Supreme court
Supreme Court Forms Committee Led By Justice Ravindra Bhat To Address Investor Claims On Sai Group Of Companies
To deal with investor claims pertaining to the Sai Group of Companies, which are accused of illegal mobilization of funds, the Supreme Court recently invoked its power under Article 142 of the Constitution to appoint a High Powered Sale Committee (HSPC), to be headed by its former judge Justice S Ravindra Bhatt. It also granted interim bail to two founder-Directors of the companies, taking into account their incarceration of over 8 years.The judgment was delivered by a bench of Justices Surya...
O. 23 R. 3 CPC | Compromise Must Be Reduced To Writing & Signed By Parties, Mere Statements Before Court Not Enough : Supreme Court
The Supreme Court held that a compromise deed cannot be recognized unless it is reduced to writing and signed by the parties. The Court said that the settlement or compromise cannot be said to arrive on mere recording of statements before the Court.“for a valid compromise in a suit there has to be a lawful agreement or compromise in writing and signed by the parties which would then require it to be proved to the satisfaction of the Court.”, the Court said.“In the present case, neither the...
Doctrine Of Merger Won't Apply If SLP Was Dismissed Without Granting Leave Whether By Reasoned Order Or Not : Supreme Court
The Supreme Court on Monday (July 15) explained that when a petition for special leave to appeal is allowed by the court, the impugned judgment gets merged with the decision of the Supreme Court in the appeal arising from the SLP.“once leave has been granted in a Special Leave Petition, regardless of whether such appeal is subsequently dismissed with or without reasons, the doctrine of merger comes into play resulting in merger of the order under challenge with that of the appellate forum, and...
S. 294 CrPC | Calling Accused To Admit/Deny Genuineness Of Documents Produced By Prosecution Not Violation Of Article 20(3) : Supreme Court
Recently, the Supreme Court observed that an accused cannot be said to be a witness against himself if he was called upon to admit or deny the genuineness of the documents produced by the prosecution under Section 294 of the Code of Criminal Procedure (CrPC).“we are of the opinion that calling upon the accused to admit or deny the genuineness of the documents produced by the prosecution alongwith the list under Section 294 of Cr.P.C., could not be said to be in any way prejudicial to the right...
Supreme Court Weekly Round-Up (08 July-13 July, 2024)
Live Law has got you covered with all the latest updates of this last week. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the past week and the updates of the Constitution Bench hearing on the taxation matter of mineral-bearing lands, providing a succinct overview.Judgments/ Orders...
Revenue Record Entries Won't Confer Title; Rights Under Deed Won't Be Lost Merely Because Revenue Records Aren't Changed : Supreme Court
The Supreme Court observed that the lethargy or the carelessness on the part of the State Government in not getting the revenue records corrected would not take away the rights conferred on the State under a deed. The Court said that once the property is transferred to the State by way of a valid gift deed, then the property would be deemed to be owned by the State. The mere appearance of the transferor's legal heirs' name in the revenue records would not confer any title on them, the court...
Condition To Deposit 50% Of Compensation Ordered Under S.357 CrPC To Suspend Sentence Unjustified : Supreme Court
The Supreme Court has held that a condition cannot be imposed that the convict must deposit 50% of the compensation directed under Section 357 of the Code of Criminal Procedure to suspend the sentence. “..we are of the opinion that taking into account the purpose and object of Section 357, read with its enunciation in Dilip S. Dahanukar vs. Mahindra Co. Ltd. [2007 (6) SCC 528], the direction of the High Court granting suspension of sentence subject to the condition of depositing 50% of...
Supreme Court Imposes ₹3 Crore Cost On Bidder for Negligence, Says Greater Care Needed In Public Auctions To Prevent Waste Of Public Funds
The Supreme Court held that a government auction is a competitive bidding process, and bidders have to exercise a greater than ordinary degree of care to prevent situations that cost the public exchequer heavily in terms of time, effort and expense.“the bidders being experienced corporate entities are expected to have the assistance of technical experts, and exercise a greater than ordinary degree of care, if not meticulousness, to obviate and prevent such situations, in order to maintain the...
Can't Withdraw Prosecution Of Gruesome Crimes Merely Because Accused Is An Elected Representative : Supreme Court
The Supreme Court has held that the prosecution of a gruesome crime of double murder cannot be withdrawn by the State on the mere ground that the accused has a good public image being an elected representative.The Court added that being an elected representative does not per se mean that the accused enjoys a good public image.Holding so, a bench comprising Justices Vikram Nath and Satish Chandra Sharma set aside the withdrawal of prosecution of Ex-BSP MLA(and current BJP member) Chhote Singh in...
S.227 CrPC| Court Must Apply Its Mind On Whether Materials Of Case Disclose Grounds To Proceed Against Accused : Supreme Court
Discharging a person who was arraigned as an accused, the Supreme Court observed that the grounds for proceeding against the accused should not be based on mere suppositions suspicions, or conjectures but must be founded upon relevant material available before the Court.The Court said that while considering the application for discharge under Section 227 of CrPC, if 'the record of the case...
ED Claims TN District Collectors Have Withheld Documents; State Disputes ED Assertion
The Directorate of Enforcement (ED) has filed a report before the Supreme Court mentioning the documents which four District Collectors in Tamil Nadu have not been provided to the ED in the alleged illegal sand mining money laundering case. However, the State of Tamil Nadu disputed the ED's claim.A bench of Justice Bela Trivedi and Justice Pankaj Mithal was dealing with ED's plea against...
'Punishment Must Be In Proportion To Gravity Of Offence', Supreme Court Enhances Sentence For Bigamy
Observing that the Court must impose a sentence commensurate with the gravity of the offence, the Supreme Court on Monday (July 15) enhanced the sentence imposed on a man and a woman for the offence of bigamy under Section 494 of the Indian Penal Code.The accused were subjected to undergo meager imprisonment till the rising of the court. After taking into consideration the nature of the...