the condition of the insurance policy should be in the nature of a fundamental breach to deny the claimant insurance coverage.Here, the insurer had repudiated the claim by saying that the driver had left the vehicle unattended in the public road with the key on the ignition."The time gap between the driver alighting from...
'Pending Application For Mining Lease Doesn't Create Any Vested Right' : Supreme Court Upholds Rajasthan Rule Introducing Auction
The Supreme Court on Tuesday set aside the order of the Rajasthan High Court that declared Rule 4 (10) and Rule 7(3) of the Rajasthan Minor Mineral Concession Rules, 1986 as unconstitutional.A division bench of Justice A.S. Bopanna and Justice M. M. Sundresh while setting aside the High Court order observed:“The High Court, in our considered view, has totally misconstrued the issues...
'Sudden Provocation As Rs 500 For Daughter Not Given' : Supreme Court Modifies Murder Conviction Of Wife Who Killed Husband
The Supreme Court altered conviction of a woman accused of killing her husband from Section 302 IPC(murder) to Section 304 Part 1 IPC (culpable homicide not amounting to murder)."The possibility of the accused causing the death of the deceased while being deprived of the power of self-control, due to the provocation on account of the deceased not agreeing to pay Rs.500/- to her daughter cannot...
Use Of Expression 'Ta Khubzul Badlain' In Sale Deed By Itself Will Not Be Determinative Of The True Nature Of The Transaction : Supreme Court
The Supreme Court observed that use of the expression 'ta khubzul badlain' in a sale deed by itself will not be determinative of the true nature of the transaction.When there is a specific recital in the Sale Deed that the title and possession in the property has been passed to the seller, the same are very crucial which cannot be brushed aside,...