Supreme court
Supreme Court Summarises Factors To Decide Term Of Sentence Convicts Must Undergo Before Remission In Murder Cases
The Supreme Court, in its verdict, recapitulated certain factors that the courts considered while deciding convicts' period of sentence before remission could be sought. The Judgment was handed down by a three-judge Bench of Justices B.R Gavai, K.V Vishwanathan and Sandeep Mehta. These factors included the nature of injuries, the number of deceased victims, the criminal antecedents of...
Supreme Court Directs Indian Army To Pay Rs 50 Lakh Compensation To Ex-Havaldar Dismissed After Wrongful Diagnosis As HIV+ve
In a major relief to an ex-army havaldar, the Supreme Court on Wednesday (March 20) directed the Indian Army to award him a lumpsum compensation of Rs.50,00,000/- (Rupees fifty lakh only) towards compensation on account of wrongful termination of service. The case relates to a wrongful diagnosis of an ex-army havaldar who was terminated from the services wrongfully on account of his diagnosis...
General Reference Won't Have Effect Of Incorporating Arbitration Clause In Another Contract, Specific Reference Needed : Supreme Court
The Supreme Court reiterated that a dispute cannot be referred to arbitration based on the arbitration clause contained in another contract unless a specific reference was made in the main contract to incorporate the arbitration clause into the main contract. Reversing the findings of the High Court, the Bench Comprising Justices B.R. Gavai and Sandeep Mehta held that unless a specific...
Illegal Migrants Can't Be Blanketly Accepted As 'Refugees' : Centre Opposes Plea In Supreme Court To Protect Rohingyas
In a PIL seeking the release of detained Rohingya refugees in India, the Union made its stand clear by stating that Rohingyas are illegal immigrants and do not have the right to reside and settle, which is a fundamental right available only to the citizens. Given that India is a developing country with a large population, it was also stated that the welfare of its citizens must...
Party Claiming Adverse Possession Must Know Who The Actual Owner Of Property Is: Supreme Court
The Supreme Court held that a plaintiff cannot seek ownership over the property based on the claim of an adverse possession if he fails to prove (i) who was the actual owner of the property and (ii), an uninterrupted possession for more than 12 years was in the original owner's knowledge. Affirming the findings of the High Court and Trial Court, the Bench Comprising Justices Abhay S. Oka...
S.45 PMLA Doesn't Bar Power Of Court To Grant Bail If There's Delay In Trial : Justice Sanjiv Khanna
Supreme Court judge Justice Sanjiv Khanna on Wednesday (March 20) orally observed that Section 45 of the Prevention of Money Laundering Act(PMLA) does not bar a Court from granting bail to an accused if there is prolonged incarceration and delay in trial.According to Section 45 of the PMLA, bail can be granted to an accused in a money laundering case only if twin conditions are satisfied -...
Post-Disposal Application To Modify/Clarify Judgment Maintainable Only In Rare Cases : Supreme Court
While dismissing Adani Power's Miscellaneous Application (MA) seeking Late Payment Surcharge (LPS) from Rajasthan Discoms, the Supreme Court reasoned out that the miscellaneous application seeking clarification of the order passed by the court couldn't be entertained after the disposal of the matter.The Bench Comprising Justices Aniruddha Bose and Sanjay Kumar underscored the settled position...
Court Has To Strike Balance Between Testimony Of Injured Witness & Interested Witness : Supreme Court
The Supreme Court on Monday (March 18) overturned the conviction of the accused while observing that conviction cannot be sustained based on the testimony of the 'injured witness' who happens to be an 'interested witness' in the outcome of the case. Reversing the findings of the High Court and Trial Court which has convicted the accused, the Bench Comprising Justices Hrishikesh Roy and...
'Mockery Of Voter' : Supreme Court Questions ECI Using 'Legislative Majority' Test Under Symbols Order, Says It Can Encourage Defections
While hearing the case related to the rift in the Nationalist Congress Party (NCP), the Supreme Court on Tuesday (March 19) questioned the rationale of the Election Commission of India (ECI) giving official recognition to the Ajit Pawar faction solely based on the test of "legislative majority".The Court expressed a concern that this approach could encourage defections.A bench comprising...
Supreme Court Starts Anonymizing Identities Of Accused In Rape Cases Found To Be False
It is interesting to note that the Supreme Court has recently started anonymizing the names of the accused in judgments which quash rape cases as false.On March 18, the Supreme Court quashed an FIR against a person accused of raping a woman on the false pretext of marriage. The judgment titled "Ms.X versus Mr.A" has kept the name of the accused anonymous. On March 7, the Court delivered...