S.311 CrPC Power Can't Be Invoked To Fill Up Lacunae In Defence : Supreme Court Quashes Order To Recall Rape Victim For Cross Examination

The Court observed that repeated cross-examination can cause hardship to a victim of heinous offences.

IBC | Once CoC Approves Resolution Plan, Successful Resolution Applicant Can't Negotiate Further : Supreme Court

The Supreme Court has reaffirmed the binding nature of Committee of Creditors (CoC)-approved resolution plans under the Insolvency and Bankruptcy Code, 2016 (IBC), holding that a Successful Resolution Applicant (SRA) cannot indirectly back out of a plan by later objecting to conditions that were discussed and accepted during CoC meetings. A bench comprising Justice K.V. Viswanathan and...

Primogeniture Rule Won't Govern Inheritance Of Ex-Royal's Private Estate, Succession Law Applies : Supreme Court

The Court held that the rule of primogeniture will not apply in the division of the Kapurthala family estate.

Arbitration | Writ Jurisdiction Can't Be Invoked To Challenge Arbitrator's Decision Under Section 16 : Supreme Court

The Supreme Court has held that while exercising its Writ Jurisdiction, it is impermissible for the High Courts to interfere with the arbitral tribunal's order passed under Section 16 of the Arbitration & Conciliation Act, 1996. “It was not open for the learned Single Judge in exercise of writ jurisdiction to enter into the merits of the dispute while adjudicating the challenge to an...

Can't Brush Aside Land Compensation Claim Merely Because Claimant Is A Sanyasi: Supreme Court

The Court however deprecated the petitioner for his repeated petitions, and refrained from imposing costs considering that he has become a Sanyasi

S.33(1)(a) Arbitration Act Only To Correct Clerical Errors In Award; Can't Be Invoked To Change Nature Of Interest : Supreme Court

Holding that substance of an arbitral award cannot be altered under the guise of correcting errors, the Supreme Court has ruled that changing the nature of interest awarded from simple interest to compound interest amounts to a substantive modification that falls outside the limited scope of Section 33(1)(a) of the Arbitration and Conciliation Act, 1996.A bench of Justice PS Narasimha and...

'Serious Infirmities In Prosecution' : Supreme Court Acquits 2 Death Row Convicts In Rape-Murder Case

The Supreme Court has acquitted two men who had been sentenced to death for the alleged rape and murder of a 55-year-old woman in Uttarakhand, holding that the prosecution failed to establish a complete and reliable chain of circumstances connecting them with the crime. A Bench comprising Justice Vikram Nath, Justice Sandeep Mehta, and Justice Vijay Bishnoi allowed the appeals filed by...

NI Act | Office Bearer Of Society Not Liable For Cheque Dishonour Unless Active Role In Conduct Of Business Shown : Supreme Court

The Supreme Court has observed that a mere designation of an individual holding a managerial position in a society would not be sufficient to invoke liability under Section 141 of the Negotiable Instruments Act, 1881.“The law governing Section 141 of the NI Act is clear that there is no deemed liability merely by virtue of holding an office or position in the company or society. The...

Permission From Magistrate Necessary For Police To Conduct Further Investigation: Supreme Court Reiterates

The Supreme Court has reiterated that in the absence of an express permission from the magistrate, a further investigation cannot be proceeded with by the police after filing of a closure report. “Even though the statute does not require express permission, the law as it has developed, has made abundantly clear that seeking of permission from the concerned Magistrate has evolved into...

'Trauma Care Part Of Right To Life' : Supreme Court Directs To Integrate Emergency Helplines Into 112, Implement PM RAHAT & Good Samaritan Scheme

Recognising that the trauma care of citizens is an integral part of the right to life under Article 21 of the Indian Constitution, the Supreme Court recently passed interim directions, including to operationalise one common helpline number '112' for emergency response throughout the country. The Court issued a series of interim directions to all States and Union Territories to create a...

'S.138 NI Act Quasi-Criminal' : Supreme Court Refers To Larger Bench Whether IBC Moratorium Totally Bars Cheque Dishonour Case Against Company Director

The Court says criminal liability of directors under NI Act is settled, but compensatory liability during insolvency moratorium remains unresolved.

Bus Driver Not Expected To Turn Back & Check If Passengers Alighted : Supreme Court Sets Aside Conviction For Death By Negligence

The Supreme Court on Wednesday (May 27) acquitted a Karnataka State Road Transport Corporation (KSRTC) bus driver who had been convicted for causing the death of a passenger who fell while alighting from the bus, holding that a driver acting on the conductor's signal to move the vehicle cannot automatically be held criminally negligent. A bench of Justice Prashant Kumar Mishra and Justice...