Supreme court
Magistrate Doesn't Take Cognizance Of Offence While Directing Police Investigation As Per S.156(3) CrPC : Supreme Court
Recently, the Supreme Court reiterated that a Judicial Magistrate cannot be said to have taken cogniznance of an offence by directing an investigation by the police under Section 156 (3) of the Code of Criminal Procedure.Reversing the findings of the High Court, the bench comprising Justices Bela M Trivedi and Pankaj Mithal while referring to the case of Devarapalli Lakshminarayana Reddy...
Time-Barred Suit Must Be Dismissed Even If Plea Of Limitation Isn't Raised As Defence : Supreme Court
The Supreme Court held that even if the plea of limitation is not set up as a defence, the Court has to dismiss the suit if it is barred by limitation. Reversing the findings of the High Court's Division Bench, the bench comprising Justices BR Gavai and Sandeep Mehta upon placing reliance on the case of V.M. Salgaocar and Bros. v. Board of Trustees of Port of Mormugao and Another, (2005) 4...
Supreme Court Quarterly Criminal Digest 2024
AcquittalAppeal from acquittal – Principles of deciding – Appreciation of evidence is the core element of a criminal trial and such appreciation must be comprehensive i.e. inclusive of all evidence, oral or documentary. Partial or selective appreciation of evidence may result in a miscarriage of justice and is in itself a ground of challenge. If the Court, after appreciation of...
Exclusion Clauses In Insurance Contracts To Be Construed Strictly & Against Insurer : Supreme Court
In a recent ruling, the Supreme Court reiterated that the burden of proving applicability of exclusionary clauses in insurance contracts is on the insurer and such clauses must be interpreted strictly against the insurer, as they may completely exempt the insurer of its liability.The bench of Justices PS Narasimha and Aravind Kumar was dealing with an insurance company's appeal against an...
Specific Performance Of Contract Can Be Refused If Suit Wasn't Filed Immediately After Breach Though Within Limitation Period : Supreme Court
Even though the limitation period for filing a suit for specific performance of a contract is three years, the Supreme Court held that every suit for specific performance of the contract filed within the period of limitation cannot be decreed. The court noted that the three-year limitation period for filing the suit for specific performance of the contract wouldn't grant liberty to a...
Know The Law| Can There Be A Blanket Stay On Money Decree?
In cases where a money decree is being challenged, a common question that often arises is whether a blanket stay, in its execution, can be granted without requiring the judgment debtors (against whose favour the Court has decreed the suit) to deposit a part of the money decree. One such case happened recently where though the Court had decreed the suit in favour of the plaintiff;...
Specific Performance Suit Can't Be Decreed Based On Power Of Attorney Holder's Deposition About Plaintiff's Readiness & Willingness: Supreme Court
The Supreme Court held that wherein the plaintiff is required to prove his readiness and willingness to perform the contract, then the suit for specific performance of the contract cannot be decreed based on the deposition made by the plaintiff's power of attorney about the plaintiff's readiness and willingness to perform a contract.“We are of the view that in view of Section 12 of the...
Supreme Court Quarterly Digest On Indian Evidence Act [Jan – Mar, 2024]
Appreciation 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 a conclusion...
Supreme Court Quarterly Digest -Indian Penal Code [Jan-Mar, 2024]
Indian Penal Code, 1860 - Supreme Court Quarterly Digest 2024Section 34 & 120B – Since the foundational facts essential for constituting the substantive offences under Sections 153A and 504 IPC are not available from the admitted allegations of prosecution, the allegations qua the subsidiary offences under Sections 34 and 120B IPC would also be non est. (Para 30) Shiv Prasad Semwal v....
Principles Relating To Dying Declaration : Supreme Court Explains
The Supreme Court held that corroboration of the dying declaring statement isn't required when it inspires the confidence of the court to convict the accused. “The law relating to dying declaration is now well settled. Once a dying declaration is found to be authentic inspiring confidence of the court, then the same can be relied upon and can be the sole basis for conviction without...
Arbitrator's Power Under Section 32(2)(c) Can Be Exercised Only If Continuation Of Proceedings Has Become Unnecessary Or Impossible: Supreme Court
The Supreme Court bench of Justice Abhay S. Oka and Justice Pankaj Mithal held that the power under Section 32(2)(c) of the Arbitration and Conciliation Act, 1996 can be exercised only if, for some reason, the continuation of proceedings has become unnecessary or impossible.The bench held that the mere existence of a reason for terminating the proceedings is not sufficient. The reason must...