Supreme court
Companies Act - Decision To Allot Additional Shares Cannot Be Set Aside Merely Because Promoters Have Also Benefited: Supreme Court
The Supreme Court has upheld the largely disproportionate allotment of rights share in favour of one group of shareholders of a private limited company, substantially increasing its shareholding percentage in the company over other group of shareholders.The bench comprising Justices K.M. Joseph and B.V. Nagarathna found that the increase in the appellant- H.M. Patel Group’s shareholding...
Supreme Court Acquits Father-Son Duo In A 27 Years Old Murder Case By According Benefit Of Doubt
The Supreme Court has acquitted a father-son duo in a twenty-seven years old murder case, who were convicted by the Sessions Court and High Court and were sentenced to life imprisonment for committing murder. The acquittal has been granted based on benefit of doubt and the failure of prosecution to prove that the Appellants have committed the offence beyond any reasonable doubt.The...
In Case Of Circumstantial Evidence, Chain Has To Be Complete In All Respect : Supreme Court
Reiterating that in a case of circumstantial evidence, "the chain has to be complete in all respects so as to indicate the guilt of the accused and also exclude any other theory of the crime," the Supreme Court has set aside the conviction and life sentence awarded to the accused in the murder case by the Madhya Pradesh High Court in 2010.The Court was hearing the appeal against the...
Sec 197 CrPC - Sanction Required Even For Acts Done In Excess Of Official Duty : Supreme Court
The Supreme Court has reiterated that sanction for prosecution as per Section 197(1) of the Code of Criminal Procedure is required even in cases where the official was acting in excess of his official duties.A bench comprising Justices V Ramasubramanian and Pankaj Mithal held so while acquitting a person, who was formerly an Executive Director of the Bharat Heavy Electricals Limited (BHEL), in...
Railways Not Liable For Theft Of Passenger's Belongings : Supreme Court Sets Aside Consumer Forum's Award
The Supreme Court has held that the theft of personal belongings of a Passenger is not “deficiency of service” by Railways. Accordingly, the Bench comprising Justice Vikram Nath and Justice Ahsanuddin Amanullah set aside orders passed by Consumer forum whereby Railways was directed to reimburse the stolen amount of cash to the Passenger.“We fail to understand as to how the theft could...
Approver Need Not Be Examined As Witness By Magistrate When Cognizance Is Taken By Special Court Under PC Act : Supreme Court
The Supreme Court has held that when the Special Court chooses to take cognizance directly under Section 5(2) of the Prevention of Corruption Act, the question of Approver being examined as a witness in the Court of the Magistrate as required by Section 306 (4)(a) of the Code of Criminal Procedure does not arise.Section 306(4) CrPC contemplates that every person accepting a tender of pardon...
State Monopolies, Govt Companies & PSUs Can't Violate Competition Act : Supreme Court
The Supreme Court has observed that State Monopolies, Government Companies and Public Sector Units cannot be allowed to indulge in anti-competitive practices in violation of the Competition Act 2002.A bench of Justices KM Joseph, BV Nagarathna and Ahsanuddin Amanullah made this observation while holding that the Competition Act is applicable to Coal India Ltd. The primary argument of CIL was...
Competition Act Applicable To Coal India Ltd : Supreme Court
The Supreme Court today held that Coal India Ltd. would come under the purview of the Competition Act, 2002 despite being a Public Sector Undertaking. A Bench of Justices KM Joseph, BV Nagarathna and Ahsanuddin Amanullah delivered the judgement today. "We reject the appellant's contention that the Competition Act does not apply to them because of the Coal Mines (Nationalisation)...
Supreme Court Says Punjab Police Rules Outdated In Terms Of Current Hierarchy Of Police Force; Directs Remedial Measures
The Supreme Court on Wednesday expressed its dissatisfaction noting how the Punjab Police Rules, 1934 have not been amended yet in terms of the current hierarchy of the police force. Explaining this, a Bench of Justices Vikram Nath and Ahsanuddin Amanullah said that as per the Rules, the authority of the Inspector General was envisaged as the highest during the legislation’s enactment. But...
Bail Condition To Furnish Bank Guarantee Unsustainable In Law : Supreme Court
The Supreme Court Bench comprising of Justice Aniruddha Bose and Justice Rajesh Bindal has set aside a pre-bail condition imposed by the High Court for furnishing Bank Guarantee worth Rs. 2 Crore by the accused(Karandeep Singh v CBI). The Bench has modified the condition by directing the Accused to deposit a bail bond of Rs. 5 Lakhs instead. The Bench has held as under:“Instead of...
Bar Council Of India Can Prescribe That Only Graduates From Recognized Law Colleges Can Enrol As Advocates : Supreme Court
The Supreme Court on Friday set aside an Orissa High Court order which had held that the Bar Council of India cannot impose a condition that a person must have graduated from a recognized law college to enrol as an advocate.Relying on the recent Constitution judgement in Bar Council of India vs. Bonnie Foi Law College & Ors (which upheld the All India Bar Examination), a Bench of...
Supreme Court Quarterly Criminal Law Digest [Jan – Mar 2023]
Adultery"It is not as if this court approved of adultery": Supreme Court clarifies 'Joseph Shine' judgment that declared Section 497 IPC unconstitutional. Joseph Shine v. Union of India, 2023 LiveLaw (SC) 117Adultery - Joseph Shine v. Union of India (2019) 3 SCC 39 - It is not as if this Court approved of adultery. This Court has found that adultery may be a moral wrong (per Hon’ble Ms....