Supreme court
Supreme Court Criminal Digest- March 2025
BailAnticipatory Bail - Condition for Automatic Custody Upon Charge-Sheet Submission - Such a specific direction, mandating coercive steps for custody, was improper. When granting anticipatory bail, the court should leave it open for the trial court to decide on bail after the charge-sheet is filed and the accused appears. (Para 3) Ritesh Kumar v. State of Bihar, 2025 LiveLaw (SC) 326Arrest...
High Courts Shouldn't Order CBI Investigation In A Routine Manner Or On Basis Of Vague Allegations: Supreme Court
The Supreme Court recently reiterated that mere bald allegations against the incompetence of the local police to investigate the case without any kind of substantiation would not justify the transfer of the investigation to the Central Bureau of Investigation (“CBI”). Relying on the constitution bench decision of State of W.B. v. Committee for Protection of Democratic Rights, (2010) 3 SCC 571, the bench comprising Justices Sudhanshu Dhulia and K Vinod Chandran set aside the Punjab &...
Suit Can Be Dismissed As Time-Barred Even If No Specific Issue Regarding Limitation Was Framed : Supreme Court
The Supreme Court observed that a Court can dismiss a suit as time-barred, even if no specific issue regarding limitation was framed.This is because of the mandate of Section 3 of the Limitation Act, as per which a Court must dismiss any suit, appeal, or application that is time-barred, even if the defendant has not specifically raised the issue in the pleadings.“The object of framing an issue is to determine the material point of disputes between the parties, for the purpose of adjudication....
XII Rule 6 CPC | Judgment On Admission Can Be Passed Even Dehors Pleadings : Supreme Court
The Supreme Court recently clarified the legal position under Order XII Rule 6 of the Civil Procedure Code (CPC), holding that a 'judgment on admission' may be delivered at any stage of the suit, relying on oral or written admissions even those made outside the pleadings and without the need for a separate application to invoke the provision. Order XII Rule 6(1) CPC empowers the court...
Supreme Court Monthly Digest March 2025
(Citations 2025 LiveLaw (SC) 274 to 2025 LiveLaw (SC) 372)AdministrationCompliance with Court Orders - Delay and Obstination - Harassment of Daily Wage Workers - The Supreme Court dismissed a Special Leave Petition filed by the Union Territory, observing that the case presented a "glaring and textbook example of obstination" by state officials who took 16 years to comply with a High Court...
Accused Who's Absconding Or Obstructing Warrant Executions Not Entitled To Anticipatory Bail : Supreme Court
The Supreme Court held that an accused person, who is creating hindrances in the execution of warrants or is absconding from trial proceedings, is not entitled to the privilege of anticipatory bail."When after the investigation, a chargesheet is submitted in the court, or in a complaint case, summons or warrant is issued to the accused, he is bound to submit himself to the authority of law. If...
Supreme Court Lays Down Guidelines For Interpretation Of Deeds & Contracts
The Supreme Court observed that when the language of a deed is clear and unambiguous, there is no justification for judicial intervention to interpret it differently. It added that applying the literal rule of construction, the words must be given their plain and natural meaning, as they are presumed to convey the true intent of the parties. “the court must look at the words used in...
Supreme Court Asks Petitioners Challenging Hindu Religious Endowments Acts Of TN, AP & Telangana To Approach HCs
The Supreme Court recently(April 1) disposed of petitions challenging the validity of the laws relating to Hindu Religious and Charitable Endowments of the States of Tamil Nadu, Andhra Pradesh and Telangana by asking the petitioners to approach the respective High Courts.A bench comprising Justice BV Nagarathna and Justice Satish Chandra Sharma observed that the High Courts would be in a...
PC Act | Preliminary Enquiry Can Be Dispensed With If FIR Is Based On Detailed Source Report Submitted To SP : Supreme Court
The Supreme Court reiterated that a preliminary inquiry is not a mandatory prerequisite under the Prevention of Corruption Act, 1988 (“PC Act”) for initiating a corruption case against a public servant. It added that a case against the public servant cannot be quashed solely on the ground that no preliminary inquiry had been conducted before the registration of the FIR. “To sum up,...
Prosecution Must Disprove Accused's Plea Of Alibi Before Convicting Based On 'Last Seen' Theory : Supreme Court
The Supreme Court held that the mere fact that the husband and wife were last seen together in their shared home does not, by itself, justify convicting the husband for the alleged murder if he raises a plea of alibi and the prosecution fails to effectively disprove it. Holding thus, the bench of Justices Sudhanshu Dhulia and K. Vinod Chandran set aside the husband's conviction for his...
Insurer Can 'Pay & Recover' If Driver Of Vehicle Meant To Carry Hazardous Substance Didn't Have Endorsement U/R 9 CMV Rules : Supreme Court
The Supreme Court on Tuesday (April 8) ruled that an endorsement under Rule 9 of Central Motor Vehicles Rules, 1989 is mandatory in the driving license for driving a vehicle carrying any dangerous or hazardous goods. Rule 9 mandates specialized training (including defensive driving, emergency handling, and product safety) and an endorsement for drivers of vehicles carrying hazardous...