Supreme Court Refuses To Stop Police Investigation On Statements Before Justice Hema Committee Regarding Women's Exploitation In Malayalam Cinema

The Supreme Court on Friday (February 7) refused to interfere with the directions of the Kerala High Court to register FIRs based on the depositions given by witnesses/victims before the Justice Hema Committee regarding the sexual exploitation of women in the Malayalam cinema field.A bench comprising Justice Vikram Nath, Justice Sanjay Karol and Justice Sandeep Mehta observed that once...

Many Litigants Socio-Economically Backward, Shouldn't Suffer Due To Advocate's Fault : Supreme Court On Approach In Delay Condonation

The Supreme Court recently observed that though courts have to be cautious while condoning delays of long duration, in cases where the delay can be attributed to the advocate, balancing of scales of justice becomes imperative. It highlighted that the socio-economic background of litigants who approach the courts for justice should be kept in mind.“We are aware of the caution that needs to...

Further Investigation Can Be Directed Even After Filing Of Chargesheet & Commencement Of Trial : Supreme Court

The Supreme Court recently reiterated that further investigation can be directed even after the chargesheet has been filed and the trial has commenced. Taking support of Hasanbhai Valibhai Qureshi v. State of Gujarat and Others., (2004) 5 SCC 347, the Court highlighted that the prime consideration for further investigation is to arrive at the truth and do substantial justice.However,...

If A Intends To Kill B But Mistakenly Kills C, Intention To Kill C Is Attributed To A : Supreme Court Explains 'Transmigration Of Motive'

The Supreme Court recently observed that Section 301 of the IPC (Culpable homicide by causing the death of a person other than the person whose death was intended) reflects the doctrine of transfer of malice or the transmigration of motive. Explaining this provision, the Court said that culpable homicide may be committed even if the offender causes the death of a person he did not...

Acquittal In Criminal Case Doesn't Bar Departmental Proceedings Against Public Servant : Supreme Court

The Supreme Court has recently noted that even if a public servant is acquitted in a corruption case due to a lack of evidence meeting the "beyond a reasonable doubt" standard, they may still face a departmental inquiry. In criminal proceedings, guilt must be proven beyond a reasonable doubt, while departmental inquiries require only a preponderance of probabilities. The Court observed that...

'Won't Tolerate Allegation That Court Recorded Lawyer's Statement Which Was Never Made' : Supreme Court Imposes Rs 5 Lakh Cost On Litigant

Justice Oka orally said that it was the worst allegation against the Court.

Supreme Court Quashes Conviction For Rape & Kidnapping After Noting Convict Married Victim & Have 4 Children

The Supreme Court, while exercising its inherent powers under Article 142 of the Constitution, quashed the sentence of the present accused-appellant for rape and kidnapping charges after noting that he married the complainant and they have four children.Essentially, the complainant had lodged an FIR against three accused persons for committing criminal offences including rape and kidnapping....

Application Seeking Exemption From Surrender Admissible Only When Petitioner Sentenced To Term Of Imprisonment: Supreme Court

The Court stated that such applications cannot be entertained in SLPs challenging the rejection of bail.

Omission To Name Some Accused In FIR Is A Relevant Fact Under Section 11 Evidence Act : Supreme Court

The Supreme Court recently noted that a crime witness would usually mention all perpetrators in the FIR. Selectively naming some while omitting others is unnatural, weakening the complainant's account. This omission, though otherwise irrelevant, becomes a relevant fact under Section 11 of the Evidence Act, the Court stated. Holding so, a bench of Justices JB Pardiwala and R Mahadevan upheld...

Omission To Conduct TIP Of Recovered Articles Material When Case Is Based Solely On Recoveries: Supreme Court Acquits Murder Convict

The Supreme Court recently (on January 27), in a matter where the prosecution had solely relied on the recovery of articles for convicting accused persons for murder, observed that failure to conduct a Test Identification Parade (TIP) of the recovered articles was “sheer negligence and dereliction of duty”. While acquitting appellants/ accused persons charged with murder, the Court...

Supreme Court Monthly Round-up: January 2025

Nominal IndexCitationsM/S Naresh Potteries v. M/S Aarti Industries and Anr., SLP(Crl) No. 8659-2023 2025 LiveLaw (SC) 1Bernard Francis Joseph Vaz and Ors v. Government of Karnataka and Ors 2025 LiveLaw (SC) 2Urmila Dixit v. Sunil Sharan Dixit and others 2025 LiveLaw (SC) 3BN John v. State of UP & Anr., SLP (Crl.) No. 2184 of 2024 2025 LiveLaw (SC) 4Municipal Corporation of Delhi v....

'Extrajudicial confession Lacks Credibility, Circumstances Not Proved' : Supreme Court Acquits Murder Accused

While acquitting a murder accused, the Supreme Court observed that extrajudicial confession is one of the other instances of circumstantial evidence, including the accused's guilt after the incident, recovery of evidence, and others. The Court reiterated that in cases where reliance is placed solely on circumstantial evidence, a conviction can only occur when all circumstances point towards...