Supreme court
Highest Bidder In Tender Process Has No Vested Right To Contract : Supreme Court
In a recent case, the Supreme Court observed that the highest bidder in the Notice Inviting Tender (NIT) cannot have a vested right to have the auction concluded in his favor. The Court added that for the contract to be executed, a letter of allotment must be issued in favor of the successful bidder. The bench comprising Justice Bela M Trivedi and Justice Satish Chandra Sharma heard a civil appeal filed by Indore Development Authority (“Appellant”) challenging the High Court's Division Bench...
S. 27 Evidence Act | Recovery Based On Statement By Accused Before Recording Of S.27 Disclosure Not Admissible : Supreme Court
The Supreme Court held that an alleged recovery of incriminating materials based on a statement given by the accused en route the police station before the recording of the statement under Section 27 of the Indian Evidence Act at the police station is not admissible.The Court set aside the conviction of an accused in a murder case after noting that the discovery of the incriminating circumstances against the accused was not based on the disclosure statements made under Section 27 of the Evidence...
While Deciding Application Under S.319 CrPC, Court Must Consider Cross-examination As Well : Supreme Court
In a recent case, the Supreme Court observed that the summoning of an additional accused under Section 319 Cr.P.C. should not be only based on the examination in chief of the prosecution witnesses. The Court said that due credence must be also given to the prosecution witness cross-examination, if exists, before the filing of the application under Section 319 Cr.P.C. The bench comprising...
Distressing To Witness Discrimination Against Women In Governance When Country Aspires To Be Economic Powerhouse: Supreme Court
While granting relief to a woman Sarpanch in Chattisgarh against her removal from office, the Supreme Court expressed concerns about the growing trend of bureaucratic harassment against female elected representatives.The Court observed that such recurring instances of bureaucratic officers exacting vendetta against female sarpanches by causing their removal from offices highlight a...
S.164 CrPC Statement Recorded By Judicial Magistrate Can't Be Retracted By Witness On Flimsy Grounds : Supreme Court
The Supreme Court observed that the statements recorded under Section 164 of Cr.P.C. cannot be easily retracted as greater amount of credibility is associated with such statements because they are recorded by a judicial magistrate. The bench comprising Justice Bela M Trivedi and Justice Satish Chandra Sharma heard a criminal appeal filed by the accused who challenged their conviction based...
Retired Employee Not Entitled To Retrospective Promotion Or Benefits Of Promotional Post After Retirement : Supreme Court
The Supreme Court on Wednesday (Nov. 27) held that an employee whose promotion was not effectuated before his retirement would not be entitled to retrospective promotion and the notional benefits attached to the promotion. The bench comprising Justice PS Narasimha and Justice Sandeep Mehta observed that “promotion only becomes effective upon the assumption of duties on the promotional post...
Not Necessary That Bribe Amount Should Be Substantial To Draw Presumption Under S.20 Prevention Of Corruption Act : Supreme Court
While convicting a government servant for taking a bribe of Rs.2000, the Supreme Court observed that it was not necessary for the amount involved to be substantial to draw the presumption under Section 20 of the Prevention of Corruption Act, 1988.As per Section 20(3), the Court has the discretion to refrain from drawing adverse presumption against the public servant if the amount involved...
Hasn't Laid Down That Sentence Can Be Suspended Only If Half Term Is Undergone : Supreme Court
The Supreme Court recently clarified that it has not laid down any proposition that post-conviction bail can be granted only if the convict has undergone half of the sentence.While considering a petition challenging the refusal of the Madhya Pradesh High Court to suspend sentence, the Court observed that the High Court has misunderstood its decision in Atul @ Ashutosh v. State of Madhya...
Born Christian Can't Invoke Doctrine Of Caste Eclipse For Revival Of Caste Claiming Reconversion As Hindu : Supreme Court
The Supreme Court noted that an individual born as a Christian cannot invoke the doctrine of eclipse of caste, as the caste system is not recognized in Christianity. The bench comprising Justice Pankaj Mithal and Justice R. Mahadevan clarified that the doctrine of caste eclipse applies only when a person practising caste-based religion converts to caste-less religion. In such cases,...
For Offence Of Rape On False Promise To Marry, Physical Relationship Must Be Shown To Be Only Based On Marriage Promise : Supreme Court
A recent Supreme Court judgment has given clarity as to when a consensual sexual relationship can amount to the offence of rape on the false promise of marriage.The Court observed that when a woman has maintained a physical relationship with a man for a long period, it cannot be said with certainty that such relationship was solely because of a promise made by the man to marry her. A woman...