Supreme court
Can't Withdraw Prosecution Of Gruesome Crimes Merely Because Accused Is An Elected Representative : Supreme Court
The Supreme Court has held that the prosecution of a gruesome crime of double murder cannot be withdrawn by the State on the mere ground that the accused has a good public image being an elected representative.The Court added that being an elected representative does not per se mean that the accused enjoys a good public image.Holding so, a bench comprising Justices Vikram Nath and Satish Chandra Sharma set aside the withdrawal of prosecution of Ex-BSP MLA(and current BJP member) Chhote Singh in...
S.227 CrPC| Court Must Apply Its Mind On Whether Materials Of Case Disclose Grounds To Proceed Against Accused : Supreme Court
Discharging a person who was arraigned as an accused, the Supreme Court observed that the grounds for proceeding against the accused should not be based on mere suppositions suspicions, or conjectures but must be founded upon relevant material available before the Court.The Court said that while considering the application for discharge under Section 227 of CrPC, if 'the record of the case and the documents submitted therewith doesn't disclose grounds for proceeding against the accused then the...
ED Claims TN District Collectors Have Withheld Documents; State Disputes ED Assertion
The Directorate of Enforcement (ED) has filed a report before the Supreme Court mentioning the documents which four District Collectors in Tamil Nadu have not been provided to the ED in the alleged illegal sand mining money laundering case. However, the State of Tamil Nadu disputed the ED's claim.A bench of Justice Bela Trivedi and Justice Pankaj Mithal was dealing with ED's plea against Madras HC's order staying ED summons to District Collectors of Vellore, Trichy, Thanjavur and Ariyalur...
'Punishment Must Be In Proportion To Gravity Of Offence', Supreme Court Enhances Sentence For Bigamy
Observing that the Court must impose a sentence commensurate with the gravity of the offence, the Supreme Court on Monday (July 15) enhanced the sentence imposed on a man and a woman for the offence of bigamy under Section 494 of the Indian Penal Code.The accused were subjected to undergo meager imprisonment till the rising of the court. After taking into consideration the nature of the offence and the manner in which it was committed, the bench comprising Justices CT Ravikumar and Sanjay Kumar...
'State Can't Alter Schedule Caste List Published Under Art. 341', Supreme Court Quashes Bihar Govt Resolution To Merge EBC Community In SC List
The Supreme Court on Monday (July 15) struck down the resolution issued by the Bihar Government in 2015 which had merged one community in the Backward Castes list with another community in the Scheduled Caste list. The Court said that the State Government had no competence/ authority/power to tinker with the lists of Scheduled Castes published under Article 341 of the...
Trial Court Must Proactively Participate In Trial To Ensure Relevant Fact Isn't Left Out : Supreme Court
Recently, the Supreme Court held that the non-examination of the lead witness who gave information about the crime would be fatal to the prosecution's case. The Court said that the trial courts must be vigilant to call upon such witnesses for examination whose deposition is essential to arrive at a right conclusion. “As a matter of fact, the trial Court should have remained vigilant and it...
Chewing Tobacco Packed In High-Density Polyethylene Bags Are 'Wholesale Package'; Cannot Be Taxed As Retail Product Under Excise Act : Supreme Court
The Supreme Court recently held that pouches of chewing tobacco packed in High-Density Polyethylene (HDPE) bags would be considered a 'wholesale package' and could not be considered for imposing excise duty as per the provisions relating to retail sale price in the Central Excise Act, 1944.The bench of Justices AS Oka and Pankaj Mithal upheld the decision of the Central Excise Appellate...
Subsequent Suit For Rent Arrears Maintainable After Suit For Possession; Both Different Causes Of Action: Supreme Court
Observing that the suit for recovery of possession is different from the suit for arrears of rent and damages, the Supreme Court held that there's no bar to file a separate suit for arrears of rent and damages after a suit for possession. The Court said a second suit filed on a different cause of action would not be barred under Order 2 Rule 2 of the Code of Civil Procedure. Order 2 Rule...
Explained | Scope Of Article 131 Of Indian Constitution As Interpreted By Supreme Court In West Bengal's Suit Against Centre
While upholding the maintainability of an original Suit filed by the State of West Bengal against the Union of India over the suo motu registration of cases by the CBI in respect of offences committed within the State without its consent, the Supreme Court made certain pertinent observations regarding Article 131 of the Constitution. Before moving further, it is important to note...
PC Act | Public Servant's Demand Of Bribe Ought To Be Verified Before Initiating Trap Proceedings: Supreme Court
The Supreme Court has reiterated that the public servant cannot be held guilty of accepting a bribe unless the prosecution has established the demand of a bribe and its subsequent acceptance by the public servant. The Court said that when a trap is laid down to catch the public servant red-handed for accepting bribe, then the factum of demand of bribe by the public servant ought to be...
Supreme Court Biannual Digest 2022 -Â 2023 [Indian Penal Code]
Penal Code 1860Appeal against judgment of Allahabad HC which acquitted accused by setting aside conviction recorded by Trial Court under Section 302 and 148 IPC - Partly allowed - Accused convicted under Section 304 Part I r/w Section 149 IPC and for the offence under Section 148 IPC. State of Uttar Pradesh vs Subhash @ Pappu, 2022 LiveLaw (SC) 336 : AIR 2022 SC 1651 : (2022) 6 SCC...