S.106 Evidence Act | Accused Has Duty To Offer Explanations When Offence Was Committed Within Privacy Of Their House : Supreme Court

The Supreme Court observed that when the offence was committed in the presence of the accused in the privacy of their house, then their failure to offer explanations can be treated as an adverse circumstance against them as per Section 106 of the Indian Evidence Act, 1872 (“IEA”).The bench comprising Justices Bela M. Trivedi and Satish Chandra Sharma heard a criminal appeal filed by...

Supreme Court Monthly Digest- August 2024 With Statute And Subject Wise Index

Ancient Monuments and Archaeological Sites and Remains Act, 1958Monument of national importance - Protection of a structure known as the Gumti - The petitioner challenged the dismissal of his writ petition by the Delhi High Court, which followed the Archaeological Survey of India's (ASI) report that changes made by the Defence Colony Welfare Association (DCWA) to the Gumti resulted in its loss...

S. 498A IPC | Courts Must Identify Instances Of Over Implication Of Persons In Cases & Avert Undue Suffering To Them: Supreme Court

Recently, the Supreme Court expressed dismay over the tendency to over-implicate the persons and to present an exaggerated version in Section 498-A IPC domestic cruelty cases. “We are of the view that in view of such circumstances, the courts have to be careful to identify instances of over implication and to avert the suffering of ignominy and inexpiable consequences, by such persons.”,...

S. 126 TPA | Gift Deed Can't Be Revoked Ordinarily, More Particularly When No Right Of Revocation Is Reserved In Deed : Supreme Court

The Supreme Court observed that a gift deed could not be revoked ordinarily, especially when no right of revocation is reserved in the deed. The judgment also explained the conditions to revoke a gift deed as per Section 126 of the Transfer of Property Act,The bench comprising Justice Pankaj Mithal and Justice Ujjal Bhuyan said that when the gift deed was executed by the donor in favor of...

Impossible Condition To Deposit Money Shouldn't Be Imposed To Suspend Sentence : Supreme Court

The Supreme Court today (October 24) held that if a condition to deposit an amount imposed by the appellate court while suspending sentence of a convict is impossible for the appellant to comply with, it may defeat the right to appeal and violate appellant's right under Article 21 of the Constitution.“Whenever a prayer is for suspension of the sentence of fine, the Appellate Court must...

When Title Declaration Suit Seeks Possession Recovery Also, Limitation Period For Possession Recovery Applicable : Supreme Court

The Supreme Court observed that when along with a suit for declaration of title, a further relief is sought, the limitation period would be governed by the Article governing the suit for such further relief. In other words, the bench comprising Justice Pankaj Mithal and Justice Ujjal Bhuyan explained that if in a suit for declaration of title, a further relief of recovery of possession is...

Inherent Powers Under Rule 11 of NCLT Rules Cannot Be Used To Circumvent Procedure To Withdraw CIRP Under S.12A IBC & R. 30A: Supreme Court

The Supreme Court Bench led by CJI DY Chandrachud comprising Justices JB Pardiwala and Manoj Misra held that 'inherent powers' cannot be used to subvert legal provisions, which exhaustively provide for a procedure. To permit the NCLAT to circumvent this detailed procedure by invoking its inherent powers under Rule 11 would run contrary to the carefully crafted procedure for withdrawal. In...

'Procedural Irregularity Can't Defeat Substantive Right': Supreme Court Sets Aside HC Order Dismissing Objections To Decree Due to Misapplication of Provisions

Observing that procedural irregularity cannot defeat substantive rights, the Supreme Court provided relief to the decree objector whose objection plea was refused by the High Court on the grounds of misapplication of the provisions in filing his objections towards execution of the decree. The case relates to the ascertainment of the right in a suit property where the first partition...

Aadhaar Card Not Suitable As Proof Of Date Of Birth : Supreme Court

The Supreme Court today set aside a High Court's decision to accept the date of birth mentioned in the Aadhaar Card to determine the age of the victim in a motor accident compensation case. The bench comprising Justices Sanjay Karol and Ujjal Bhuyan was not inclined to accept the suitability of the Aadhaar Card as proof of age. The Court observed that instead of referring to the date of...

Govt Counsel Should Have Written Instructions From Authorities; Court Should Act Against Officials Who Misrepresent: Supreme Court

In a notable observation, the Supreme Court recently underscored the necessity for parties, especially government authorities, to provide truthful and accurate information in writing. It emphasized that written instructions are crucial to prevent factual errors and misrepresentations, which can compromise the integrity of the judicial process. Relying on oral submissions alone can lead...

Supreme Court Strikes Down Delhi HC's “Strange” Bail Condition That Accused Must Arrange Accommodation & Reside In Delhi During Trial

The Supreme Court on Monday (October 21) struck down a bail condition imposed by the Delhi High Court in a murder case that required the accused to arrange accommodation in Delhi and reside there during the trial.A bench of Justice Abhay Oka and Justice Augustine George Masih, while dealing with an SLP filed by the accused against the bail conditions, found this condition to be “strange”...

Create Awareness About Free Legal Aid, Inform Convicts Of Their Right To Appeal : Supreme Court Issues Guidelines

In a significant judgment affirming the convicted prisoners' right to legal aid, the Supreme Court has passed a slew of directions on the aspect of awareness. It has been held that in the success of the functioning of the legal aid mechanism, "awareness is the key". A robust mechanism needs to be put in place and should be periodically updated to ensure that the various beneficial...