Supreme court
Stricter Approach Will Be Taken Regarding Bail In Custodial Death Cases Where Police Officers Are Accused : Supreme Court
The Supreme Court held that a stricter approach regarding bail will be adopted regarding cases of custodial torture where police officers are involved.“It is a fact that, in ordinary circumstances, we ought not to invoke our jurisdiction under Article 136 of the Constitution of India to invalidate an order granting bail to an accused. But this criteria, while dealing with the question...
IBC | Resolution Plan Approved By CoC Can't Be Withdrawn or Modified By Resolution Applicant: Supreme Court
The Supreme Court reiterated that once a resolution plan is approved by the Committee of Creditors (“CoC”) then it becomes impermissible for the resolution applicant to withdraw or modify the resolution plan. The Bench Comprising Justices Sanjiv Khanna and Dipankar Datta referred to the Judgment of Ebix Singapore Private Limited v. Committee of Creditors of Educomp Solutions Limited...
Cognizance Of Offence Under Drugs & Cosmetics Act 1940 Can't Be Taken Based On Police Officer's Complaint: Supreme Court
The Supreme Court held that cognizance cannot be taken of an offence under the Drugs and Cosmetics Act, 1940 based on a complaint filed by a police officer.Reversing the decision of the High Court which had refused to quash the proceedings against the accused, the Bench Comprising Justices Hrishikesh Roy and Prashant Kumar Mishra observed that under the Drugs and Cosmetics Act, the...
'Unresolved Crimes Erode Public Trust In Institutions': Supreme Court Orders CBI Probe Into Death Of Manipuri Woman In Delhi In 2013
Recently, the Supreme Court held that the power of the constitutional courts to transfer the investigation to the CBI must be exercised sparingly and in exceptional circumstances, however, the constitutional courts aren't restrained to transferring the investigation to the CBI for doing complete justice and ensuring there is no violation of fundamental rights.Observing so, the Court...
JJ Act | Juvenile Accused Can't Be Tried As Adult In Absence Of Preliminary Assessment & Report By JJB : Supreme Court
Recently, the Supreme Court held that the conviction of the accused child who was a 'child in conflict with law' cannot be sustained unless the preliminary assessment to ascertain the physical and mental capacity of the child to commit the crime and the need to try the child as an adult or a juvenile was adhered to as the mandatory requirements under the Juvenile Justice Act, 2015.Reversing...
Examination In Chief Of Witnesses Without Recording Their Cross-Examination Is Contrary To Law: Supreme Court
The Supreme Court (on March 18) observed that recording only the examination in chief of witnesses without recording their cross-examination is contrary to the law. To strengthen this, the Court also referred to Section 138 of the Indian Evidence Act of 1872, which outlines the examination order of witnesses. As per this provision, the witnesses are required to be first...
Income Tax Orders Not Conclusive Proof For Discharge In Case Under Prevention Of Corruption Act : Supreme Court
The Supreme Court on March 19, in a recent judgment held that exoneration in Income Tax proceedings by itself would not become a valid ground for the discharge of an accused under the provisions of The Prevention Of Corruption Act, 1988 (PCA).The bench comprising Justice Vikram Nath and Justice KV Viswanathan was sitting in appeal against an order of the Delhi High Court which refused...
Supreme Court Weekly Digest With Subject /Statute Wise Index [March 1 to 10]
Citations 2024 LiveLaw (SC) 180 to 2024 LiveLaw (SC) 219Agricultural Produce and Livestock Markets Act, 1966 Agricultural Produce and Livestock Markets Act, 1966 (Andhra Pradesh) – Ghee as a product of livestock – The inclusion of “ghee” as a livestock product cannot be faulted merely because it is not directly obtained from milk, which is a product of livestock, it would still be...
Bail Condition Restraining Political Activities Violates Fundamental Rights, Can't Be Imposed : Supreme Court
The Supreme Court recently ruled that requiring a politician to abstain from engaging in political activities as a condition for granting bail would violate fundamental rights. In a case titled Siba Shankar Das vs State of Odisha and another, a bench comprising Justices BR Gavai and Sandeep Mehta overturned a bail condition imposed by the Orissa High Court, which prohibited a politician...
Pre-Trial Injunctions Against Media Platforms Should Be Exceptional, Impact On Freedom Of Speech Must Be Seen: Supreme Court
The Supreme Court has urged the trial courts to be cautious while granting pre-trial injunctions against the publication of media articles and journalistic pieces in defamation suits.An interim injunction to take down an article not only impacts the author's right to publish but also the public's right to know, reminded the Court. The Court also urged the trial courts to take note of the trend...
Customs Act | S. 71 Inapplicable If Imported Goods Were Stocked Outside Notified Public Bonded Warehouse With Permission : Supreme Court
The Supreme Court has held that Section 71 of the Customs Act, 1962 would be inapplicable to cases where imported goods were stocked outside the notified public bonded warehouse with the permission of the concerned officer. A portion of the Appellant's factory premises was notified as a public bonded warehouse. The Appellant, with the permission of Superintendent of Customs and Central...
Overcharge v. Illegal Charge: Supreme Court Dismisses Railways' Appeals Against Indian Oil Over Refund Of Freight Charges
In a case involving excess payment of freight charges, the Supreme Court recently held against the Railways', observing that it levied an illegal charge on Indian Oil Corporation (IOC) for 444 kms when the actual relevant distance was only about 334 kms.The Bench of Justices JB Pardiwala and Sandeep Mehta passed the judgment in appeals filed by the Railways, against order of the Allahabad...