Supreme court
Supreme Court Weekly Round-up: November 25, 2024 To December 01, 2024
IndexCitationsM/S Ajay Protech Pvt. Ltd. v. General Manager & Anr., SLP (C) No. 2272 of 2024 2024 LiveLaw (SC) 915K.S. Muralidhar v. R. Subbulakshmi & Anr, SLP (C) No. 18337/2021 2024 LiveLaw (SC) 916Dr Balram Singh v. Union of India, W.P.(C) No. 645/2020, Dr. Subramanian Swamy v. Union of India, W.P.(C) No. 1467/2020 and Ashwini Upadhyaya v. Union of India, MA 835/2024 2024 LiveLaw...
'Legal Aid Must Be Effective; Prosecutors Must Ensure Fair Trial' : Supreme Court Issues Guidelines To Legal Aid Lawyers, Prosecutors
The Supreme Court today issued a slew of directions regarding the role of the Public Prosecutor and the appointment of Legal Aid Counsels in upholding procedural fairness and the fundamental rights of the accused in criminal trials. The Court said that the Public Prosecutor must assist the Trial Court in recording the accused's statement under Section 313 of the CrPC, ensuring all incriminating material circumstances are presented to the accused. While ensuring offenders are punished, the...
Trial Court Has Duty To Inform Accused Of Right To Free Legal Aid When Accused Has No Means To Engage Advocate: Supreme Court
In a crucial decision, the Supreme Court today set aside the conviction of a man accused of committing a rape and murder of a nine-year-old minor who was not afforded proper legal aid during the trial. The Court was shocked to know that the prosecution witness examination-in-chief was conducted in absence of the legal aid to the accused, depriving the accused of objecting to the leading questions asked in the examination-in-chief. “We are surprised to note that the examination-in-chief of PW-1...
In Specific Performance Suits, Advisable To Seek Interim Injunction Against Sale; Doctrine Of Lis Pendens May Not Be Good Enough : Supreme Court
The Supreme Court recently explained the importance of seeking an interim injunction in a suit for specific performance over simply relying on Section 52 of the Transfer of Property Act, 1882 (“TPA”). The bench, comprising Justice J.B. Pardiwala and Justice R. Mahadevan, observed that although Section 52 TPA takes care of the pendente lite transfers, it may not be effective for taking full care of the plaintiff. The Court clarified that in a suit seeking specific performance of...
Interlocutory Order Passed By Trial Court Can't Be Vacated By Appellate Court Unless Shown To Be Perverse, Arbitrary: Supreme Court
The Supreme Court recently cautioned the Appellate Courts against casually interfering with well-reasoned interlocutory orders passed by the trial courts, stating that the Appellate Court's discretion in vacating the interlocutory order should only be exercised if it is shown that the interlocutory order was arbitrary, capricious, perverse, or contrary to established legal...
No Nexus Between Company's Revenue & Amount Of Penalty For Environmental Damages : Supreme Court Disapproves NGT's Approach
The Supreme Court expressed disapproval of an order passed by the National Green Tribunal(NGT) which imposed penalty for environmental damages on a company based on its revenue.The Court observed that there was no nexus between the revenue generation of the company and the ascertainment of penalty for violation of environmental laws.The Court was hearing an appeal filed by a company against...
For Discharge Application, Only Documents Forming Part Of Chargesheet Can Be Considered : Supreme Court
In a recent case, the Supreme Court observed that while considering the application for discharge, only that document is to be considered which forms part of the charge sheet, and not the ones which were never part of the charge sheet. “In the case of State of Orissa vs Debendra Nath Padhi, (2005) 1 SCC 568, this Court has reiterated the well-settled law that while considering the prayer...
Know The Law | When Can Sex On Promise To Marry Amount To Offence Of Rape?
Recently, the Supreme Court expressed concern over the 'worrying trend' of initiating criminal proceedings under rape charges soon after a proloned consensual relationship breaksdown.In this explainer, we will dissect the issue of (1) What is a false promise to marry and how it's different from a breach of promise to marry?. (2) When can a promise to marry be considered 'false'? and (3) How can...
Experience Marks Can't Be Denied To Outsourced Employee Performing Regular Duties Though Not In Sanctioned Post : Supreme Court
The Supreme Court held that experience marks cannot be denied solely because a candidate worked as an outsourced manpower. If the candidate performed duties aligned with the sanctioned post, they are eligible for marks, even if the candidate was not appointed on the sanctioned post, the court said. “The first respondent, thus, cannot be denied the benefit of mark for experience merely...
S. 306 IPC | Simple Refusal To Marry Not Abetment To Suicide : Supreme Court
The Supreme Court today set aside the conviction of a man who was charged with the offence of abetment to suicide (Section 306 IPC) because his lover committed suicide upon his refusal to marry her. The bench comprising Justice Pankaj Mithal and Justice Ujjal Bhuyan observed that simple refusal to marry someone would not amount to instigation to commit suicide. Instead, it must be shown...
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...
