NDPS Act | Prosecution Must Establish Contraband Was Seized From 'Conscious Possession' Of Accused : Supreme Court

The Supreme Court reiterated that to prove offences under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), the prosecution must establish that the contraband was seized from the 'conscious possession' of the accused."Conscious possession refers to a scenario where an individual not only physically possesses a narcotic drug or psychotropic substance but is also aware of its...

S. 69 Partnership Act |Partner Of Unregistered Firm Can't File Suit For Recovery Against Other Partners : Supreme Court

The Court observed that the appropriate remedy in such a situation is to file suit for dissolution of firm and rendition of accounts.

Arbitration Act | Courts' Jurisdiction Under Sections 34 and 37 Do Not Extend To Modifying Arbitral Award: Supreme Court Reiterates

Recently, the Supreme Court affirmed the principle laid down in National Highways Authority of India vs. M. Hakeem & Another that the jurisdiction of the Courts under Sections 34 and 37 of the Arbitration & Conciliation Act, 1996 (1996 Act) will not extend to modifying an arbitral award.The bench comprising Justices PS Narasimha and Manoj Misra was hearing the case dealing with the...

Village Police Patil Not Police Officer; Confession To Him Admissible As Extra Judicial Confession : Supreme Court

The Supreme Court recently reiterated that an extra-judicial confession is a “weak type” of evidence and thus requires a great deal of care and caution. Where extra-judicial confession is surrounded by suspicious circumstances, its credibility becomes doubtful and would lose its importance., the Court said while placing its reliance upon Balwinder Singh vs. State of Punjab (1995) 4...

Banks Giving Loans Without Proper Title Search Reports : Supreme Court Flags Issue To RBI; Says Officials Who Approved Loan Be Made Liable

Banks should remain very careful with inadequate title clearance reports, Supreme Court said.

MSMED Act | Is Writ Maintainable Against MSEFC Award? Can MSEFC Members Act As Arbitrators ? Supreme Court Refers To Larger Bench

The Supreme Court today (Jan. 22) opined that the party aggrieved by an order/award of the Micro and Small Enterprises Facilitation Council (MSEFC) passed under Section 18 of the Micro, Small, and Medium Enterprises Development Act, 2006 (“MSME Act”) can file a writ petition under Article 226 of the Constitution before the High Court. However, upon noting that a contrary view was...

When 'Sudden & Grave Provocation' Reduces Murder To Culpable Homicide? Supreme Court Explains

The Supreme Court (recently on January 16) observed that not every sudden provocation would reduce the crime from murder to culpable homicide not amounting to murder. For reference, exception 1 to Section 300 (murder) of IPC states that culpable homicide is not murder when the accused is deprived of self-control due to grave and sudden provocation caused by the deceased person.The Bench...

Supreme Court Delivers Split Verdict On Tahir Hussain's Plea Seeking Interim Bail For Delhi Elections

A two-judge bench of the Supreme Court on Wednesday(January 21) pronounced a split verdict on the petition filed by Delhi riots case accused Tahir Hussain seeking interim bail to campaign for the Delhi Assembly elections.While Justice Pankaj Mithal dismissed the petition, Justice Ahsanuddin Amanullah allowed Hussain interim bail. In view of the divergence, the Registry was directed to place...

Punjab Minor Mineral Concession Rules | State Can Levy Royalty On Brick Earth : Supreme Court

The Supreme Court (today on January 21) observed that as per the Punjab Minor Mineral Concession Rules, the State Government is entitled to levy royalty on the mining of brick earth.The Bench of Justices Abhay S. Oka and Ujjal Bhuyan were deciding an appeal preferred by the State of Punjab against the High Court's ruling. In the impugned judgment, the Court had ruled that merely declaring...

'Bank Officers Expected To Maintain Higher Standards Of Honesty' : Supreme Court Affirms Dismissal Of Staff For Bank Fraud

While deciding an appeal pertaining to disciplinary proceedings against a bank manager, the Supreme Court reiterated that acquittal in a criminal case does not exonerate the person in disciplinary proceedings. The Court reasoned that the standard of proof differs in both of these scenarios. The Bench of Justices Abhay S. Oka and Augustine George Masih also stressed that "bank officers...

'Article 14 Doesn't Envisage Negative Equality' : Supreme Court Rejects Plea Based On Illegal Promotion Given To Others

The Supreme Court ruled that irregular promotions granted in the past cannot serve as a basis for continuing illegality. While holding so, the Court dismissed the appeal of a retired peon who sought promotion to the position of Tracer based on the fact that other employees had been promoted to this position, even though the recruitment rules specified that the Tracer role should be...

In Disproportionate Assets Cases, Income Tax Returns Presumed To Be Accurate; Must Consider Inflation & Dynamic Factors : Supreme Court

In a noteworthy ruling, the Supreme Court recently underscored that income tax returns filed by public servants in cases of alleged disproportionate assets should be presumed accurate and credible unless specifically contested or proven false. Quashing a disproportionate assets case against the former UP's Assistant Excise Commissioner, the Court called for a dynamic and nuanced approach...