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Appellate Court Should Give Benefit Of Doubt To Accused If A View Different From Trial Court's View Is Possible : Supreme Court
The Supreme Court has observed that an appellate court should give the benefit of doubt to the accused persons if the evidence on record indicates the prosecution has failed to prove the guilt of the accused beyond reasonable doubt and that a plausible view, different from the one expressed by the courts below can be taken.Reversing the concurrent findings of guilt entered by the trial court...
'Farishtey Dilli Ke' Scheme | Supreme Court Seeks LG's Affidavit; Warns Delhi Govt Of Costs If Minister Is Found To Have Misled Court
While hearing the Delhi government's plea for the immediate disbursement of funds for its flagship 'Farishtey Dilli Ke' scheme, the Supreme Court on Friday (January 5) was told by Lieutenant Governor VK Saxena that he is not involved in the scheme extending cashless medical treatment for road accident victims. The government, led by the Aam Aadmi Party (AAP), has however alleged that the...
Insurance Policy Effective From Date Of Issuance, Not From Date Of Proposal Or Date Of Issuance Of Receipt: Supreme Court
In the context of insurance protection, the Supreme Court held that the policy issuance date would be the relevant date for all purposes.The issue before the Court was what would be the date from which the policy becomes effective; whether it would be the date on which the policy is issued or the date of the commencement mentioned in the policy, or it would be the date of the issuance of...
“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-VIII]
Q.36 Whether an “extra-judicial confession” made by the accused to TV and press reporters in an interview arranged by the police while the accused was in the immediate presence of the police or in police custody, is admissible? Ans. No, such “extra-judicial confession” will be hit by Section 26 of the Evidence Act. If the statement was made to a police officer, it will...
Men Should Remove Condescending Attitude Towards Women : Justice BV Nagarathna
Delivering a lecture on the 'Role of the Judiciary in Empowerment of Indian Women' organised by Justice Sunanda Bhandare Foundation, Justice BV Nagarathna, judge of the Supreme Court, highlighted the importance of the support from the society and male members of the community to truly uplift women and help them achieve their dreams."Both men and women must realise that they are pillars of...
'Blender's Pride' v. 'London Pride' : Whiskey Bottles Produced Before Supreme Court To Show Trademark Infringement
The Supreme Court on Friday (January 5) issued notice on a special leave petition filed by Pernod Ricard India Pvt Ltd, the Indian subsidiary of an international liquor manufacturer, challenging the refusal of the Madhya Pradesh High Court to grant injunction against the alleged infringement of the trademarks of whiskey brands "Blender's Pride", "Imperial Blue" etc.The bench comprising of...
Supreme Court Dismisses UP Govt.'s Appeal Against Allahabad HC Order Quashing Demand Of Rs. 235.52 Crores Against VIVO
On Thursday(January 4), the Supreme Court dismissed a Special Leave Petition filed by the State of Uttar Pradesh against the order of the Allahabad High Court quashing the demand of Rs. 235.52 Crores raised against Vivo Mobile India Private Limited raised by GST Authorities vide order under Section 74(9) of the Goods and Service Tax Act 2017.In the peculiar facts of the case, the bench...
Supreme Court Stays Centre's Orders Which Allowed Ex Post Facto Environmental Clearance
In a significant development this week, the Supreme Court suspended two union government orders from July 2021 and January 2022 for ex-post facto clearance for mining projects without the prior environmental clearance mandated under the 2006 Environment Impact Assessment (EIA) notification. The interim order was passed by a division bench of Justices BR Gavai and Sandeep Mehta in a...
No Case Of Rape By False promise Of Marriage When Marriage Was Solemnised Ultimately: Supreme Court
The Supreme Court (on January 03), while quashing a criminal case against the accused-appellant for raping a 25-year-old woman on the pretext of marriage, held that there was a consensual relationship that culminated into marriage. Thus, the Court did not find any basis for the allegation that the physical relationship was due to the false promise of marriage as, ultimately, the marriage...
Lack Of Dissenting Judgement In Article 370 Case A Matter Of Regret: Senior Advocate Fali S Nariman
Renowned Senior Advocate Fali S Nariman on Friday (January 5) expressed regret over the absence of a dissenting judgment in the recent Supreme Court verdict on the abrogation of Article 370, emphasising the crucial role dissent plays in legal proceedings. Nariman was speaking as the guest of honour at the 28th Justice Sunanda Bhandare Memorial Lecture on 'Role of the Judiciary in Empowerment...
Tenant Can't Claim Adverse Possession Against Landlord; Tenancy Is Permissive Possession : Supreme Court
The Supreme Court observed that tenants cannot claim claim adverse possession against their landlords, since their possession is permissive in nature.A bench comprising Justices Vikram Nath and Rajesh Bindal was deciding an appeal filed by a plaintiff challenging a judgment of the Allahabad High Court which dismissed the suit for ownership/possession as time-barred.The plaintiff claimed...