Supreme court
S. 294 CrPC | Calling Accused To Admit/Deny Genuineness Of Documents Produced By Prosecution Not Violation Of Article 20(3) : Supreme Court
Recently, the Supreme Court observed that an accused cannot be said to be a witness against himself if he was called upon to admit or deny the genuineness of the documents produced by the prosecution under Section 294 of the Code of Criminal Procedure (CrPC).“we are of the opinion that calling upon the accused to admit or deny the genuineness of the documents produced by the...
Supreme Court Weekly Round-Up (08 July-13 July, 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...
Revenue Record Entries Won't Confer Title; Rights Under Deed Won't Be Lost Merely Because Revenue Records Aren't Changed : Supreme Court
The Supreme Court observed that the lethargy or the carelessness on the part of the State Government in not getting the revenue records corrected would not take away the rights conferred on the State under a deed. The Court said that once the property is transferred to the State by way of a valid gift deed, then the property would be deemed to be owned by the State. The mere appearance of...
Condition To Deposit 50% Of Compensation Ordered Under S.357 CrPC To Suspend Sentence Unjustified : Supreme Court
The Supreme Court has held that a condition cannot be imposed that the convict must deposit 50% of the compensation directed under Section 357 of the Code of Criminal Procedure to suspend the sentence. “..we are of the opinion that taking into account the purpose and object of Section 357, read with its enunciation in Dilip S. Dahanukar vs. Mahindra Co. Ltd. [2007 (6) SCC 528], the direction...
Supreme Court Imposes ₹3 Crore Cost On Bidder for Negligence, Says Greater Care Needed In Public Auctions To Prevent Waste Of Public Funds
The Supreme Court held that a government auction is a competitive bidding process, and bidders have to exercise a greater than ordinary degree of care to prevent situations that cost the public exchequer heavily in terms of time, effort and expense.“the bidders being experienced corporate entities are expected to have the assistance of technical experts, and exercise a greater than...
Can't Withdraw Prosecution Of Gruesome Crimes Merely Because Accused Is An Elected Representative : Supreme Court
The Supreme Court has held that the prosecution of a gruesome crime of double murder cannot be withdrawn by the State on the mere ground that the accused has a good public image being an elected representative.The Court added that being an elected representative does not per se mean that the accused enjoys a good public image.Holding so, a bench comprising Justices Vikram Nath and Satish...
S.227 CrPC| Court Must Apply Its Mind On Whether Materials Of Case Disclose Grounds To Proceed Against Accused : Supreme Court
Discharging a person who was arraigned as an accused, the Supreme Court observed that the grounds for proceeding against the accused should not be based on mere suppositions suspicions, or conjectures but must be founded upon relevant material available before the Court.The Court said that while considering the application for discharge under Section 227 of CrPC, if 'the record of the case...
'Punishment Must Be In Proportion To Gravity Of Offence', Supreme Court Enhances Sentence For Bigamy
Observing that the Court must impose a sentence commensurate with the gravity of the offence, the Supreme Court on Monday (July 15) enhanced the sentence imposed on a man and a woman for the offence of bigamy under Section 494 of the Indian Penal Code.The accused were subjected to undergo meager imprisonment till the rising of the court. After taking into consideration the nature of the...
'State Can't Alter Schedule Caste List Published Under Art. 341', Supreme Court Quashes Bihar Govt Resolution To Merge EBC Community In SC List
The Supreme Court on Monday (July 15) struck down the resolution issued by the Bihar Government in 2015 which had merged one community in the Backward Castes list with another community in the Scheduled Caste list. The Court said that the State Government had no competence/ authority/power to tinker with the lists of Scheduled Castes published under Article 341 of the...
Trial Court Must Proactively Participate In Trial To Ensure Relevant Fact Isn't Left Out : Supreme Court
Recently, the Supreme Court held that the non-examination of the lead witness who gave information about the crime would be fatal to the prosecution's case. The Court said that the trial courts must be vigilant to call upon such witnesses for examination whose deposition is essential to arrive at a right conclusion. “As a matter of fact, the trial Court should have remained vigilant and it...
Chewing Tobacco Packed In High-Density Polyethylene Bags Are 'Wholesale Package'; Cannot Be Taxed As Retail Product Under Excise Act : Supreme Court
The Supreme Court recently held that pouches of chewing tobacco packed in High-Density Polyethylene (HDPE) bags would be considered a 'wholesale package' and could not be considered for imposing excise duty as per the provisions relating to retail sale price in the Central Excise Act, 1944.The bench of Justices AS Oka and Pankaj Mithal upheld the decision of the Central Excise Appellate...