Supreme court
Interlocutory Order Passed By Trial Court Can't Be Vacated By Appellate Court Unless Shown To Be Perverse, Arbitrary: Supreme Court
The Supreme Court recently cautioned the Appellate Courts against casually interfering with well-reasoned interlocutory orders passed by the trial courts, stating that the Appellate Court's discretion in vacating the interlocutory order should only be exercised if it is shown that the interlocutory order was arbitrary, capricious, perverse, or contrary to established legal...
No Nexus Between Company's Revenue & Amount Of Penalty For Environmental Damages : Supreme Court Disapproves NGT's Approach
The Supreme Court expressed disapproval of an order passed by the National Green Tribunal(NGT) which imposed penalty for environmental damages on a company based on its revenue.The Court observed that there was no nexus between the revenue generation of the company and the ascertainment of penalty for violation of environmental laws.The Court was hearing an appeal filed by a company against...
For Discharge Application, Only Documents Forming Part Of Chargesheet Can Be Considered : Supreme Court
In a recent case, the Supreme Court observed that while considering the application for discharge, only that document is to be considered which forms part of the charge sheet, and not the ones which were never part of the charge sheet. “In the case of State of Orissa vs Debendra Nath Padhi, (2005) 1 SCC 568, this Court has reiterated the well-settled law that while considering the prayer...
Know The Law | When Can Sex On Promise To Marry Amount To Offence Of Rape?
Recently, the Supreme Court expressed concern over the 'worrying trend' of initiating criminal proceedings under rape charges soon after a proloned consensual relationship breaksdown.In this explainer, we will dissect the issue of (1) What is a false promise to marry and how it's different from a breach of promise to marry?. (2) When can a promise to marry be considered 'false'? and (3) How can...
Experience Marks Can't Be Denied To Outsourced Employee Performing Regular Duties Though Not In Sanctioned Post : Supreme Court
The Supreme Court held that experience marks cannot be denied solely because a candidate worked as an outsourced manpower. If the candidate performed duties aligned with the sanctioned post, they are eligible for marks, even if the candidate was not appointed on the sanctioned post, the court said. “The first respondent, thus, cannot be denied the benefit of mark for experience merely...
S. 306 IPC | Simple Refusal To Marry Not Abetment To Suicide : Supreme Court
The Supreme Court today set aside the conviction of a man who was charged with the offence of abetment to suicide (Section 306 IPC) because his lover committed suicide upon his refusal to marry her. The bench comprising Justice Pankaj Mithal and Justice Ujjal Bhuyan observed that simple refusal to marry someone would not amount to instigation to commit suicide. Instead, it must be shown...
Highest Bidder In Tender Process Has No Vested Right To Contract : Supreme Court
In a recent case, the Supreme Court observed that the highest bidder in the Notice Inviting Tender (NIT) cannot have a vested right to have the auction concluded in his favor. The Court added that for the contract to be executed, a letter of allotment must be issued in favor of the successful bidder. The bench comprising Justice Bela M Trivedi and Justice Satish Chandra Sharma heard a...
S. 27 Evidence Act | Recovery Based On Statement By Accused Before Recording Of S.27 Disclosure Not Admissible : Supreme Court
The Supreme Court held that an alleged recovery of incriminating materials based on a statement given by the accused en route the police station before the recording of the statement under Section 27 of the Indian Evidence Act at the police station is not admissible.The Court set aside the conviction of an accused in a murder case after noting that the discovery of the incriminating...
While Deciding Application Under S.319 CrPC, Court Must Consider Cross-examination As Well : Supreme Court
In a recent case, the Supreme Court observed that the summoning of an additional accused under Section 319 Cr.P.C. should not be only based on the examination in chief of the prosecution witnesses. The Court said that due credence must be also given to the prosecution witness cross-examination, if exists, before the filing of the application under Section 319 Cr.P.C. The bench comprising...
Distressing To Witness Discrimination Against Women In Governance When Country Aspires To Be Economic Powerhouse: Supreme Court
While granting relief to a woman Sarpanch in Chattisgarh against her removal from office, the Supreme Court expressed concerns about the growing trend of bureaucratic harassment against female elected representatives.The Court observed that such recurring instances of bureaucratic officers exacting vendetta against female sarpanches by causing their removal from offices highlight a...