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Four Conditions To Invoke Section 27 Of Indian Evidence Act : Supreme Court Explains
The Supreme Court (on January 03), in a crucial judgment with respect to section 27 of the Evidence Act, reiterated the three conditions to invoke this provision. While doing so, the bench of Justices Sanjiv Khanna and S.V.N. Bhatti relied upon Mohmed Inayatullah v. State of Maharashtra., (1976) 1 SCC 828. The first condition is the discovery of a fact. This fact should be...
Supreme Court Annual Digest 2023-Code Of Criminal Procedure (CrPC)
Code of Criminal Procedure, 1973Code of Criminal Procedure, 1973 - Curtailment of 15 days of police custody by any extraneous circumstances, act of God, an order of Court not being the handy work of investigating agency would not act as a restriction. (Para 60) 2023 LiveLaw (SC) 611Code of Criminal Procedure, 1973 - Difference in the power of Police to register and investigate an FIR...
Supreme Court Refuses To Intervene In Plea By Family Of Indian Detained In Czech Over Pannun Murder Plot; Leaves Matter To Govt
The Supreme Court on Thursday (January 4) refused to entertain a habeas corpus petition filed on behalf of Indian citizen Nikhil Gupta, who is detained in the Czech Republic in connection with the plot to assassinate Khalistani separatist Gurpatwant Sigh Pannun in the United States of America.Terming it a sensitive issue involving international law, a bench comprising Justices Sanjiv Khanna...
'Custody' Under S.27 Evidence Act Doesn't Mean Custody After Formal Arrest; Includes Any Kind Of Restraint Or Surveillance: Supreme Court
In a significant judgment, the Supreme Court has held that the expression 'custody' used in Section 27 of the Indian Evidence Act does not mean formal custody."It includes any kind of restriction, restraint or even surveillance by the police. Even if the accused was not formally arrested at the time of giving information, the accused ought to be deemed, for all practical purposes, in the...
2008 Jaipur Blasts Case: Supreme Court Judge Justice Sandeep Mehta Recuses From Hearing Appeals Against Acquittals
Supreme Court judge Justice Sandeep Mehta has recused from hearing the appeal filed by the State of Rajasthan against the acquittal of accused persons in the 2008 Jaipur bomb blasts case. Justice B.R. Gavai was also a part of the division bench composition. On May 13, 2008, several explosions took place in Jaipur, resulting in the death of 71 persons and injuries to 185 persons. The...
No Conviction Possible Under S.364A IPC If Prosecution Doesn't Prove Abduction Was Coupled With Ransom Demand & Life Threat : Supreme Court
The Supreme Court (on January 03), in the context of Section 364 A (Kidnapping For Ransom) of the Indian Penal Code, 1860, observed that apart from proving the act of abduction, the prosecution must also prove the demand of ransom along with the threat to the life of the abducted person.“The necessary ingredients which the prosecution must prove, beyond a reasonable doubt, before the Court...
High Court Chief Justices Have No Power To Frame Rules On Post-Retiral Benefits To Former Judges : Supreme Court
The Supreme Court on January 3, while setting aside the directions of the Allahabad High Court to take into custody two Secretaries of the Uttar Pradesh Government for alleged non-compliance of directions regarding the facilities to retired judges, expressly stated that the High Court Chief Justices acting on the administrative side do not have any powers to usurp the rulemaking responsibility...
IBC - Is Dissenting Financial Creditor Entitled To Minimum Value Of Security Interest? Supreme Court Refers To Larger Bench, Doubts Precedent
The Supreme Court has referred to larger bench the issue whether a dissenting financial creditor is to be paid the minimum value of its security interest as per the Insolvency and the Bankruptcy Code 2016.A bench comprising Justices Sanjiv Khanna and SVN Bhatti, in the case DBS Bank Ltd Singapore v. Ruchi Soya Industries Ltd and another, referred the following question : Whether...
Bar Of Limitation Can't Be Avoided By Resorting To Article 136 When Statutory Appeal Available: Supreme Court
A Special Leave Petition filed against an order passed by National Company Law Appellate Tribunal, Chennai was dismissed yesterday by a three-Judge Bench of the Supreme Court comprising Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra. Pertinently, the Bench made an observation that a bar of limitation cannot be obviated or circumvented by taking recourse...
High Courts While Exercising S.482 CrPC Power Legally Bound To See If Accusations Constitute Any Offence : Supreme Court
The Supreme Court (on December 14), while allowing an appeal seeking quashing of an FIR, opined that while exercising power under Section 482, CrPC, the High Court was legally bound to see if accusations constitute any offence or not.To provide a brief background, the complainant (second respondent) and appellant had a minor daughter. The appellant had already filed a petition for the...
Bhima Koregaon Case | Supreme Court Issues Notice To NIA On Professor Hany Babu's Bail Plea
The Supreme Court on Wednesday (January 3) issued notice in the bail plea of Delhi University professor Hany Babu, who was arrested by the National Investigating Agency (NIA) in the Bhima Koregaon-Elgar Parishad case.A bench of Justices Aniruddha Bose and Sanjay Karol was hearing Babu's special leave petition challenging a September 2022 decision of the Bombay High Court to reject his...