Supreme court
No Rigid Rule That Convict Should Undergo Half Of Sentence For Bail At Appellate Stage : Supreme Court
The Supreme Court has clarified that to suspend sentence during the pendency of appeal, a rigid rule cannot be applied that the convict must have undergone half of the substantive sentence. If a case for grant of relief is otherwise made on merits, the appellate court can grant bail or suspend sentence.A bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan made this...
Rule To List Bail Pleas From Same FIR Before Same Bench Won't Apply If Judge's Roster Changes : Supreme Court Clarifies
The Supreme Court recently clarified its earlier judgments which mandated that bail applications arising out of the same FIR should be placed before the same bench/judge, taking note of the practical difficulties which arise after roster changes.If the judge who dealt with the earlier bail application becomes a part of a division bench after a roster change, then the subsequent bail...
Mention Of S.307 IPC In FIR Doesn't Bar Quashing Of Case On Settlement If Offence Isn't Made Out From Allegations : Supreme Court
The Supreme Court today (February 11) observed that mere mentioning of the non-compoundable offence in an FIR does not bar the High Court from quashing the case based on a compromise, if upon closer scrutiny, the facts do not support the charge. Citing factors such as the nature of the offense, the severity of injuries, the conduct of the accused, and the impact of crime on society, the...
Compassionate Appointment To Be Granted Only In “Hand-to-Mouth” Cases, Not Due To Mere Fall In Life Standard : Supreme Court
The Supreme Court, while determining a case related to compassionate appointment, observed that such appointment should be granted only in “hand-to-mouth” cases, provided that all the other conditions are fulfilled. Explaining, the Court said that such situations would include a family 'below the poverty line' and struggling to pay basic expenses.“It is only in “hand-to-mouth”...
Motor Accident Compensation | Disability Certified By Medical Board Cannot Be Reduced Without Ordering Re-Assessment : Supreme Court
The Supreme Court recently ruled that a disability certificate issued by the Medical Board should be accepted as such, being expert evidence. The disability percentage cannot be reduced by questioning the Medical Board's findings without ordering a reassessment.A bench of Justice Sanjay Karol and Justice Manmohan set aside the Rajasthan High Court's decision which reduced the compensation...
Grandparents Cannot Have Better Claim Than Father For Child's Custody : Supreme Court
The Supreme Court recently allowed a father to get the custody of his child from maternal grandparents, observing that grandparents cannot have a better claim than the father, who is the natural guardian.A bench of Justices BR Gavai and K Vinod Chandran heard a father's appeal against the High Court's rejection of his habeas corpus petition. The High Court had denied him custody of his child,...
Imprisonment Of Judgment Debtor Drastic Step, Court Must Ascertain If Decree Was Wilfully Disobeyed : Supreme Court
The Supreme Court through its recent order, observed that imprisonment of a judgment debtor is a drastic step and to exercise such power, the Court must ensure that the judgment debtor wilfully disobeyed its order.“Imprisonment of a judgment-debtor is no doubt a drastic step and would prevent him from moving anywhere he likes, but once it is proved that he had wilfully and with...
Handcuffing & Chaining Accused To Hospital Bed Shocking: Supreme Court Directs Haryana Govt To Issue Guidelines To Police
Declaring an arrest illegal due to the police's failure to inform the detainee of the grounds of arrest, the Supreme Court, shocked by the Haryana Police's treatment—handcuffing and chaining him to a hospital bed- ordered the state to issue guidelines preventing such actions and ensuring strict compliance with Article 22, with rule amendments if necessary.A bench of Justice Abhay S Oka...
Contents Of FIR Inadmissible & Cannot Be Proved Through Investigating Officer If Informant Died A Natural Death : Supreme Court
The Supreme Court recently clarified that for an FIR lodged by a deceased person to hold any evidentiary value, its contents must be corroborated and proved. Elaborating, the Court said that if an informant's death has no connection whatsoever with a complaint lodged then the FIR's contents will not be admissible in evidence. Thus, in such cases, the contents cannot be proved through...