Supreme court
Where Language Is Clear And Unambiguous, Document Should Be Interpreted Literally : Supreme Court
Dealing with a property dispute, the Supreme Court recently held that where the language used in an instrument/document is clear and unambiguous, only that clear expression of words is to be considered for the interpretation of the instrument, not the surrounding circumstances."It is a cardinal principle of interpretation that where the language employed in the instrument is clear...
Motor Accident Claims - Contributory Negligence Of Driver Can't Be Vicariously Attached To Passengers Of Vehicle: Supreme Court
The Supreme Court observed that the legal heirs of the deceased who died in the road accident can't be denied their rightful compensation on the ground that the driver of the car contributed to the accident.Referring to a precedent, the Court observed, "the contributory negligence on the part of a driver of the vehicle involved in the accident cannot be vicariously attached to the passengers...
Supreme Court Directs Centre To Pay Interest On Arrears Of Disability Pension To 1971 Indo-Pak War Veteran Who Lost His Right Leg
The Supreme Court today (September 19) directed the Union of India to pay interest on the arrears of disability pension to a retired army officer who lost his right leg below the knee during the 1971 Indo-Pak war.A bench of Justice Abhay Oka, Justice Pankaj Mihal and Justice Ahsanuddin Amanullah partly allowed an appeal by the veteran seeking interest on arrears of his disability pension after...
Supreme Court Directs West Bengal To Form Municipal Building Tribunal Within 2 Weeks, Asks HC To Initiate Contempt Proceedings On Default
The Supreme Court on Tuesday (September 17) directed the State of West Bengal to complete the formation of the Municipal Building Tribunal within two weeks, warning that failure to comply could lead to contempt of court proceedings.Under the Kolkata Municipal Corporation Act, 1980, any party aggrieved by a demolition order for unauthorised construction can appeal to the Municipal...
Brusque Approach Of High Court In Reversing Acquittal Can't Be Sustained: Supreme Court Sets Aside Murder Conviction
The Supreme Court observed that while deciding an appeal against the acquittal, it would be impermissible for the Appellate Courts to reverse a well-reasoned judgment rendered by the trial court. The Court said that a clear finding ought to be recorded by the Appellate Court while reversing the trial court's judgment. “In Rajendra Prasad v. State of Bihar (1977), a 3-Judge Bench of...
S.195 CrPC Bar Not Applicable When Forgery Was Committed On Document Before It Was Given As Evidence In Court : Supreme Court
Dealing with a case involving allegations of forgery, the Supreme Court recently reiterated that there is no embargo under Section 195(1)(b)(ii) of CrPC to examine an allegation of forgery of documents filed in Court, when such forgery is committed before its production.As per Section 195(1)(b)(ii) of the Code of Criminal Procedure, a Court can take cognizance of an offence of forgery in...
'Unbelievable That Eyewitness Identified Attackers Despite Power Outage' : Supreme Court Sets Aside Murder Conviction In 2006 Case
Today, the Supreme Court acquitted two persons who were convicted for the offence of murder holding that their convictions were solely based on the testimony of the deceased's wife, who claimed she eye-witnessed the incident despite a power outage but failed to identify the assaulter and the weapon used for attack.The deceased was the village head of Singi village and was murdered in his...
Travesty Of Justice If Prisoner Can't Get Benefit Of Bail Order Due To Inability To Furnish Local Surety: Supreme Court
The Supreme Court today (September 18) directed the release of a POCSO convict who continued to remain in custody despite a bail order passed in May 2024. The petitioner had been unable to secure release due to his inability to furnish local surety.A bench of Justice Hrishikesh Roy, Justice Sudhanshu Dhulia and Justice SVN Bhatti noted that continuing to keep him in custody despite a bail...
Motor Accident Claims| Guidelines Of State Legal Services Authority On Disability Compensation Not Binding On HC/MACT : Supreme Court
The Supreme Court observed that the guidelines issued by the State Legal Services Authority for deciding the disability compensation in motor accident claims ought not to be made applicable for determining just and reasonable compensation in the cases where the proof of earning has been brought on record. The Court said that the guidelines issued by the Legal Services Authority...
No Documentary Evidence From Department To Support Allegations; Supreme Court Grants Bail To Assessee Arrested Under Section 69 of CGST Act
The Supreme Court allowed a Special Leave Petition (SLP) filed by the assessee/accused, granting bail in a case registered under Section 132(1)(b), 132(1)(f), and 132(1)(i) of the Central Goods and Services Tax Act, 2017. The Bench of Justices J.K. Maheshwari and Rajesh Bindal granted bail on the basis that the department failed to file any documentary evidence against...
Head Of Department Guilty If Government Dept Fails To Comply With NGT Order : Supreme Court
The Supreme Court recently observed that if a Government Department fails to comply with an order of the National Green Tribunal (NGT), the Head of the Department shall be deemed liable for such failure as per section 28 of the National Green Tribunal Act, 2010.A bench of Justice Abhay Oka, Justice Ahsanuddin Amanullah and Justice Augustine George Masih set aside an NGT order deleting...
Atomic Energy Act's Ban On Licence To Private Entities For Nuclear Energy Purposes Not Arbitrary : Supreme Court
The Supreme Court has upheld the provisions of the Atomic Energy Act 1962 which prohibit private entities from obtaining licence for working on nuclear energy.The Court observed that these provisions serve a "salutary public purpose" by ensuring that nuclear energy is used only for peaceful purposes under stringent government control. The Court was hearing a petition filed by a Physicist,...