High Time To Have Code Of Investigation For Police So That Guilty Don't Walk Free On Technicalities: Supreme Court

The Supreme Court recently expressed exasperation at having to acquit three accused persons in a case of murder and kidnapping due to glaring lapses in police investigation. Two of the accused persons were awarded death penalty, which the Supreme Court overturned.The Court remarked that the "the manner in which the police tailored their investigation, with complete indifference to the essential norms in proceeding against the accused and in gathering evidence; leaving important leads unchecked...

'Every Arbitrator May Not Be Legally Trained, Some Decisions Are Based On Equity' : Supreme Court Explains Scope Of Judicial Interference In Arbitral Awards

The Supreme Court Bench comprising Justice Sanjiv Khanna and Justice M.M. Sundresh, has held that while setting aside an arbitral award for being violative of Section 28(3) of the Arbitration and Conciliation Act, 1996, it must be considered that the Arbitrator is empowered to interpret the contract terms reasonably. Arbitrator’s interpretation cannot be a ground for setting aside of...

Can't Allow Barium Nitrate In Firecrackers Merely Because New Formulation Is 30% Less Polluting : Supreme Court

The Supreme Court on Friday (22.09.2023) rejected an application filed by an association of firecracker manufacturers (TANFAMA) to include reduced quantities of barium nitrate in firecrackers. In 2019, the Apex Court had directed that barium salts must not be used in firecrackers. In 2021, the Court had reiterated this ban.TANFAMA had approached the Apex Court seeking a direction to allow the usage of reduced quantities of Barium Nitrate in firecrackers as suggested by CSIR – NEERI (National...

Section 313 CrPC - Failure To Put Incrimination Circumstances To Accused Will Not Vitiate Trial If No Prejudice Is Caused : Supreme Court

Recently, the Supreme Court adjudicated upon the issue of whether, on account of not putting the incriminating circumstance to the accused persons, while recording their statements under Section 313 (Power to examine the accused) of the Code of Criminal Procedure, 1973 (Crpc), their conviction with the aid of Section 34 (Acts done by several persons in furtherance of common intention) of the Indian Penal Code, 1860, (IPC) stood vitiated. The Bench, comprising Justices Hrishikesh Roy and Manoj...

Supreme Court Acquits Two Death Row Convicts, Perplexed At Trial Court & HC Awarding Capital Punishment Despite Loopholes In Evidence

After noting "yawning gaps" in the evidence and "infirmities" in the prosecution, the Supreme Court recently acquitted three persons in a case for murder and kidnap of a teenager. Two of the accused were awarded death sentence by the Trial Court, which the High Court had affirmed. The third accused was awarded life sentence.While setting aside the conviction and sentence of all the accused persons, the Supreme Court was perplexed to note that the Trial Court and the High Court found the accused...

NDPS Act | Confession To NCB Officials Not Admissible In Evidence; Possession Must Be Established To Draw Presumption Under S.54 : Supreme Court

The Supreme Court on Friday (22.09.2023) held that an officer invested with powers under Section 53 of the Narcotic Drugs and Psychotropic Substances Act, 1985, is a 'police officer' within the meaning of Section 25 of the Evidence Act, and thus a confessional statement of an accused recorded under Section 67 of the NDPS Act cannot be used in a trial under the NDPS Act as a confessional statement.A bench of Justice B R Gavai and Justice Hima Kohli also held that for attracting the...

When Selected Candidate Joins And Then Resigns, Vacancy Must Be Filled By A Fresh Selection Process & Not From Previous Merit List: Supreme Court

The Supreme Court on Thursday (21.09.2023) held that an applicant who has qualified in the selection process cannot be selected against a vacancy caused by resignation of one of the selected candidates. The Apex Court observed that, a fresh vacancy arises when a selected candidate joins and then resigns and the same cannot be filled up without following a fresh selection process. .A division bench of Justice Hrishikesh Roy and Justice Pankaj Mithal also observed that an applicant does not...

MBBS Admission In PwD Quota - Disability Assessment Report Must Explain How Candidate Can't Pursue Course: Supreme Court

The Supreme Court on Friday (September 22) stated that persons with disabilities should not be excluded from MBBS courses merely on the basis of a quantitative assessment of their disabilities. The Court further stated that the assessment of the disabilities must have a cogent reasoning as to how such candidates will be unable to pursue the medical courses.The Court made these observations while expressing dissatisfaction with the reports submitted to it by the Medical Board constituted by the...

Certified Copy Can Be Produced To Prove Original Sale Deed In Trial : Supreme Court

The Supreme Court recently made it clear that certified copy of an original sale deed is admissible in evidence in a trial. This is as per Sections 65, 74, 77 read with Section 79 of the Indian Evidence Act 1872 and Section 57(5) of the Registration Act.In this case, the High Court, in second appeal, had held that the certified copy of a registered sale deed produced by the plaintiff in the title suit cannot be admitted as evidence. The High Court accepted the contention of the defendant that...

Candidate Accused Of Heinous Offence Can't Claim Right To Appointment When Acquittal Was On 'Benefit Of Doubt' : Supreme Court

In a significant ruling, the Supreme Court held that an acquittal in a criminal case does not automatically qualify a candidate for a sensitive law enforcement post, particularly when the acquittal is based on technical grounds or on giving benefit of doubt. The Court emphasized that employers retain the right to assess a candidate's suitability for a position. The issue before the Court revolved around the determination of a candidate's fitness for appointment as a constable despite his prior...

Supreme Court Dismisses PIL Seeking Independent Audit Of EVM Source Codes

The Supreme Court on Friday refused to entertain a Public Interest Litigation (PIL) seeking an independent audit of source codes of Electronic Voting Machines (EVMs). The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra noted that the matter concerned sensitive policy issues and thus, the court was not inclined to interfere with the same. At the outset,...

Prescribe Minimum Marks Requirement For Languages Other Than Tamil & English Also In TN Schools: Supreme Court In Linguistic Minorities' Plea

The Supreme Court on Thursday (September 21) made some pertinent observations with respect to Tamil Nadu Tamil Learning Act, 2006, (Act) which made Tamil paper compulsory in the tenth standard board exam. Pursuant to the Act, while Tamil was mandated in the syllabus as a compulsory subject, minority linguistics were considered as an optional subject for which there was no requirement of...