'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...

Wife, Separated From 1st Husband, Can Claim Maintenance From 2nd Husband Though 1st Marriage Not Legally Dissolved: Supreme Court

The Supreme Court ruled that a woman is entitled to claim maintenance under Section 125 of the Cr.P.C. from her second husband, even if her first marriage was not legally dissolved. The Court clarified that a formal decree of dissolution is not mandatory. If the woman and her first husband mutually agreed to separate, the absence of a legal divorce does not prevent her from seeking...

Meticulous Examination Needed In Cases Where FIR Was Against Unknown Persons & Accused Are Not Known To Witnesses : Supreme Court

Emphasizing the need for meticulous examination in cases involving unidentified accused, the Supreme Court today (February 4) overturned the conviction of two individuals in a case for bus robbery, citing major flaws in the police investigation and unreliable eyewitness identification. “In cases where the FIR is lodged against unknown persons, and the persons made accused are not known to...

Supreme Court Annual Digest 2024: Unlawful Activities (Prevention) Act [UAPA]

Bail under UAPA, 1967 – Applicability of Section 43-D(5) – Principles and Constitutional Considerations – Long Incarceration and Delay in Trial - Prima Facie Assessment - Fundamental Rights and Speedy Trial - Precedence of Constitutional Rights - The Supreme Court reiterated the principles governing the grant of bail under Section 43-D(5) of the Unlawful Activities (Prevention) Act,...

Registry Has No Authority To Delete A Case From Cause List Unless Specifically Ordered By Concerned Bench Or Chief Justice: Supreme Court

The Supreme Court on Monday (February 4) held that the Registry has no authority to delete a case from the cause list once it has been listed, unless there is a specific order from the concerned bench or the Chief Justice of India.“The fact that service of notice of making alternate arrangements was not served is no ground to delete a case which is notified on the cause list. Once the case...

'Uma Devi' Judgment Can't Be Used To Justify Exploitative Engagements : Supreme Court Allows Regularisation Of Long-Serving Daily Wagers

The Supreme Court recently criticized the practice of public institutions hiring workers on daily wages (temporary contracts) to avoid providing them with permanent benefits. The Court reaffirmed that long-serving temporary workers appointed to sanctioned positions cannot be denied regularization simply because their initial appointments were temporary. While acknowledging the precedent set...