Supreme court
S.141 NI Act | 'Director Who's In Charge Of Company' & 'Director Who's Responsible To Company' Are Different Aspects: Supreme Court
The Supreme Court recently observed that there are twin requirements for an offence to fall under Section 141 of the Negotiable Instruments Act, which talks about the dishonour of a cheque committed by a company. Elucidating, the Court said that the accused person should be in charge of and responsible to the company for the conduct of the business.“There are twin requirements under sub-Section (1) of Section 141 of the 1881 Act. In the complaint, it must be alleged that the person, who is...
Supreme Court Acquits Man On Death Row, Cites Faulty Investigation & Gaps In Prosecution Case
The Supreme Court set aside the conviction of an accused (convicted of the death penalty) in a case for allegedly committing the gruesome murder of his six family members, including his four children and brother. The Court cited faulty investigation and flawed recovery of evidence by the Uttar Pradesh police."The fabric of the prosecution case is full of holes and holes which are impossible to mend," the Court said.The Court noted that the prosecution failed to prove any incriminating...
Supreme Court Annual Digest 2024: POCSO Act
Protection of Children from Sexual Offences Act, 2012Sections 4, 6, 29 and 30 - Presumption under the POCSO Act – Applicability and Conviction - Sentence Modification - Socio-Economic Considerations - Parole Denial - The Supreme Court upheld the conviction of the appellant under Sections 302, 364, and 377 of IPC and Sections 4 and 6 of the POCSO Act for the aggravated penetrative sexual...
For Abetment Of Suicide Offence, Alleged Harassment Must Have Left Victim With No Other Alternative But To End Life : Supreme Court
The Supreme Court while quashing charges of abetment of suicide against the present appellants, reiterated that the alleged harassment should be of such nature that it leaves the victim with no other alternative but to end their life.Further, the accused's intention to aid or abet the deceased to commit suicide must be established. Reliance was placed on a plethora of decisions, with the...
Income Tax Act | Offence Committed Before Show-Cause Notice Compoundable As Covered By 'First Offence' In Compounding Guidelines: Supreme Court
The Supreme Court on January 7 set aside the Gujarat High Court's judgment dated March 21, 2017, through which the rejection to the compounding application of the Appellant for the assessment year 2013-2014, for having filed the belated income tax return, was upheld on the ground that only for the "first offence" compounding of offence is possible. Since the Appellant had filed delayed income...
HC Closing Case Based On Respondent's Affidavit Without Giving Petitioner Chance To Respond Violates Natural Justice Principles: Supreme Court
The Supreme Court, while quashing the acquisition proceedings initiated by a development authority against the appellant, observed that the High Court's reliance on the authority's affidavit without providing the appellant with an opportunity to respond is violative of natural justice principles.“We find that the approach of the Division Bench in relying on the affidavit of the authority...
Non-payment Of Authorization Fee When Vehicle Was Within Its Registered State Won't Invalidate Its National Permit : Supreme Court
The Supreme Court held that insurers cannot deny claims solely due to non-renewal of a state permit if a valid national permit is in place. The Court clarified that if a vehicle catches fire within its registered state, non-payment of authorization fees for a state permit would not invalidate the claim.The Court added that the authorization fee for renewal of state permit is only necessary...
Supreme Court Annual Digest 2024: Land Laws
LAND LAWS - SUPREME COURT ANNUAL DIGEST 2024Tamil Nadu Town and Country Planning Act, 1972; Sections 36, 37, and 38 - Acquisition and release of land designated for public purposes - The suit land, originally shown in private ownership in the 1978 and 1981 Layout Plans, was reserved for "public purpose" under the Tamil Nadu Town and Country Planning Act. However, no acquisition proceedings...
'Sorry State Of Affairs In Puducherry' : Supreme Court Directs CVC Probe Into Illegal Appointments Of Polytechnic Lecturers
While directing a probe into illegal appointments of ad hoc lecturers in Puducherry, the Supreme Court recently invoked its powers under Article 142 of the Constitution and ordered the UT government to regularize services of 18 lecturers, without any involvement of the Union Public Service Commission (UPSC).A bench of Justices Dipankar Datta and Manmohan passed the order, stating,"we also...
Article 22(1) | Informing Relatives About Arrest Isn't Compliance Of Duty To Inform Arrestee Of Grounds Of Arrest : Supreme Court
The Supreme Court today (Feb. 7) clarified that informing persons' relatives about their arrest does not exempt the police or investigating agency from their legal and constitutional obligation to inform the arrested persons themselves of the grounds for their arrest. “Communication of the grounds of arrest to the relative (wife) of the arrestee is no compliance with the mandate of...
S.498A IPC | When Family Relations Are Sought To Be Brought Under Criminal Proceedings, Courts Should Be Cautious : Supreme Court
The Supreme Court (today on January 07), while quashing criminal charges of cruelty, dowry demand and domestic violence against the present appellants, highlighted that invoking criminal laws in domestic disputes without specific allegations and credible materials may have disastrous consequences for families.“Domestic relationships, such as those between family members, are guided by...
Repealing Act Does Not Require Presidential Assent Merely Because Original Act Got President's Assent: Supreme Court
The Supreme Court observed that the new Act repealing an old Act would not require a Presidential Assent under Article 254 of the Constitution. The Court rejected the argument that the repealing act needed presidential approval simply because the original act had received it. Instead, it said that if the repealing act corrects flaws in the old law, adapting it to current needs rather...