Supreme court
Life Sentence Can Be Suspended Only If It's Apparent That Conviction Isn't Sustainable: Supreme Court
The Supreme Court observed that a life convict can be granted the benefit of suspension of sentence only if prima facie it appears that the conviction is unsustainable and the convict has a high chance of succeeding in appeal against the conviction. The Court said that the benefit of suspension of sentence cannot be granted to the convict if there is nothing palpable to conclude that...
High Courts & Trial Courts Have Forgotten That Bail Is Not To Be Withheld As A Punishment: Supreme Court
Sending an important message to the Courts across the country, the Supreme Court recently lamented that the High Courts and Trial Courts have forgotten that bail cannot be denied as a punishment."Over a period of time, the trial courts and the High Courts have forgotten a very well settled principle of law that bail is not to be withheld as a punishment," observed a bench comprising Justices...
If Prosecuting Agency Can't Ensure Speedy Trial, They Shouldn't Oppose Bail Citing Seriousness Of Offence : Supreme Court
Chastising the National Investigating Agency for delaying the trial in a case under the draconian Unlawful Activities (Prevention) Act 1967, the Supreme Court stated that if the prosecuting agency cannot protect the right to speedy trial of an accused, then they cannot oppose his bail application on the ground that the offence was serious."Howsoever serious a crime may be, an accused has a...
Supreme Court Weekly Digest With Subject /Statute Wise Index [May 11 to 20]
Citations 2024 LiveLaw (SC) 361 to 2024 LiveLaw (SC) 390AdvertisementGuidelines for Prevention of Misleading Advertisements and Endorsements of Misleading Advertisements, 2022; Guideline No. 8, 12 & 13 – Held, advertisers/advertising agencies and endorsers are equally responsible for issuing false and misleading advertisements. Such endorsements that are routinely made by public...
'Fixed Term Sentences Be Suspended Ordinarily' : Supreme Court Grants Bail To 70-Year-Old Disabled Man; Chides HC For Casual Approach
The Supreme Court on Wednesday (July 3) expressed displeasure with the Madhya Pradesh High Court's order for adopting a casual approach in refusing to consider the plea of a 70-year-old ailing man for the suspension of the sentence. While granting bail to the petitioner, the Supreme Court said that the plea for a suspension of sentence should be considered liberally in cases of fixed...
'Don't Make Mockery Of Justice' : Supreme Court Rebukes NIA For 4-Year Delay In Trial; Says Accused Has Right To Speedy Trial
Today (July 03), while granting bail to an accused who was in jail for four years, the Supreme Court sharply rebuked the National Investigation Agency for delaying the trial. The case was registered under the Unlawful Activities (Prevention) Act of 1967. The Court, without mincing its words, asked the prosecuting agency to not make “mockery of justice” and said that even though the...
'Incorrect' : Supreme Court Criticises HC Order Limiting Bail Of Undertrial To 2 Months When He Has Been Under Custody Since 2022
The Supreme Court on Tuesday (July 2) reiterated the settled legal position that an accused's right to speedy trial is a fundamental right and closely connected to the right to life and personal liberty. The Court deprecated the order of the High Court which overlooked the said principle and released the petitioner on bail for merely two months when the trial would take a long time...
Supreme Court Biannual Digest 2022 - 2023 [Code Of Civil Procedure, 1908]
The rules of procedure are essentially intended to subserve the cause of justice and are not for punishment of the parties in conduct of the proceedings. (Para 26.1) Prakash Corporates v. Dee Vee Projects Ltd., 2022 LiveLaw (SC) 162 : AIR 2022 SC 946 : (2022) 5 SCC 112 Civil Trial Fixing of the date of trial shall be in consultation with the learned advocates appearing...
'Absurd, Impossible' : Supreme Court On HC's Condition That Accused Will Get Bail Only If Victim Stands As Surety
The Supreme Court on Monday (July 1) expressed disappointment over an 'absurd' condition for bail imposed by the Patna High Court where the bail was granted to an accused on the condition that the victim of the offence should stand as his surety. The Court lamented how such a condition led to the petitioner suffering in jail for a year despite being ordered for release.The vacation bench...
'Heat Wave Now Because We Lost Green Cover' : Supreme Court Directs Delhi Govt, DDA For Replantation Of Trees
The Supreme Court on Wednesday (June 26) directed the Delhi Government and the Delhi Development Authority (DDA) to take effective steps in enhancing the green cover of the National Capital amidst the extreme heat wave that the public is suffering from. The Court also directed the implementation of the recommendations of a 3-member expert committee appointed earlier on May 16 to look into...
Supreme Court Refuses To Entertain Petition Challenging SARFAESI Condition Of Pre-deposit To Appeal Before DRAT
The Supreme Court on Wednesday (June 26) declined to issue notice in a petition filed by a Company Director challenging the validity of the condition of 50% pre-deposit for an appeal to DRAT (Debt Recovery Appellate Tribunal) under S. 18 of the SARFAESI Act. The main contention of the petitioner was that the provisos to the S. 18 impose the condition of depositing either 50% of the sum due to...
'Delhi Govt Has To Answer Many Questions' : Supreme Court Asks Why Forest Dept Didn't Act Against DDA For Tree Felling
The Supreme Court on Wednesday (June 26) came down heavily on the Delhi Government for allowing the Delhi Development Authority (DDA) to illegally cut trees.The Court asked why the Forest Department of the Delhi Government did not take any action despite being "fully aware of the gross violations by the DDA."A vacation bench comprising Justices Abhay S Oka and Ujjal Bhuyan was hearing a suo...