Supreme Court Issues Guidelines On Disposing Cases Through Plea Bargaining, Compounding Of Offences & Probation Of Offenders Act

The Supreme Court, in an order passed last month, issued the following guidelines for disposal of criminal cases by resorting to the triple method of plea bargaining, compounding of offences and under the Probation of Offenders Act, 1958.As a pilot case, one Court each of Ld. Judicial Magistrate 1st Class, Ld. ACJM or CJM, and Court of Sessions in each district may be selected. The said...

Marriage With Minor Muslim Girl Contravenes 'Prohibition Of Child Marriage Act': Karnataka High Court

While dealing with the bail plea of a man who married a minor Muslim girl, the Karnataka High Court recently rejected the argument that a minor Muslim girl's marriage upon attaining puberty (15 years of age) will not contravene The Prohibition Of Child Marriage Act, 2006.The Bench of Justice Rajendra Badamikar further observed that POCSO Act is a Special Act and it overrides personal law and...

Land Acquisition Act 1894 - Is Time Frame U/Section 11A Applicable To Acquisition Initiated By Invoking Urgency Provision U/Section 17? Supreme Court Answers

A Three Judges Bench of the Supreme Court, in a judgment delivered recently, answered a reference made to it on the issue whether the time frame contemplated under Section 11A of Land Acquisition Act 1894 is applicable to acquisition initiated by invoking urgency provision under Section 17.Section 11A and 17 Land Acquisition ActSection 11A provides that the award under section 11...

Extra Judicial Confession Of A Co-Accused Cannot Be Relied On As Substantive Evidence ; It's Only A Corroborative Piece Of Evidence : Supreme Court

The Supreme Court observed that the extra judicial confession of a co­-accused could not be relied on as substantive evidence.The confession of a co­ accused could be used only in support of the evidence and could not be made a foundation of a conviction, the bench of CJI UU Lalit and Justice JB Pardiwala observed.The bench observed thus while allowing the appeal filed by a...

Courts Should Refrain From Expressing Value Judgments And Policy Views In Order To Interpret Statutes: Supreme Court

The Supreme Court observed that the Courts should refrain from expressing value judgments and policy views in order to interpret statutes.Statutes are to be read in their plain language and not otherwise, the bench of Justices Hemant Gupta and Vikram Nath observed.In this case, the land acquisition by KIADB was for two companies viz. M/s MSPL Ltd. and M/s AARESS Iron and Steel Ltd. [AISL is...

Supreme Court Quarterly Complete Criminal Digest [July - September 2022]

Bail - Economic Offences - The gravity of the offence, the object of the Special Act, and the attending circumstances are a few of the factors to be taken note of, along with the period of sentence. After all, an economic offence cannot be classified as such, as it may involve various activities and may differ from one case to another - It is not advisable on the part of the court...

Karnataka Industrial Area Development Board Can Acquire Land For A Single Company To Set Up An Industry: Supreme Court

The Supreme Court observed that there Karnataka Industrial Area Development Board KIADB can acquire lands for a single company to set up an industry.In this case, the land acquisition by KIADB was for two companies viz. M/s MSPL Ltd. and M/s AARESS Iron and Steel Ltd. [AISL is fully owned subsidiary of MSPL]. Allowing writ appeal filed by a land owner, the Karnataka High Court...

Order Granting Anticipatory Bail Only Till Framing Of Charge Should Contain Reasons For Such Restriction: Supreme Court

The Supreme Court observed that if a court restricts the anticipatory bail upto framing of charge, the order should discuss the the peculiar facts and circumstances which warranted such restriction.In this case, the Allahabad High Court restricted the anticipatory bail granted to the accused only till framing of the charge. In response to the Special Leave Petition filed by the accused, ASG...

Unfortunate Fake News Spread Against Chief Justice Muralidhar : Orissa High Court Issues Statement, Condemns "Sinister Attempt" To Malign CJ

The Orissa High Court has issued a press release against the fake news being circulated in social media against Chief Justice Dr S Muralidhar.A lawyer named Advocate Srinivas Mohanty had published a photograph in his Facebook account with a caption that Chief Justice Dr S Muralidhar had a "closed door meeting" with Mr. VK Pandian IAS, the Private Secretary to Odisha Chief Minister Naveen...

Insurance Company Cannot Take A Defense Which Did Not Form The Basis Of Repudiation Of The Claim : Supreme Court

The Supreme Court observed that, in a claim made by the insured before a consumer commission, an insurance company cannot take a defense which did not form the basis of repudiation of the claim.In this case, the ground for repudiation of insurance claim was that there was no sufficient balance to cover the declaration and/or loss. The National Consumer Disputes Redressal Commission dismissed the...

'CCI Order Against Google Will Boost Digital Innovation': Interview With The 3 Young Lawyers Who Fought The Legal Battle

Search Engine Giant Google has been in news headlines for over a week now. This is because of two orders passed by the Competition watchdog of India, which heavily fined the Company.The first order passed by the Competition Commission of India on October 20 imposed a penalty of Rs. 1337.76 Crore on Google under Section 27 of the Competition Act, 2002, for abusing its dominant position in...

Subsequent Settlement Of Residents Not A Ground To Shift A Crematorium : Supreme Court

The Supreme Court observed that subsequent settlement of residents in city/town by itself cannot be a ground to shift cremetorium.The bench of Justices MR Shah and MM Sundresh allowed appeal filed by South Delhi Municipal Corporation challenging the Delhi High Court order that directed it to shift the crematorium at Village Masoodpur to Kishangarh. Maintenance of said places is an...