Supreme Court Weekly Round-Up

Benefit Of Doubt Arising Out Of Inefficient Investigation Must Be Bestowed Upon The Accused [State of Uttar Pradesh V. Wasif Haider Etc.]The Supreme Court, affirming an acquittal in a murder case, observed that benefit of doubt arising out of such inefficient investigation must be bestowed upon the accused.Executive Magistrate Cannot Direct Police To Register FIR [Naman Pratap Singh vs. State of Uttar Pradesh]The Supreme Court observed that Executive Magistrate cannot direct the police to register an F.I.R. on basis of a private complaint lodged before him In this case, a student had lodged a complaint with the Sub-Divisional Magistrate, Unnao that she had been duped into taking admission in an unrecognized institute. The Executive magistrate, on the same day, directed the police to register a first information report and thus an FIR was registered. The issue considered by Justice Rohinton Fali Nariman and Justice Navin Sinha in the case was whether the Sub-Divisional Magistrate was competent to do so, and whether such an F.I.R. can be said to have been registered in accordance with the Code of Criminal Procedure,1973.Existence Of Arbitration Clause Doesn’t Limit Jurisdiction Of Consumer Forums Even After 2015 Amendment [M/S EMAAR MGF LAND LIMITED. V. Aftab Singh]The Supreme Court upheld the National Consumer Dispute Redressal Commission (NCDRC) order rejecting a plea seeking reference to the arbitrator in a consumer complaint despite there being arbitration clause in the agreement entered between buyer and the builder.Vehicle Owner As Per RTO Records Liable For Accident Even If It Occurred Within Prescribed 30 Days For Reporting Transfer [Prakash Chand Daga V. Saveta Sharma]The Supreme Court held that, if an accident occurs within the period prescribed for reporting transfer of a vehicle, the transferor is not absolved of the liability, so long as his name continues in RTO records.Situation Would Be Chaotic If Policies Of Elected Bodies Are To Be Superceded By Ideals Of Each Individual [Janhit Manch vs. State of Maharashtra]Perspective of individuals may vary, but if the elected bodies which have policy formulation powers, is to be superseded by the ideals of each individual, the situation would be chaotic, the Supreme Court has observed while it dismissed an appeal filed by the Janhit Manch.SC explains principle of rounding of fractional numbers to calculate two third majority [Ganesh Sukhdeo Gurule vs. Tahsildar Sinnar]The Supreme Court, while interpreting Section 35 of the Maharashtra Village Panchayats Act, 1959 has held that usual principle of rounding off is not applicable to round of votes to calculate two third majority.If DNA Profiling Isn’t Done Or Held Back In Rape Cases, Adverse Consequence Would Follow For The Prosecution [Rajendra Pralhadrao Wasnik vs. State of Maharashtra]In an important ruling, the Supreme Court observed that if DNA profiling has not been done in a rape case or it is held back from the trial court, an adverse consequence would follow for the prosecution.Criminals Also Entitled To Life Of Dignity; Probability Of Reformation/Rehabilitation To Be Seriously & Earnestly Considered Before Awarding Death Sentence [Rajendra Pralhadrao Wasnik vs. State of Maharashtra]The Supreme Court on Wednesday commuted death sentence awarded to a man convicted for rape and murder of a 3-year-old girl and sentenced him to life imprisonment without release from custody for the rest of his normal life. ‘Bona Fide Need’ Can’t Be Doubted If Landlord Does Other Business During Pendency Of Eviction Petition [Hukum Chandra vs. Nemi Chand Jain]The Supreme Court held that it would be inappropriate to expect that the landowner or his son (for whom the building is required) should sit idle and not to perform any work till the suit for eviction is decided on the basis of bona fide requirement.FIR Relating To Sexual Assault Cases Shall Not Be Put In Public Domain [Nipun Saxena V. Union of India]The Supreme Court on Tuesday issued important directives to protect privacy and reputation of victims of rape crimes. The bench comprising Justice Madan B. Lokur and Justice Deepak Gupta issued 9 important directives. SC Dismisses Petitions Seeking Probe In To Rafale Deal [Manohar Lal Sharma V. Narendra Damodar das Modi& Ors.] The Supreme Court on Friday dismissed a string of petitions seeking an independent probe into the 2015 Rafale deal, according it a clean chit in all respects- decision-making, pricing and procurement procedure. The bench of Chief Justice Ranjan Gogoi and Justices S. K. Kaul and K. M. Joseph was pronouncing its judgment on a batch of PILs by Advocates M. L. Sharma and Vineet Dhanda, Advocate Prashant Bhushan and former Union Ministers Arun Shourie and Yashwant Sinha and AAP MP Sanjay Singh.Convict’s Socio-Economic Condition Must Be Considered While Awarding Sentence: SC Commutes Death Sentence[M. A. Antony @ Antappan V. State of Kerala]While commuting death sentence awarded to a man convicted...

Supreme Court Weekly Round-Up

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