Supreme Court Explains Difference Between Lease & Allotment

The Supreme Court yesterday (on January 02), while deciding a batch of civil appeals, reiterated that terms lease and allotment are different. Lease is a temporary grant whereas allotment though is a temporary right of use and occupation of evacuee but does not include a grant by way of a lease., the Court said.The Bench of Justices C.T. Ravikumar and Rajesh Bindal relied upon a thread...

Accused Who Absconded Can Be Prosecuted Under S.174A IPC Even If Proclamation Under S.82 CrPC Is Extinguished : Supreme Court

The Supreme Court observed that while a proclamation issued under Section 82 Cr.P.C. cannot be enforced if the underlying case is quashed, the accused may still be penalized under Section 174A IPC for failing to appear in response to the proclamation, as it constitutes an independent offence arising from the initial proclamation.The bench comprising Justices CT Ravikumar and Sanjay Karol...

CBI Doesn't Need State Govt's Consent To Register FIR Under Central Law Against Central Govt Employee Posted In That State : Supreme Court

The Supreme Court on January 2 held that the Central Bureau of Investigation (CBI) does not require permission from the State Government to register a First Information Report (FIR) under the Central Legislation against a Central Government employee just because the employee happens to work within the territory of a particular State.In this case, two FIRs were registered against...

100 Important Judgments Of Supreme Court Of 2024 [All Parts]

The links to all four parts of compilations of 100 important Supreme Court judgments of 2024 are given here for easy reference :Part 1 can be read here. Part 2 can be read here. Part 3 can be read here. Part 4 can be read here.Other Supreme Court Annual Round-up stories can be read...

Laws Applicable To Andhra Pradesh Continue To Apply To New States Of Telangana & AP After Bifurcation : Supreme Court

The Supreme Court on January 2 clarified that all laws applicable to the erstwhile State of Andhra Pradesh would continue to apply to the newly carved out States of Telangana & AP till such time the laws were altered, repealed, or amended. A bench of Justice CT Ravikumar and Rajesh Bindal set aside a common judgment passed by the High Court of Andhra Pradesh wherein proceedings under...

Grant Of Bail Must Be Subject To Embargo In Special Enactments : Supreme Court Sets Aside Bail Of MCOCA Accused

The Supreme Court held that when a special law imposes an embargo on the grant of bail, then the Courts must exercise the power to grant bail subject to the conditions specified under the special provision.While holding so, the bench comprising Justices CT Ravikumar and Sanjay Karol set aside the bail granted to an accused charged under the Maharashtra Control of Organized Crime Act,...

Motor Accident Claims Tribunal Can Look Into Police Records To Determine Question Of Negligence : Supreme Court

The Supreme Court has reiterated that in motor accident claim cases, police records can be looked into by the Tribunal/Court to determine the question of negligence.A bench comprising Justice CT Ravikumar and Justice Rajesh Bindal referred to Mangla Ram v. Oriental Insurance Co. Ltd. and Ors(2018) which held that charge sheet and other documents collected by the police during the investigation...

Mere Registration Of Will Won't Make It Valid Unless Its Execution Proved As Per Evidence Act : Supreme Court

The Court held the Will in the case to be not genuine, despite its registration, due to various suspicious circumstances.

High Courts Can Quash Criminal Proceedings Invoking Article 226 Jurisdiction Also Apart From S.482 CrPC Power : Supreme Court

The Supreme Court observed that apart from exercising its power to quash a criminal case under Section 482 Cr.P.C., the High Court can also exercise powers under Article 226 of the Constitution to quash the criminal case to prevent misuse of the law. “It is true that normally, quashing of criminal proceedings would be sought and would be done in exercise of the inherent power of the...

When FIR Omits Crucial Facts & They Are Added Later Through S.161 CrPC Statements, It Indicates Afterthought : Supreme Court

The Supreme Court has held that subsequent mentioning of crucial facts, which the complainant could have stated at the time of lodging of the FIR itself, would raise doubts as it indicates an afterthought.The omission of crucial facts in the FIR cannot be supplemented through witness statements under Section 161 CrPC, the Court held."Though FIR is not supposed to be an encyclopedia containing...

Sale Deed Executed After Adoption By Mother For Pre-Adoption Property Binding On Adopted Child : Supreme Court

The Supreme Court today (Jan. 2) observed that although a widow female Hindu's adopted child's rights relate to the date of the adoptive father's death, it would not divest the rights acquired by a female Hindu before an adoption. In other words, the court stated that any transaction made by the adoptive mother regarding the suit property acquired by her prior to the adoption would...

Supreme Court Upholds Delhi Municipal Corporation's Powers To Issue Tariff-Based Bids For Waste-To-Energy Project

The Supreme Court on January 2 upheld the Municipal Corporation of Delhi's (MCD) powers to issue tariff-based bids in Waste-to-Energy (WTE) projects under the Electricity Act 2003. The bench of Justices BR Gavai and KV Viswanathan was hearing the appeal filed by the Municipal Corporation of Delhi (MCD) against the order of the Appellate Tribunal for Electricity (APTEL) which set aside...