Supreme court
Insufficiently Stamped Document Not Admissible Merely Because It Was Exhibited Unless Deficiency Is Cured : Supreme Court
Recently, the Supreme Court justified the dismissal of the specific performance suit because it was filed based on the insufficiently stamped agreement to sell. The Court said that a relief cannot be sought based on a document that has not satisfied the legal requirements for admissibility i.e., an insufficiently stamped instrument being inadmissible in evidence could not bring relief to...
Legal Professionals Not Immune From Prosecution For Criminal Misdeeds : Supreme Court
Delivering judgment in the 'fake' SLP case, the Supreme Court today observed that no professional, much less a legal professional, is immune from prosecution for their criminal misdeed(s)."There is a great sanctity attached to the proceedings conducted in the court. Every Advocate putting his signatures on the Vakalatnamas and on the documents to be filed in the Courts, and every...
AoRs Can Give Appearance Of Only Those Advocates Who Are Authorized To Appear, Argue On A Particular Date : Supreme Court
Delivering judgment in the 'fake' SLP case, the Supreme Court today observed that Advocates-on-Record can mark the appearances of only those advocates who are authorized to appear and argue the case on a particular day of hearing."Such names shall be given by the Advocate on Record on each day of hearing of the case as instructed in the Notice(Officer Circular dated 30.12.2022). If there is...
Supreme Court Allows All Final Year Law Students To Appear In All India Bar Exam 2024
The Supreme Court has allowed final-year law students to appear in the All India Bar Examination (AIBE) which is scheduled to take place on November 24.The Court passed this interim order while hearing a petition challenging the decision to the Bar Council of India to exclude final year law students from registering for AIBE. The petitioners submitted that the BCI's decision was contrary to...
'Fraud Committed On Court' : Supreme Court Orders CBI Probe Into 'Fake' Petition Filed Without Petitioner's Knowledge
The Supreme Court today ordered the Central Bureau of Investigation to carry out a probe into a case where the petitioner denied filing any special leave petition and claimed ignorance of advocates who represented him.Notably, the order impugned in the SLP had put an end to criminal proceedings against the only witness in the 2002 Nitish Katara Murder case. However, as informed by...
'Unfortunate' : Supreme Court Slams CBI For Making 'Scandalous Allegations' Against All Courts In West Bengal
The Supreme Court on Friday (September 20) castigated the Central Bureau of Investigation for making "scandalous allegations" against the Courts in West Bengal while seeking transfer of the trial of the post-poll violence cases out of the State.Following the strong criticism by the bench comprising Justices Abhay S Oka and Pankaj Mithal, Additional Solicitor General of India SV Raju chose...
Where Language Is Clear And Unambiguous, Document Should Be Interpreted Literally : Supreme Court
Dealing with a property dispute, the Supreme Court recently held that where the language used in an instrument/document is clear and unambiguous, only that clear expression of words is to be considered for the interpretation of the instrument, not the surrounding circumstances."It is a cardinal principle of interpretation that where the language employed in the instrument is clear...
Motor Accident Claims - Contributory Negligence Of Driver Can't Be Vicariously Attached To Passengers Of Vehicle: Supreme Court
The Supreme Court observed that the legal heirs of the deceased who died in the road accident can't be denied their rightful compensation on the ground that the driver of the car contributed to the accident.Referring to a precedent, the Court observed, "the contributory negligence on the part of a driver of the vehicle involved in the accident cannot be vicariously attached to the passengers...
Supreme Court Directs Centre To Pay Interest On Arrears Of Disability Pension To 1971 Indo-Pak War Veteran Who Lost His Right Leg
The Supreme Court today (September 19) directed the Union of India to pay interest on the arrears of disability pension to a retired army officer who lost his right leg below the knee during the 1971 Indo-Pak war.A bench of Justice Abhay Oka, Justice Pankaj Mihal and Justice Ahsanuddin Amanullah partly allowed an appeal by the veteran seeking interest on arrears of his disability pension after...
Supreme Court Directs West Bengal To Form Municipal Building Tribunal Within 2 Weeks, Asks HC To Initiate Contempt Proceedings On Default
The Supreme Court on Tuesday (September 17) directed the State of West Bengal to complete the formation of the Municipal Building Tribunal within two weeks, warning that failure to comply could lead to contempt of court proceedings.Under the Kolkata Municipal Corporation Act, 1980, any party aggrieved by a demolition order for unauthorised construction can appeal to the Municipal...
Brusque Approach Of High Court In Reversing Acquittal Can't Be Sustained: Supreme Court Sets Aside Murder Conviction
The Supreme Court observed that while deciding an appeal against the acquittal, it would be impermissible for the Appellate Courts to reverse a well-reasoned judgment rendered by the trial court. The Court said that a clear finding ought to be recorded by the Appellate Court while reversing the trial court's judgment. “In Rajendra Prasad v. State of Bihar (1977), a 3-Judge Bench of...
S.195 CrPC Bar Not Applicable When Forgery Was Committed On Document Before It Was Given As Evidence In Court : Supreme Court
Dealing with a case involving allegations of forgery, the Supreme Court recently reiterated that there is no embargo under Section 195(1)(b)(ii) of CrPC to examine an allegation of forgery of documents filed in Court, when such forgery is committed before its production.As per Section 195(1)(b)(ii) of the Code of Criminal Procedure, a Court can take cognizance of an offence of forgery in...