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Speedy Trial Also A Right Of Victim; Accused Cannot Use Pending Gangsters Act Case To Stall Other Trials : Supreme Court

Observing that a right to a speedy trial is not only the prerogative of the accused, but is also a valuable right of the victim, the Supreme Court on Monday (August 17) set aside the Allahabad High Court's order which had kept a murder trial against an accused in abeyance merely because a proceeding under the UP Gangsters Act was pending against him. Allowing the complainant's appeal, a...

Mere Official Reprimand By Superior Not Abetment Of Suicide Without Intent To Drive Subordinate To Death : Supreme Court

The Supreme Court has held that ordinary administrative directions, disciplinary supervision, adverse remarks on official performance or even stern behaviour by a superior officer cannot, by themselves, be treated as abetment of suicide under Section 306 of the Indian Penal Code (IPC), unless there is additional material showing a conscious intention to drive the subordinate to take her...

Evidence Act | S.69 Can Be Invoked To Prove Will Only If Impossible To Prove Attestation Under S. 68: Supreme Court

The Supreme Court has held that Section 69 of the Indian Evidence Act, 1872 cannot be invoked as an alternative to the ordinary mode of proving a Will under Section 68. The Court said that ordinarily a Will must be proved under Section 68, it can only be proved under Section 69 once the propounder establishes that no attesting witness can be found for proving a Will under Section 68.“Section...

Remand Not To Be Ordered When Appellate Court Can Decide Issue Omitted By Trial Court Based On Already Adduced Evidence : Supreme Court

The Supreme Court has reiterated that an appellate court should not routinely remand a case to the trial court merely because a particular issue was not separately framed, where the pleadings, evidence and issues already on record enable the appellate court to decide the dispute itself.A bench of Justice S.V.N. Bhatti and Justice N.V. Anjaria heard the case where a Karta, out of a legal...

Delay In Processing Compassionate Appointment Application Cannot Defeat Claim Of Otherwise Eligible Dependent : Supreme Court

The Supreme Court has reiterated that a benefit of compassionate appointment cannot be denied to a beneficiary merely on account of delay or inaction by the employer in processing an application. A bench of Justice Aravind Kumar and Justice Vipul M Pancholi heard the case where a son's application seeking a benefit of a compassionate appointment was rejected by the employer, Western...

Fleeing After Friends Drowning, Though Reprehensible Conduct, Not Per Se Suggestive Of Murder: Supreme Court

The Supreme Court has held that fleeing from the spot after witnessing a friend drown and failing to inform the deceased's family, though “reprehensible” conduct, cannot by itself be treated as an incriminating circumstance to establish murder.A bench of Justice J.B. Pardiwala and Justice K. Vinod Chandran acquitted two individuals who were convicted over the death of a deceased...

CPC | Residential Property Exemption u/s 60(1)(ccc) Is Personal To Judgment-Debtor; LR Cant Claim : Supreme Court

The Supreme Court has observed that a plea filed by a judgment-debtor's legal representative seeking an exemption from an attachment of the judgment-debtor's main residential house would not be maintainable under Section 60(1)(ccc) of the Code of Civil Procedure, 1908 [which is applicable in Punjab and Delhi]. A bench of Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe held that...