High Court Judgment Cannot Be Declared Illegal Under Article 32 Of Constitution : Supreme Court

The Supreme Court held that a High Court judgment cannot be declared illegal under Article 32 of the Constitution. The Court added that if petitioners are aggrieved by the impugned judgment for not being heard, they can either pray for its recall or challenge the same through a special leave petition.“In our considered opinion, under Article 32 of the Constitution, the judgment of the...

Supreme Court Asks 3 High Courts If Commercial Divisions Dealing With Admiralty Law Are Constituted

The Supreme Court recently sought a response from the Registrar Generals of the High Courts of Karnataka, Kerala and Orissa on the status of setting up Commercial Divisions dealing with admiralty cases.The bench of CJI Sanjiv Khanna and Justice Sanjay Kumar was hearing a commercial suit relating to admiralty and maritime law, when a circular dated 24.02.2022 issued by the High Court...

Bodily Injuries Not Necessary To Prove Sexual Assault; Victims Respond To Trauma In Different Ways : Supreme Court

The Supreme Court (on January 16) reiterated that bodily injuries are not necessary to prove sexual assault. It is a common myth that sexual assault must leave injuries., the Court said. Elaborating, the Court explained that victims react to trauma in different ways and it is not just to expect a uniform reaction."We must caution that bodily injuries are not necessary to prove sexual assault...

Important MCQs Based On Latest Supreme Court Judgments For Law Examinations

Q 1. The High Court passed an interim order in a second appeal without framing a substantial question of law. According to the High Court, because the interim order was passed at the pre-admission stage by exercising its inherent powers under Section 151 of the Code of Civil Procedure ('CPC'), thus it was not necessary to frame a substantial question of law. Decide.a. The High Court didn't...

Recording Of Search And Seizure Through Audio-Video Electronic Means Under Section 105 Of The BNSS

Modern perspectives in criminal investigation, by the integration of scientific and electronic techniques with traditional criminal investigation methods, ensure not only efficiency in the investigation but also transparency and accountability in that process.The Supreme Court, over the last few years, has consistently laid emphasis on the need and necessity of presenting scientific and electronic evidence by the prosecution to establish the guilt of the accused. Advancement of information...

Kolkata Court Convicts Accused Sanjoy Roy In RG Kar Rape-Murder Case

A sessions court in Kolkata has held main accused Sanjoy Roy as guilty in the RG Kar rape-murder case. The sentencing hearing will take place on Monday.At the hearing, accused Roy claimed his innocence and stated that he was not involved in the incident. Court held Roy guilty of rape and murder of the trainee doctor.The court relied on forensic reports which pointed to the involvement of Roy...

Supreme Court Annual Digest 2024- BNS/ Indian Penal Code

THE BHARTATIYA NYAYA SANHITA, 2023 (BNS) AND THE INDIAN PENAL CODE, 1860 (IPC) | SUPREME COURT ANNUAL DIGEST 2024CORRESPONDING SECTIONS and COMPARISON SUMMARYSection 3 (5) - General explanations - Acts done by several persons in furtherance of common intention[Section is included as sub-section in BNS sans heading. No other change.]Section 34 – Applicability of - Murder - Sentencing...

Prior Sanction For Entertaining Private Complaint Under PC Act? Supreme Court To Hear Former Karnataka CM Yediyurappa's Pleas From February 28

The Supreme Court on Friday (January 17) said it will begin hearing matters pertaining to cases registered under Prevention of Corruption Act (PC) involving former Karnataka Chief Minister B.S Yediyurappa from February 28. In the 5 matters listed against the former Karnataka CM, arising out of five different factual backgrounds, the common issue raised is whether prior sanction would be...

Order II Rule 2 CPC Doesn't Bar Second Suit For Relief Which Was Barred At The Time Of First Suit : Supreme Court

The Supreme Court observed that when the plaintiff couldn't seek the required relief in the first suit, Order II Rule 2 CPC would not bar him from seeking such relief made available to him by happening of an event, by filing a subsequent suit.“when it is not possible for the plaintiff to obtain a particular relief in the first instance but such relief becomes available to him on the...

S. 100 CPC | High Courts Cannot Pass Interim Order In Second Appeal Without Framing Substantial Question Of Law : Supreme Court

Observing that a second appeal under Section 100 CPC cannot proceed without framing substantial questions of law, the Supreme Court set aside the Andhra Pradesh High Court's order which granted an interim relief in the plaintiff's favor without framing a 'substantial question of law'.The bench comprising Justices JB Pardiwala and R Mahadevan was hearing an appeal on the question whether the...

Know The Law | Banks' Liability When Customers Lose Money Due To Unauthorised Transactions

While upholding State Bank of India's liability for a fraudulent and unauthorized transaction reported in a customer's bank account, the Supreme Court recently observed that banks cannot shy away from the responsibility to safeguard their customers from unauthorized transactions reported from their accounts.The order was passed in the case of a customer who indulged in online shopping and...

'Direct CBI To Lodge FIR Against Justice Shekhar Yadav': 13 Senior Advocates Write To CJI Sanjiv Khanna

In the evening today, 13 senior advocates of the Supreme Court have written to the Chief Justice of India Sanjiv Khanna against Justice Shekhar Kumar Yadav of the Allahabad High Court. It has been stated in the letter that the December 8, 2024 speech of Justice Yadav amounts to "hate speech" as per the jurisprudence laid down by the Supreme Court. Therefore, in light of the fact that a...