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Commercial Courts Act | Limitation Period Starts From Pronouncement Of Judgment & Not Receipt Of Copy : Supreme Court
The Supreme Court held that the limitation period for filing an appeal under the Commercial Courts Act, 2015, commences from the date of pronouncement of the judgment and that a party cannot insist that the limitation starts only from the date of receiving a copy of the judgment.The Court clarified that while Order XX Rule 1 of the CPC places a duty on the court to provide a copy of the...
Supreme Court Dismisses Plea Against Demolition In Ahmedabad Slum Area For Redevelopment Purposes
The Supreme Court today dismissed a litigant's plea against demolition action sought to be carried out in a slum area of Ahmedabad, Gujarat for redevelopment purposes. The Court, however, gave liberty to the litigant to make a representation before the competent authority for a "sympathetic" reconsideration of their requirement for larger alternative accommodation.A bench of Justices Surya...
S. 311 CrPC | Court Can Permit Examination Of Additional Witness As Prosecution Witness If Prosecution Ought To Have Called Them: Supreme Court
The Supreme Court today(April 28) held that an additional witness summoned as per Section 311 of the Code of Criminal Procedure can be examined as a Prosecution Witness if the Court finds that such a person ought to have been examined as a prosecution witness but was omitted due to oversight.The Court also held that the powers under Section 165 (judge's power to put questions or order...
'What Use Of Highways If People Die There?' : After Supreme Court Rebuke, Centre Agrees To Notify 'Golden Hour' Treatment Scheme
The Supreme Court on Monday (April 28) was told by the Centre that a scheme for cashless treatment of road accident victims during the "golden hour" would be brought into force within one week.“Secretary of MoRTH, Government of India, appears. He states that the scheme for golden hour in accordance with Section 162(2) of the Motor Vehicles Act, 1988 will be brought into force within a period...
Evidence Of Hostile Witness Cross-Examined By Prosecution Can't Be Discarded Fully; Court Must Assess What Can Be Accepted : Supreme Court
While confirming the convictions of eleven accused persons in the 'Kannagi-Murugesan' honour killing case from Tamil Nadu, the Supreme Court held that just because a witness has supported some, though not all, aspects of a case, it would not automatically mean that the witness has to be declared as 'hostile'.A bench comprising Justices Sudhanshu Dhulia and PK Mishra dismissed the appeals filed...
TN Honour Killing Case : Supreme Court Upholds Life Sentence Of Police Inspector For Fabricating Evidence Against Dalits
In the horrific 'Kannagi-Murugesan' honour killing case which took place in Tamil Nadu in 2003, the Supreme Court, while confirming the convictions of nine persons, also upheld the conviction of two police officers, who were accused of fabricating evidence.A bench comprising Justice Sudhanshu Dhulia and Justice Prashant Kumar Mishra rejected the appeals of K.P. Tamilmaran and M. Sellamuthu,...
When Joint Hindu Family Property Is Partitioned, Shares Of Parties Become Their Self-Acquired Properties : Supreme Court
The Supreme Court recently reaffirmed that following the partition of a joint family property, the individual shares allotted to each co-parcener become their self-acquired property."After the joint family property has been distributed in accordance with law, it ceases to be joint family properties and the shares of the respective parties become their self-acquired properties," the...
District Judges' Recruitment : Supreme Court Issues Notice To Rajasthan High Court
The Supreme Court today(April 28) issued notice to the Rajasthan High Court on a writ petition challenging the decision to commence a fresh recruitment process for District Judges without deciding a pending challenge to the 2020 recruitment process.A bench of Justices JB Pardiwala and R. Mahadevan issued notice to the Registrar General. Advocate-on-Record Namit Saxena, for the...
Supreme Court Stays Gauhati HC's Contempt Proceedings Against Bar Association President
The Supreme Court today(April 28) granted interim protection to the Gauhati High Court Bar Association President, KN Choudhary, against the contempt proceedings initiated by the Gauhati High Court.The High Court had initiated the proceedings based on a complaint filed by the Advocate General against Choudhary and two other senior lawyers, alleging that Anil Kumar Bhattacharyya and...
'Sharia Court', 'Court Of Kazi' Etc Have No Legal Recognition; Their Directions Not Binding: Supreme Court
The Supreme Court reiterated that a 'Court of Kazi', 'Court of (Darul Kaja) Kajiyat','Sharia Court' etc., by whatever name styled, have no recognition in law and any direction given by them is not enforceable in law.A bench comprising Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah referred to the 2014 judgment in Vishwa Lochan Madan v Union of India,which held that Shariat Courts...