1990 Kashmir University VC Murder Case | 'TADA Procedural Safeguards Violated' : Supreme Court Dismisses CBI Appeals Against Acquittals

The Supreme Court dismissed the appeals filed by the CBI challenging the acquittal of seven persons in the case for the abduction and murder of Kashmir University Vice Chancellor and his Personal Secretary in 1990 by the Jammu & Kashmir Students Liberation FrontThe Court affirmed the acquittal of the accused persons citing a lack of credible evidence and procedural lapses in recording confessions.The Court held that the confessional statements were unreliable and failed to meet the...

Candidates Can't Be Rejected Solely Because They Had Higher Degrees Than Prescribed Qualification : Supreme Court

The word 'Degree' can mean means 'Bachelor's Degree', 'Master's Degree' or 'Doctorate Degree', the Court said.

Explained | Can FIR Be Registered Against A Sitting Judge? What Is In-House Enquiry Procedure On Complaint Against Judge?

Reports regarding the alleged recovery of unaccounted money from the residence of Justice Yashwant Verma of the Delhi High Court have sent shock waves across the legal fraternity.While it is understood that the Supreme Court Collegium is considering a proposal to transfer Justice Verma and that the Delhi HC CJ is enquiring into the matter, several concerns are being raised, quite rightly, by...

Supreme Court Declines To Intervene In Challenge Against Haj Policy 2025 Implementation

The Supreme Court refused to interfere with the implementation of the Union Government's Haj Policy, 2025 framed in consultation with Kingdom of Saudi Arabia. A batch of Writ Petitions were filed before the Supreme Court challenging the implementation of the Haj Policy, 2025 where the petitioners, who were Haj Group Organisers (“HGOs”), challenged the allocation of quotas of Haj pilgrims under the Haj-2025 Policy, alleging that the allocation was arbitrary and discriminatory in nature. They...

Motor Accident Claim Can't Be Rejected Merely Because Vehicle's Make Was Wrongly Described: Supreme Court

Mere discrepancy in the make of the vehicle is not a ground for rejecting the claim, particularly when the Registration Number was correctly cited.

Prioritise Criminal Appeals Of Elderly Accused On Bail, Especially When Crime Is Old: Supreme Court To High Courts

The Supreme Court has advised the High Courts to give adequate priority to criminal appeals, where the accused are on bail. If the accused persons have remained on bail, especially in cases involving life sentences, and the appeal is ultimately dismissed after several years, then sending the accused back to prison might be difficult, particularly when they have attained old age.The Court...

Not 'Consumer' Without Privity Of Contract : Supreme Court Rejects Flat Seller's Consumer Complaint Against Financier Of Buyer

The Supreme Court on Thursday (March 20) ruled that to qualify as a "consumer" under the Consumer Protection Act, there must be a direct contractual relationship between the parties.A bench comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah held that a party having no privity of contract with the service provider cannot be regarded as a consumer as per the Act.Brief...

S.53A Transfer Of Property Act Protection Not Available If Person Entered Into Agreement Knowing About Pending Litigation : Supreme Court

The Supreme Court recently reaffirmed that protection under Section 53A of the Transfer of Property Act, 1882 (“TPA”), for a person possessing a property under part performance of a contract, is not available to a party who knowingly entered into the agreement despite being aware of pending litigation.The Court approved the view of the High Court that Section 53A of the Transfer of...

IBC | Once Resolution Plan Approved, Dues Not Part Of It Get Extinguished : Supreme Court Rejects Post-Resolution Income Tax Demand

The Supreme Court today (March 20) declined a claim raised by the Income Tax Department to include a tax demand in a Resolution Plan after it was approved by the Adjudicating Authority under the Insolvency and Bankruptcy Code, 2016 (IBC).Citing the case of Ghanashyam Mishra and Sons Pvt. Ltd. v. Edelweiss Asset Reconstruction Company Ltd. (2021) 9 SCC 657, which held that all claims not...

Magistrate Can't Direct FIR Registration Under S.156(3) CrPC If Complainant Didn't Approach Police Before u/s 154(1) & 154(3) : Supreme Court

The Supreme Court has reiterated that before a complainant can seek a Magistrate's direction under Section 156(3) of the CrPC to register an FIR and investigate a cognizable offence, they must first exhaust the remedies under Sections 154(1) and 154(3) of the CrPC.Under Section 154(1), a person must report the offence to the officer in charge of a police station, who is required to record it...

Magistrate Cannot Direct Police To Include Accused In Charge Sheet; Instead Issue Summons To Person Proposed To Be Added : Supreme Court

The Supreme Court recently observed that if a court intends to add a person as an accused, it cannot direct the police to include their name in the charge sheet. Instead, the court may ssue a summons to the proposed accused if sufficient grounds exist, even if they are not named in the charge sheet. The bench comprising Justice Ahsanuddin Amanullah and Justice Prashant Kumar Mishra heard...

Land Acquired By Govt Cannot Be Transferred Back By Beneficiary To Original Owner Through Private Agreement : Supreme Court

The Supreme Court today (March 20) ruled that land acquired by the government through its sovereign power of eminent domain for public purposes cannot be transferred back to the original owner by the beneficiary of the acquisition through private agreements.A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar heard a case in which the Delhi Agricultural Marketing...