Supreme court
Process For IBC Offences To Be Issued By Sessions Court Despite Companies Act Amendment Vesting Jurisdiction On Judicial Magistrate: Supreme Court
Observing that the offences committed under the Insolvency and Bankruptcy Code, 2016 (“IBC”) would be tried by the Special Court established under Section 435 of the Companies Act, 2013 and the sessions judge would have the power to issue process against the accused, the Supreme Court on Friday (April 19) upheld the issuance of process by the sessions judge to the accused.The Court...
The Complete Supreme Court Annual Digest- 2023 [Part-VIII]
Criminal Law High Courts while exercising Section 482 Cr.P.C. power legally bound to see if accusations constitute any offence. Abhishek Saxena v. State of Uttar Pradesh, 2023 LiveLaw (SC) 1072 No adverse inference against prosecution merely because witnesses are withheld. Maheshwari Yadav v. State of Bihar, 2023 LiveLaw (SC) 1063 Delay in filing fir not satisfactorily...
Supreme Court Weekly Digest With Subject /Statute Wise Index [March 18 to 24]
Citations 2024 LiveLaw (SC) 240 to 2024 LiveLaw (SC) 255Arbitration and Conciliation Act 1996Arbitration and Conciliation Act 1996; Section 78(5) – Arbitration clause – Two-Contract Case – When the parties enter into a contract, making a general reference to another contract, such general reference would not have the effect of incorporating the arbitration clause from the referred...
To Prove S.27 Evidence Act Statement, Investigating Officer Must Narrate What Accused Stated; Merely Exhibiting Memorandum Not Enough : Supreme Court
In a notable judgment, the Supreme Court has discussed how to prove a disclosure statement made by an accused under Section 27 of the Indian Evidence Act.The Court noted that the statement of an accused recorded by a police officer under Section 27 of the Evidence Act is basically a "memorandum of confession" of the accused recorded by the Investigating Officer during interrogation which has been taken down in writing. This statement is admissible only to the extent it leads to the discovery of...
If Magistrate Takes Cognizance Of Additional Materials Along With Protest Petition, Case Has To Proceed As Private Complaint : Supreme Court
The Supreme Court held that if the Magistrate takes cognizance of the offence and issues summons to an accused by recording satisfaction based on the additional evidence produced by way of a protest petition filed by the informant, then such a protest petition ought to be treated as a private complaint case under Section 200 of the Code of Criminal Procedure.Reversing the findings of the High Court and Trial Court which had refused to consider the protest petition as a private complaint, the...
Supreme Court Imposes Rs. 5 Lakh Cost On Telangana Govt For Incorrect Affidavits, Allows State To Recover Amount From Erring Officials
The Supreme Court on Thursday (April 18) imposed a cost of Rs. 5 Lakhs on the State of Telangana with liberty to recover the said cost from the erring officials who have facilitated and filed incorrect affidavits in the ongoing proceedings.The case relates to the declaration of the reserved forest land as private land in favor of the private persons by the High Court while exercising its review jurisdiction despite having its earlier order where it had given a clear finding that the title over...
'Adverse Effect Of Climate Change Will Be On Nation's Future' : Supreme Court Stresses Importance Of Forest Protection
A week after recognizing for the first time the fundamental right to be free from the adverse effects of climate change, the Supreme Court has delivered another judgment highlighting the potential adverse impacts of climate change.The judgment cited a report published by the Reserve Bank of India titled “Report on Currency and Finance; Towards a Greener Cleaner India” (2022-23), which,...
NIA Act | Court of Sessions Has Jurisdiction To Try UAPA Cases When State Hasn't Designated Any Special Court : Supreme Court
The Supreme Court on Thursday (April 18) held that in the absence of the designation of a special court by the state government, the Court of Sessions would have the jurisdiction to try offences punishable under the Unlawful Activities (Prevention) Act, 1967 (“UAPA”),“A bare perusal of sub-section (3) of Section 22 of NIA Act would make it clear that until a Special Court is constituted...
Waqf Board & Not Waqf Tribunal Has Jurisdiction To Decide Issue Of Mutawalli : Supreme Court
Recently, the Supreme Court held that the original jurisdiction to decide the issue pertaining to Mutawalliship vests with the Waqf board and not the Waqf Tribunal. Distinguishing the role of the Waqf Tribunal from that of the board, the Court said that the former is an adjudicatory authority while the latter deals with administration-related issues. “After all, the Waqf Tribunal is...
Termination Of Services Without Disciplinary Enquiry Violates Principles Of Natural Justice : Supreme Court Reinstates College Registrar
Observing that the termination of the services of the employee without holding disciplinary enquiry violates the principles of natural justice, the Supreme Court directed the reinstatement of the Registrar at the GB Pant Institute of Engineering and Technology, Ghurdauri."...we are of the firm view that the termination of the services of the appellant without holding disciplinary enquiry...
Supreme Court Monthly Round-Up: March 2024
Here's a comprehensive overview of the Supreme Court of India proceedings during March 2024. This monthly digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the month of March and also the updates of the Constitution bench hearing on the taxation matter of mineral-bearing lands, providing...
Supreme Court Criticises Gujarat HC Bench For Releasing Case Without Judgment 10 Months After Reserving Verdict
The Supreme Court has voiced its criticism in a matter where the Gujarat High Court reserved a judgment for ten months and ultimately released it because it was not pronounced within a reasonable time. "We hope earnestly that this does not reflect the trend in High Courts in other parts of the country as well", the Supreme Court observed in the order after terming the situation...