Supreme court
'Courts Shouldn't Hesitate To Deny Liberty To Accused If Necessary For Corruption-Free Society' : Supreme Court Denies Anticipatory Bail
Recently, the Supreme Court upheld the denial of anticipatory bail to a public servant accused of demanding illegal gratification. The Court held that in serious offenses like corruption, courts must exercise caution when granting anticipatory bail to uphold public confidence in the justice system. It emphasized that anticipatory bail should only be granted in exceptional cases where there is...
Direct Courts To Dispose Execution Petitions Within 6 Months, Hold Presiding Officer Liable On Failure : Supreme Court Asks High Courts
The Supreme Court today(March 6) directed all High Courts to call for information on all pending execution petitions in the district judiciary. It passed the directions after observing that the executing Courts are taking three to four years to pass appropriate orders, thereby, frustrating the entire decree which is in the favour of the decree-holder.The Court directed the High Courts to issue...
O 39 R 2A CPC | Even If Injunction Order Was Subsequently Set Aside, Party Remains Liable For Its Prior Violation : Supreme Court
The Supreme Court observed that the subsequent setting aside of an injunction order would not preclude the courts from holding the party guilty of disobedience of the committed during the pendency of the order. The bench comprising Justices Pankaj Mithal and Sanjay Karol delivered the ruling in the context of Order 39 Rule 2A of the Civil Procedure Code, which specifies the mechanism to...
S.138 NI Act Complaint Cannot Be Transferred Under S.406 CrPC For Lack Of Territorial Jurisdiction : Supreme Court
The Supreme Court today(March 6) held that a case under the Negotiable Instrument Act, 1881 (NI Act) cannot be transferred from one place to another for the lack of jurisdiction under Section 406(Power of Supreme Court to transfer cases and appeals) of the Code of Criminal Procedure. A batch of transfer petitions were filed before the Supreme Court seeking transfer to a Court having...
S.306 IPC | Suicide Note Alone Insufficient For Conviction Unless Its Proved There Was Incitement By Accused Proximate To Death : Supreme Court
The Supreme Court on Wednesday (March 5) set aside the conviction of a man accused of committing an offence of abetment of suicide by blackmailing the deceased using compromising photographs and videos.The Court observed that for invoking the offence of abetment to suicide under Section 306 of IPC, the prosecution must prove instigation, conspiracy, or intentional aid with a clear mens rea...
S. 45 Evidence Act | Opinion Of Handwriting Expert Must Be Treated With Caution : Supreme Court
The Supreme Court observed that while expert evidence may not always require corroboration, courts must exercise caution when relying on expert testimony particularly the handwriting expert due to the imperfect nature of the science of identification of handwriting. The bench comprising Justices Vikram Nath and Sandeep Mehta heard the case where the Appellant challenged his conviction...
S. 141 NI Act | Non-Executive & Independent Company Directors Not Liable For Cheque's Dishonour Unless Their Direct Involvement Shown : Supreme Court
The Supreme Court reiterated that non-executive and independent directors of a company cannot be held vicariously liable for the company's obligations under the Negotiable Instruments Act, 1881 (NI Act), unless their direct involvement in the company's financial transactions is established. The Court held that merely holding the position of the non-executive and independent director of...
Supreme Court Wonders Why NCLAT Wrote Long Order On Delay Condonation Application Despite High Pendency
The Supreme Court recently expressed surprise that the National Company Law Appellate Tribunal (NCLAT), despite having a high pendency of cases, devoted extensive time and effort to writing a 17-page order on a delay condonation application.A bench of Justice Abhay Oka and Justice Ujjal Bhuyan remarked that lengthy submissions and pleadings by members of the Bar often contribute to...
IBC Moratorium Does Not Bar Execution Of Penalties Imposed Under Consumer Protection Act : Supreme Court
In a significant development, the Supreme Court today (March 4) ruled that an interim moratorium under Section 96 of the Insolvency & Bankruptcy Code, 2016 (“IBC”) does not apply to penalty proceedings under Section 27 of the Consumer Protection Act, 1986 (“CP Act”). The Court explained that Section 79(15) of the IBC excludes certain liabilities, such as fines and penalties, from...
Separate Cut-Off Mandatory For Persons With Disabilities Category In Judicial Service Selections : Supreme Court
In its landmark judgment concerning appointment of visually impaired persons in judicial services, the Supreme Court directed the Rajasthan Judicial Service Examinations authorities to declare separate cut-off marks and publish separate merit list for Persons with Disabilities (PwD) category at every stage of the examination and proceed with the selection process accordingly. A bench of...
Specific Relief Act | Appellate Court Must Specify Time Period To Deposit Sale Consideration For Specific Performance: Supreme Court
The Supreme Court recently advised Appellate Courts to specify the time limit for depositing the balance sale consideration, as required under Order XX Rule 12A of the CPC, in cases of specific performance involving the sale or lease of immovable property. Order XX Rule 12A of Code of Civil Procedure, 1908 (“CPC”) states that where a decree for the specific performance of a contract for...
