Supreme court
'One Day Trial' In POCSO Case : Supreme Court Affirms HC Order For Fresh Trial After Setting Aside Conviction
The Supreme Court (on March 01) affirmed the Patna High Court's order of a 'De-novo' trial in a matter where the accused's trial, under the Protection of Children from Sexual Offences Act, was concluded in 'one day.' The High Court, in its judgment, noted that the Trial Court had shown 'ugly haste.'The matter was heard by a Division Bench comprising Justices Abhay S. Oka and Ujjal Bhuyan....
Hospital's Registration Can't Be Cancelled Under PC & PNDT Act If Not Expedient In Public Interest: Supreme Court
The Supreme Court held that the suspension/cancellation of the registration of the Hospital/Clinic under Section 20(3) of the Pre-Conception and Pre-ÂNatal Diagnostic Techniques (Regulation & Prevention of Misuse) Act, 1994 ("PC&PNDT Act") is permissible only when the Appropriate Authority believes that it is necessary or expedient so to do in the public interest."in our...
'Deceased Was Frustrated Due To Work Pressure' : Supreme Court Quashes SC/ST Act Case Against Man Over Suicide Of His Junior
The Supreme Court recently quashed a 22-year-old criminal case against a person for allegedly abetting the suicide of a Scheduled Caste person who was working as his junior.The accused-appellant herein was working as the District Savings Officer in Kannauj District. It was alleged that the deceased, junior to the accused, killed himself in suicide on 3rd October 2002. The deceased left a...
Court Should Be Cautious And Slow In Dealing With The Recruitment Process Adopted By Recruitment Agencies: Supreme Court
The Supreme Court (on March 05) held that merely because a recruitment agency is not in a position to satisfy the Court, relief cannot be extended to a deprived candidate. It was also observed that courts have to be cautious and slow in dealing with the recruitment process adopted by the recruitment agency. A lot of thought process has gone into applying the rules and regulations, the...
Supreme Court Constitutes Committee To Examine Issue Of Safaris In Tiger Reserves, Allows Existing Tiger Safaris To Continue
The Supreme Court on Wednesday (March 6) directed the constitution of a committee to decide the issue of zoos or safaris within tiger reserves, national parks, and wildlife sanctuaries. The Court added that existing safaris will not be disturbed. This implies that the tiger safari at the Jim Corbett National Park, which was the subject matter of the case, can continue subject to...
Conviction Can Be Solely Based On Dying Declaration If It Inspires Confidence: Supreme Court
The Supreme Court held that the conviction of the accused can be sustained solely based on the dying declaration if the declaration made by the victim inspires the confidence of the court and proves to be trustworthy i.e., the victim was in a conscious state of mind to make such a dying declaration. “The Court is required to satisfy itself that the deceased was in a fit state of mind at...
'Amazed At Audacity': Supreme Court Slams Ex-Forest Minister Harak Singh Rawat And DFO Of Uttarakhand For Illegalities In Jim Corbett Park
Amidst the controversy over the Uttarakhand government's proposal to construct animal enclosures inside the Jim Corbett National Park, the Supreme Court on Wednesday (March 6) directed the constituting a committee to recommed whether tiger safaris should be permitted in the buffer or fringe areas and what guidelines should be promulgated for establishing such safaris, if...
'It's A Right Under Article 131' : Supreme Court Asks Centre To Not Insist That Kerala Should Withdraw Suit To Allow Additional Borrowing
The Supreme Court on Wednesday (March 6) expressed disapproval of a condition imposed by the Union Government on the State of Kerala that the former will give consent for additional borrowing only if the latter withdrew the suit filed in the Supreme Court.A bench comprising Justices Surya Kant and KV Viswanathan was hearing the suit filed by the State of Kerala against the Union under Article...
Test Applied Under Section 319 CrPC Is More Than A Prima Facie Case : Supreme Court
The Supreme Court reiterated that while allowing an application under Section 319 of the CrPC, the test to be applied is more than just a prima facie case, as exercised at the time of framing of charge, but short of evidence that if left unrebutted would lead to conviction. This Section confers power on the Court to proceed against persons, other than named as accused in the...
Supreme Court Issues Notice In Plea Alleging Poor Conditions, Non-Implementation Of RTE Act In Bihar Govt Schools
In a plea alleging dismal state of government schools in Bihar and seeking implementation of the provisions of Right of Children to Free and Compulsory Education Act, 2009 in the state's government schools, the Supreme Court on Monday issued notice and called for the authorities' response.The Bench of CJI DY Chandrachud and Justices JB Pardiwala, Manoj Misra was hearing a challenge brought...
No Evidence Could Be Led Beyond Pleadings : Supreme Court
The Supreme Court observed that the evidence which was not a part of the pleadings couldn't be led in the trial. “There is no quarrel with the proposition of law that no evidence could be led beyond pleadings. It is not a case in which there was any error in the pleadings and the parties knowing their case fully well had led evidence to enable the Court to deal with that evidence. In the...
'Remember We Exist For Litigants' : Supreme Court Rebukes Registry For Not Drawing Divorce Decree For 5 Months
The Supreme Court (on March 01) expressed its displeasure on its Registry for failing to comply with its specific direction to draw a decree of divorce. It is appropriate to mention that under this decree, more than ten proceedings were disposed of by mutual consent. However, this direction was not complied with for more than five months. “We must note here that the decree is of...