Supreme court
Article 20 Doesn't Prohibit Court From Imposing Lesser Punishment As Per New Law: Supreme Court
The Supreme Court on Thursday (March 07) observed that Article 20(1) of the Constitution doesn't restrain the Courts from imposing a lesser punishment on the basis of a new law which came into force after the date of commission of the offence.Article 20(1), which incorporates the principle that criminal laws cannot be given retrospective operation, states that a person cannot be punished...
Section 94 Juvenile Justice Act | Ossification Test Has Been Kept At The Last Rung To Determine Age: Supreme Court
The Supreme Court, while denying the plea of juvenility preferred by a convict in a murder case, observed that to determine age, ossification test stands last in the order of priorities. Pertinently, Section 94(2) of the Juvenile Justice Act 2015 provides for the mode of determination of age. As per this provision, priority should be given to the date of birth certificate. In the...
Cooperating With Investigation Doesn't Mean Accused Is Expected To Make Self Incriminating Statements : Supreme Court
The Supreme Court observed that where the interim protection from arrest is subject to the accused's cooperation in the investigation, he/ she is not expected to make self-incriminating statements under threat of the State seeking the withdrawing of such protection. “An accused, while joining investigation as a condition for remaining enlarged on bail, is not expected to...
Narcotics Control Bureau Officers Must Follow 'Tofan Singh' Judgment That Confession Statements Aren't Admissible Evidence : Supreme Court
In the latest development, the Supreme Court (March 06) has firmly directed the Narcotics Control Bureau's officers to comply with its three-judge Bench judgment in Toofan Singh vs. State of Tamil Nadu., (2021) 4 SCC 1. “However, we clarify that the authorities/officers of the Narcotics Control Bureau must comply and abide by the judgment of this Court in “Toofan Singh vs. State of...
'Can't Expect Ex-HC Judge To Write Exam' : Supreme Court Relaxes Condition Of Written Test To Appoint State Consumer Commission President
The Supreme Court on March 7 relaxed a condition laid down in an earlier judgment that the Presidents of the State Consumer Dispute Commissions should be selected on the basis of a written test and viva voce. Acknowledging the impracticality of a written test for this specific post, which is to be occupied by a retired High Court judge, the Court has directed the relaxation of the...
'No Promise To Marry When Relations Started, She Was Already Married' : Supreme Court Quashes Rape Case
The Supreme Court recently quashed a criminal case against a man accused of raping a woman on the false pretext of marriage, after noting that when the relationship started, the woman was already married and that there was no promise to marry. The Bench Comprising Justices C.T. Ravikumar and Rajesh Bindal overturned the High Court's decision which had refused to quash the criminal case...
'Deceased Was Multi Tasking, Not Doing 9-5 Job' : Supreme Court Enhances Motor Accident Compensation
The Supreme Court recently enhanced the compensation in a motor accident claim after taking note of the fact that the deceased was deriving income from multiple jobs. The Bench Comprising Justices C.T. Ravikumar and Rajesh Bindal, while reversing the High Court's decision which had reduced the claim amount of the claimant/appellant, observed that the assessment of the compensation to be paid...
Standards Of Granting Bail To Police Officer Different From Layperson : Supreme Court Cancels Bail Of Cop Accused Of Wrongful Arrest
The Supreme Court on Wednesday (March 6) denied pre-arrest/anticipatory bail to a police officer who failed to discharge its fundamental duty as a police officer of carrying forward the investigation to its rightful conclusion to punish the guilty. The Bench Comprising Justices Vikram Nath and Sanjay Kumar while reversing the High Court's decision to grant pre-arrest bail to the...
Supreme Court Mulls Guidelines To Strengthen & Streamline Functioning Of Bar Associations Across Country
In a recent development, the Supreme Court has taken up the issue of strengthening and enhancing the overall functioning of Bar Associations across the country. The order dated March 4, passed by Bench of Justices Surya Kant and Dipankar Datta, called on senior counsels appearing in the case before it as well as those who were willing to assist to formulate issues that would...
'Ghee' A 'Product Of Livestock' : Supreme Court Dismisses Challenge To 1994 Andhra Pradesh Notification
In a recent ruling, the Supreme Court held “ghee” to be a “product of livestock” for the purposes of regulation of its purchase and sale in all notified market areas of Andhra Pradesh (AP). “The argument that “ghee” is not a product of livestock is baseless, and bereft of any logic…Livestock has been defined under Section 2(v) of the Andhra Pradesh (Agricultural Produce...