Acceptance Of Bribe Can Be Presumed If Accused Fails To Give Satisfactory Explanation For Possessing Bribe Money: SC [Read Judgment]

‘Since it is established that the accused was possessing the bribe money, it was for them to explain that how the bribe money has been received by them and if he fails to offer any satisfactory explanation, it will be presumed that he has accepted the bribe.’Interpreting Section 20 of the Prevention of Corruption Act, the Supreme Court in State of Gujarat vs. Navinbhai Chandrakant Joshi,...

Eye Witnesses’ Evidence Can’t Be Doubted On The Ground That They Made No Attempts To Save The Deceased: SC [Read Judgment]

‘On witnessing a crime, each person reacts in his own way and their evidence cannot be doubted on the ground that the witness has not acted in a particular manner.’While affirming conviction in a murder case, the Supreme Court in Motiram Padu Joshi v. State Of Maharashtra, reiterated that evidence of the eye witnesses cannot be doubted on the ground that they did not intervene in the...

Failure To Determine Blood Group Of Accused From Sample Collected From The Scene Not Enough To Acquit Him: SC [Read Judgment]

The Supreme Court on Wednesday asserted that mere non-determination of blood group from the sample obtained from the scene of crime would not be sufficient to acquit an accused.The bench comprising Justice L. Nageswara Rao and Justice Mohan M. Shantanagoudar relied on the judgment passed by the Apex Court in the case of State of Rajasthan v. Teja Ram, wherein it was held that non-determination...

Plea of Insanity Has To Be Established By Accused Only On Preponderance Of Probability, Reiterates SC [Read Judgment]

‘The accused has only to establish his defence on a preponderance of probability, after which the onus shall shift on the prosecution to establish the inapplicability of the exception.’The Supreme Court in Devidas Loka Rathod v. State of Maharashtra has reiterated that the onus on the accused, who takes a plea of insanity, is not as stringent as on the prosecution to be established...

Dishonour Of Cheque-Presumption U/S 139 Of NI Act Can’t Be Rebutted By Mere Denial: SC Reiterates [Read Judgment]

The Supreme Court on Monday reiterated that mere denial of a debt or liability cannot shift the burden of proof from the accused in a case of dishounor of the cheque.A bench of Justice A K Sikri and Justice Ashok Bhushan once again made it clear that Section 139 of the Negotiable Instruments Act, 1881, provides for drawing the presumption in favour of holder and a bare denial of the passing...

Elephant Tusk Is Govt Property & Presumption Under Sec. 69 Of Kerala Forest Act Is Attracted: SC [Read Order]

Whether it is a forest produce or not under Section 2(f) of the 1961 Act, is immaterial, the bench said.The Supreme Court, in Wild Life Warden v Komarrikkal Elias, has held that elephant tusk is a property of the Government and presumption under Section 69 of the Kerala Forest Act is attracted, whether or not it is a forest property.In this case, the Assistant Wild Life Warden’s order...

Erroneous Decision That Didn’t Give Effect To Statutory Prohibition Will Not Operate As Res Judicata: SC [Read Judgment]

The public policy contained in other statutory prohibitions, which need not necessarily go to jurisdiction of a court, must equally be given effect to, as otherwise special principles of law are fastened upon parties when special considerations relating to public policy mandate that this cannot be done, the court said.In Canara Bank vs NG Subbaraya Setty, the Supreme Court has observed that...

Mere Abduction Of Woman Doesn’t Attract Offence Under Section 366 IPC: SC [Read Judgment]

It must further be proved that the accused abducted the woman with the intent that she may be compelled, or knowing it to be likely that she will be compelled to marry any person or in order that she may be forced or seduced to illicit intercourse or knowing it to be likely that she will be forced or seduced to illicit intercourse, the Court said.The Supreme Court has reiterated that...

Information Utilities 101 And A Primer On Compliance With RBI's Dec. 19, 2017 Notification On Information Utilities

The Reserve Bank of India on December 19, 2017, issued a notification directing all financial creditors to submit financial information and information relating to assets in relation to which any security interest has been created to the National E-Governance Services Ltd (NeSL), which is India's first registered information utility (IU). This article aims to address the fundamental concepts...

Explained: Death Penalty- Matters Of Judgment

The Centre on the Death Penalty of the National Law University, released on November 8, a Judges’ Opinion Study, titled “Matters of Judgment” on the death penalty and the Criminal Justice System.  Livelaw seeks to answer some questions, arising out of the study.Q: Why is the study significant?A: The aim of the study is to explore the opinions of former judges of the Supreme Court of...

Explained: Disqualification Of Sharad Yadav As Rajya Sabha Member [Read Notification]

On December 4, the Vice President, M.Venkaiah Naidu, in his capacity as the  Chairman, Rajya Sabha, disqualified the Janata Dal (U) Leader, Sharad Yadav, as a member of the Rajya Sabha, under the Anti-Defection Act.Here are some questions and answers on the issue:Q: So, is it the fastest decision by any Presiding Officer, under the Anti-Defection Act?A: It appears so.  The Leader of the...

Delay In Seeking Compensation For Land Acquisition Can Be Condoned In Appropriate Cases: SC [Read Order]

The Supreme Court, on Friday, ruled that delay in seeking compensation from land acquisition authorities can be condoned in appropriate cases.The Bench comprising Justice A.K. Goel and Justice U.U. Lalit observed, "We are of the view that even though limitation is prescribed and it is expected that the aggrieved party takes remedies within such prescribed time, the delay can be extended...