Hostile Witness's Credible Evidence Can Form Basis For Conviction In Criminal Trial: Supreme Court

The Supreme Court observed that credible evidence even of a hostile witnesses can form the basis for conviction in a criminal trial.Even if the witnesses have turned hostile, their evidence can be accepted, if they are natural and independent witnesses and have no reason to falsely implicate the accused, the three judges bench headed by Justice L. Nageswara Rao said.The court added that...

High Time That Civil Society Reacts Against Ghastly Crimes Committed In The Name Of Caste: Supreme Court Upholds Conviction Of Accused In Honour Killing Case

It is high time that the civil society reacts and responds with strong disapproval about the ghastly crimes committed in the name of caste, the Supreme Court remarked while upholding the conviction of accused in a honour killing case.The three judges bench comprising Justices L. Nageswara Rao, Sanjiv Khanna and BR Gavai observed that the directions issued in Shakti Vahini v. Union of India to...

Frivolous Litigation Not Only Clogs Arteries Of Justice Delivery System But Also Deprives Genuine Litigants Of Their Right To Speedy Trial: Delhi Court

Emphasizing on the need of imposing costs in vexatious pleas, a Delhi Court has observed that frivolous litigation not only clogs arteries of justice delivery system but also deprives genuine litigants of their fundamental right to speedy trial. Additional Sessions Judge Anuj Agrawal made the observation while dismissing a revision plea and imposing a cost of Rs. 25,000 opining that the same...

Supreme Court Weekly Round Up- November 22 To November 28, 2021

JUDGMENTS THIS WEEK1. Arbitrator Cannot Modify Award On An Application Under Section 33 Arbitration Act: Supreme CourtCase name: Gyan Prakash Arya vs Titan Industries Limited Citation: LL 2021 SC 669The Supreme Court observed that an Arbitrator cannot modify an Arbitration award on an application filed under Section 33 of the Arbitration and Conciliation Act. Only in a case of...

Allahabad High Court Grants Bail To Sharjeel Imam In Sedition Case Filed Over His Speech At AMU

The Allahabad High Court today granted bail to Sharjeel Imam in a sedition case registered against him in Aligarh for allegedly delivering an 'anti-national speech' at AMU [Aligarh Muslim Univeristy] during Anti CAA-NRC protests.The Bench of Justice Saumitra Dayal Singh granted him bail today, however, a detailed order of the High Court in this regard is awaited.The allegations against...

Mechanical Compliance Of Stipulations U/Sec 63 Indian Succession Act Does Not Prove Execution Of Will: Supreme Court

The Supreme Court observed that mechanical compliance of stipulations under Section 63 of the Indian Succession Act, 1925, does not prove the execution of a Will.Evidence of meeting the requirement of the said provision must be reliable, the bench of Justices L. Nageswara Rao and Aniruddha Bose said.In this case, the person claiming to be scribe of the Will as well as the two attesting...

Alleged Derogatory Remarks Against CM Stalin: NTK Functionary And YouTuber 'Sattai' Duraimurugan Granted Bail By Madras High Court

Yesterday, Youtuber and Naam Tamizhar Katchi (NTK) functionary Duraimurugan was granted bail by the Madras High Court in two cases pertaining to the nature of comments made against political rival and Tamil Nadu State Chief Minister, M.K Stalin. While allowing the bail application, Justice K. Murali Shankar sitting at the Madurai Bench also imposed a condition that the accused...

Senior Citizens Act Prospective In Nature; Won't Affect Past Transactions : Karnataka High Court

The Karnataka High Court has reiterated that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, is prospective in nature and will only deal with those transactions which are made by senior citizens after commencement of the Act. A division bench of Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magadum dismissed an appeal filed by one...

Bihar Court Hears, Convicts & Sentences Man Who Raped An 8-Year-Old Girl Within A Day

A Special POCSO Judge in Bihar last month sentenced a man to life imprisonment after finding him guilty of sexually assaulting an 8-year-old girl. Interestingly, the court examined ten witnesses, heard the case, convicted and awarded 'life imprisonment sentence' to him, all in one day.Special POCSO Judge Shashi Kant Rai disposed of the case within one day from its opening and all the...

Fundamental Right Of Witnesses To Testify In Courts Without Pressure & Threat Under Serious Attack Today: Supreme Court Highlights Importance Of Witness Protection Scheme

The Supreme Court observed that the right of witnesses to testify in Courts in a free and fair manner without any pressure and threat whatsoever is under serious attack today. Right to life guaranteed to the people of this country also includes in its fold the right to live in a society which is free from crime and fear and the right of witnesses to testify in Courts without fear or pressure,...

Delhi Court Issues Summons To P Chidambaram, Karti Chidambaram & Others In Aircel Maxis Case

A Delhi Court on Saturday issued summons to Former Union Minister P Chidambaram, his son Karti P. Chidambaram and others in connection with the Aircel Maxis case. Special Judge MK Nagpal also took cognizance of the chargesheets filed by the Enforcement Directorate (ED) as well as the CBI in the matter. The Court has now summoned them to appear on December 20.The case relates to corruption...

Mullaperiyar Baby Dam: State Of Tamil Nadu Moves Supreme Court Seeking Permission To Fell Trees For Strengthening Dam

In a new development relating to the Mullaperiyar dam dispute between the State of Kerala, where the dam is located, and the State of Tamil Nadu which manages the dam, the State of Tamil Nadu has moved the Supreme Court seeking permission to fell trees for strengthening the Baby Dam at Mullaperiyar.An application has been filed before the Top Court seeking directions to the State of Kerala...