Supreme court
Supreme Court Finds Fault With View That Accused Can Be Denied Bail Merely On Account Of Being A Foreigner
While hearing the bail plea of a foreign national denied bail by the Himachal Pradesh High Court, the Supreme Court yesterday expressed reservations about the view that bail can be denied to an accused merely because he is a foreign national.A bench of Justices Sanjiv Khanna, Sanjay Kumar and R Mahadevan refused to interfere with the impugned judgment, however faulted the reasoning of the...
Article 226 | High Court Should Not Reappreciate Evidence Led In Departmental Enquiry : Supreme Court
The Supreme Court quashed the judgment of a single of the Rajasthan High Court, affirmed by the division bench, on the grounds that despite concluding a departmental enquiry has been fairly and properly conducted, the court re-assessed evidence. A bench of Justices Hima Kohli and Ahsanuddin Amanullah held: “The learned single judge held that the findings returned in the enquiry were...
Supreme Court Dismisses ED's Plea Against HC Order Allowing NDTV To Seek Compounding Of Alleged FEMA Violations
The Supreme Court on Monday (August 12) dismissed the plea by Directorate of Enforcement (ED) challenging a Bombay High Court order that allowed New Delhi Television (NDTV) to pursue compounding proceedings for alleged violations of the Foreign Exchange Management Act (FEMA) before the Reserve Bank of India (RBI).A bench of Justice Abhay Oka and Justice Augustine George Masih ruled that there...
Supreme Court Weekly Round-Up (05 August-10 August, 2024)
Live Law has got you covered with all the latest updates of this last week. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the past week and the updates of the Constitution Bench hearing on the taxation matter of mineral-bearing lands, providing a succinct overview.Judgments/ Orders LG Can...
Specific Performance Suit's Limitation Period Runs From Date For Performance & Not From Expiry Of Agreement's Validity : Supreme Court
The Supreme Court recently held that the limitation period for a specific performance suit will run from the date fixed for the performance and not from the expiry of the validity of the agreement.Setting aside the concurring findings of the High Court and Appellate Court, the bench comprising Justices Vikram Nath and Prasanna B Varale observed : “The First Appellate Court and the High...
Supreme Court Half Yearly Digest 2024: Evidence Act
EvidenceAppreciation of Evidence – The High Court fails to appreciate evidence in a thorough manner and merely relied on a limited set of facts to arrive at a finding. In an appeal, as much as in a trial, appreciation of evidence essentially requires a holistic view and not a myopic view. Appreciation of evidence requires sifting and weighing of material facts against each other and...
Supreme Court Monthly Round-Up: July 2024
Here's a comprehensive overview of the Supreme Court of India proceedings during July 2024. This monthly digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the month of March and also the updates of the Constitution bench hearing on the taxation matter of mineral-bearing lands, providing...
Right To Bail Should Be Read Into S.45 PMLA When Accused Has Spent Long Time In Custody & There's Delay In Trial : Supreme Court
While allowing the bail plea of former Delhi Deputy Chief Minister Manish Sisodia in relation to the liquor policy case, the Supreme Court recently observed that in cases where there has been a delay in trial and the accused has spent a long period in custody, right to bail shall be read into Section 439 CrPC and Section 45 of the Prevention of Money Laundering Act (PMLA). The same will...
S. 27 Evidence Act | Statement Of Accused Inadmissible If No New Fact Is Discovered Pursuant To Disclosure: Supreme Court
The Supreme Court has held that the disclosure made by an accused under Section 27 of the Indian Evidence Act is irrelevant if the fact was previously known to the police.The Court held so while reversing the conviction in a murder case. The Court held that the disclosure of the accused regarding the crime scene was irrelevant as this fact was already known to the police. Hence, the statement...
Supreme Court Half Yearly Digest-Code Of Criminal Procedure [Jan – June, 2024]
Code of Criminal Procedure, 1973 'Absurdity': Supreme Court quashes FIR which alleged book in Indore law college library hurt religious sentiments. Inamur Rahman v. State of M.P. 2024 LiveLaw (SC) 423 Appeal against conviction – Held, Conviction is confirmed. The impugned judgments do not suffer from any infirmity warranting any interference. (Para 49 & 50) Sukhpal Singh v....
'Post-Investigation' FIR Suspicious: Supreme Court Holds Probe Tainted As Police Concealed Actual First Information
The Supreme Court on Thursday (Aug. 8) reversed the conviction in a murder case after noting serious loopholes regarding the registration of the First Information Report.The Court found that the FIR was registered not on the basis of the actual first information, but on the basis of a subsequent complaint. The Court said that such a "post-investigation" FIR does not inspire confidence.The...