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Supreme Court Criminal Digest September 2023
Bail - One cannot apply one bail order to all the other subsequent cases. (Para 8) PACL v. Central Bureau of Investigation, 2023 LiveLaw (SC) 747 : 2023 INSC 795Can anticipatory bail be granted to proclaimed offender? only in exceptional & rare cases, holds the Supreme Court. State of Haryana v. Dharamraj, 2023 LiveLaw (SC) 739 : 2023 INSC 784Certified copy can be produced to prove...
UAPA | Bail Can't Be Denied Merely Because Allegations Are Serious If There Is No Prima Facie Case : Punjab & Haryana High Court
The Punjab & Haryana High Court has granted bail to a man booked under stringent Unlawful Prevention of Activities Act (UAPA), observing that there was no prima facie case made out in the case for allegedly planning to commit some terrorist acts based on relations with Pakistan.A division bench of Acting Chief Justice Ritu Bahri and Justice Manisha Batra noted that, "on the basis...
Agreement To Sell Doesn't Transfer Ownership Rights Or Confer Title : Supreme Court
The Supreme Court reiterated that an agreement to sell does not transfer ownership rights or confers any title."Agreement to Sell is not a conveyance; it does not transfer ownership rights or confers any title," observed a bench comprising Justices Vikram Nath and Rajesh Bindal.Therefore, the bench held that the agreement to sell was not barred under the Karnataka Prevention of Fragmentation...
Eateries Must Exhibit Date & Time Of Food Preparation On Packaging: Kerala High Court In 'Shawarma Death' Case
The Kerala High Court on Tuesday directed the issuance of instructions to eateries to exhibit the date and time of preparation of food articles on its packaging. The Court issued the direction while considering a plea by the mother of a 16-year-old who lost her life in 2022, upon consuming the dish, 'Shawarma'. Justice Devan Ramachandran in this regard, also directed necessary steps to be...
Can't Object To Judgeship Merely For Views Held As Lawyers : CJI DY Chandrachud On Justice Victoria Gowri's Elevation
During a recent conversation at Harvard Law School, Chief Justice DY Chandrachud responded to a question about the appointment of Justice Victoria Gowri to the Madras High Court, which became controversial as she was facing accusations of making hate speeches against religious minorities. The audience member raised concerns about the collegium not withdrawing the recommendation...
Stray Dog Bite: Punjab & Haryana High Court Orders Minimum Rs.10K Compensation Per Tooth Mark, Issues Guidelines To Curb Menace
The Punjab & Haryana High Court has issued a slew of directions to police to expeditiously deal with the cases lodged pertaining to incidents of stray or wild animal menace in Punjab, Haryana & Chandigarh. In case of stray dog bites, the Court has ordered a minimum compensation of Rs.10,000 per tooth mark and where the flesh has been pulled off the skin, it shall be a minimum of...
Supreme Court Half Yearly Digest 2023: Insolvency And Bankruptcy Code
Companies Act, 2013 - Upholds the constitutionality of Section 327(7) of the Companies Act, which excludes workers dues from priority payment in the event of liquidation of a company under the Insolvency and Bankruptcy Code 2016 - The object and purpose of amending the Companies Act 2013 and to exclude Sections 326 and 327 in the event of liquidation of a company under IBC seem to be that...
'Threat To Girl Children Including Those Yet To Be Born': Why Kerala Court Awarded Death Penalty To Convict For Rape-Murder Of 5 Year Old
"Manner in which a five year old girl was abducted, intoxicated with liquor, raped repeatedly, done carnal intercourse against the order of the nature, murdered the child and the method adopted by the accused for defacing and concealing the dead body revealed the traits of outrageous criminality in the behaviour of the accused and his premeditated action," a Kerala Court observed on...
New Criminal Procedure Code Needs Provision To Secure Safe Custody Of Digital Evidence : Parliamentary Panel
The Bharatiya Sakshya Bill and the Bharatiya Nagarik Suraksha Sanhita - which are introduced by the Union Government to replace the Indian Evidence Act and the Code of Criminal Procedure - has no provision to safeguard the authenticity and integrity of digital evidence, observed the Department-related Parliamentary Standing Committee on Home Affairs.The Bharatiya Sakshya Bill (BSB) has...
Deviation From Plain Terms Of Contract Warranted Only When It Serves Business Efficacy Better: Supreme Court
The Supreme Court recently reiterated the need of interpreting commercial contracts in alignment with the original intent of the parties involved. It also opined that a deviation from the plain terms of the contract is warranted only when it serves business efficacy better.Reliance was also placed on the Transmission Corporation of Andhra Pradesh Ltd v. GMR Vemagiri Power Generation...
'Past Conduct Not Always A Factor When Imposing Death Penalty' : Supreme Court Commutes Death Sentence
Last week, the Supreme Court set aside the death sentence of a man accused, along with others, of firing on and killing multiple people over suspected political enmity in Uttar Pradesh’s Muzaffarnagar, observing that although the crime fell in the ‘rarest of rare’ category, the death row convict was not beyond reformation. His recidivism had factored in with the confirming...
Kerala Court Awards Death Penalty To Convict For Rape-Murder Of 5-Year-Old Within 109 Days Of Offence
A Kerala Court on Tuesday sentenced to death a 28 year old man for the brutal rape and murder of a 5 year old girl at Aluva in July this year.The convict is Asafaq Alam, a native of Bihar. The victim also belonged to a migrant labourer family hailing from Bihar.Ernakulam POCSO Court Judge K. Soman passed the sentence within 109 days of the occurrence of the tragic incident. The child had...