Witness Not Discredited By Mere Contradiction Between Testimony And Statement Given To Police : Supreme Court

The Supreme Court recently observed that a witness will not stand totally discredited merely because the testimony given during the trial contradicted the earlier statement given to the police. "No doubt statement given before police during investigation under Section 161 are “previous statements” under Section 145 of the Evidence Act and therefore can be used to cross examine a witness....

IBC Resolution Plan Can't Ignore Government Dues : Supreme Court Dismisses Review Petitions Against 'Rainbow Papers'

The Supreme Court on Tuesday (October 31) dismissed a batch of review petitions filed against a 2022 judgment which held that the definition of a secured creditor under the Insolvency and Bankruptcy Code (IBC) 2016 included any government or governmental authority and that a resolution plan which ignored dues to the government was liable to be rejected.A bench comprising Justices AS Bopanna...

No Way To Prohibit Trading Of Electoral Bonds Since They Can Be Transferred, Says Supreme Court During Hearing [Day 1]

While hearing the batch of petitions challenging the anonymous electoral bonds scheme, the Supreme Court today commented on the lack of control over transactions involving Electoral Bonds owing to the transferability of the bonds. The Constitution bench comprising Chief Justice of India DY Chandrachud, Justices Sanjiv Khanna, BR Gavai, JB Pardiwala, and Manoj Misra considered arguments raised...

Supreme Court Adjourns Hearing In SNC Lavalin Case

The Supreme Court on Tuesday (31.10.2023) adjourned the appeals filed by the Central Bureau of Investigation (CBI) challenging the discharge of Kerala Chief Minister Pinarayi Vijayan and other accused in the SNC Lavalin Case.A bench comprising Justices Surya Kant, Dipankar Datta and Ujjal Bhuyyan adjourned the hearing following a request for passover made on behalf of Additional Solicitor...

Motor Accident Claims | No Right To Recovery For Insurer Merely Because Vehicle Owner Didn't Verify Driver's License : Supreme Court

The Supreme Court on Monday (30th October) held that an insurance company cannot claim that it is not liable to pay compensation in a motor vehicle accident claim just because the vehicle owner did not verify the genuineness of the driving licence of the driver employed. The Court said that the burden is on the insurance company to prove that there was a failure on the part of the vehicle...

Jammu & Kashmir High Court Notifies Guidelines On Arrest, Detention And Bail To Accused

The Jammu & Kashmir and Ladakh High Court has issued a set of comprehensive guidelines pertaining to arrest, detention, and bail procedures, in consonance with the directions passed by the Supreme Court in Md. Asfak Alam vs State of Jharkhand, Cr. Appeal No 2207 of 2023.A notification to this effect issued by Registrar General Mr Shahzad Azeem,“Acting in compliance to the directions...

'Advocates-on-Record Are Not Not Mere Signing Authorities': Supreme Court Lambasts AoRs Filing Frivolous Petitions; Seeks Reform Measures

Advocates-on-record cannot be reduced to mere signing authorities, the Supreme Court observed on Tuesday (October 31), while lambasting the practice of signing off on petitions without examining their content. The Court has called for suggestions from the bar for framing a "comprehensive policy" to curb the practice of AoRs merely acting as signing authorities and filing frivolous...

CCI Publishes Draft For Leniency Plus, Invites Comments From Stakeholders

The Competition Commission of India (“CCI”) has issued the draft CCI (Lesser Penalty) Regulations, 2023 (“Draft Regulations”) dated 16.10.2023, inviting comments from its stakeholders. Earlier, the Competition Act, of 2002 was amended by the Competition (Amendment) Act 2023, and the amended act introduced a ‘Leniency Plus Framework’. Under the Leniency Plus...

'Atrocious' : Supreme Court Shocked By Plea Challenging Articles 20 & 22; Pulls Up Lawyers

The Court said that Advocates-on-Record can't be mere signing authorities who file petitions without examining its contents.

'False Allegation Of Rape Causes Distress & Humiliation To Accused': Supreme Court Acquits Man After 23 Years In Rape Case

The testimony of the prosecutrix must be appreciated in the background of the entire case, the Court said.

Section 47 CPC | Executing Court Can Consider Only Questions Limited To Execution Of Decree; Can't Go Behind Decree: Supreme Court

Lamenting the long delay in the execution of decrees, the Supreme Court observed that under Section 47 of the Code of Civil Procedure, the Executing Court can only go into questions that are limited to the execution of decree and can never go behind the decree.As per Section 47, all questions arising between the parties to the suit in which the decree was passed, or their representatives,...

"Governor Acting As A Political Rival": Tamil Nadu Government Moves Supreme Court Against Governor RN Ravi's Inaction In Assenting Bills

The Tamil Nadu Government has moved Supreme Court alleging that the Governor of the State of Tamil Nadu Dr RN Ravi has positioned himself as a "political rival" to the State Government and is obstructing the State Legislative Assembly's ability to carry out its duties by excessively delaying the consideration of bills that the Assembly has passed. Asserting that the Governor’s inactions...