Supreme Court Weekly Round-Up- 4 (Jan 25-29)

De novo CBI investigation in Raju Pal murder caseRecently, The apex court in Pooja Pal vs. Union of India, directed the CBI, to conduct a de novo investigation in the incident of murder of Raju Pal, the slain BSP MLA, by allowing an appeal filed by his wife Mrs.Pooja Pal. Apex Court Bench comprising of Justices V. Gopala Gowda and Amitava Roy said that pendency of the trial and the examination...

Contract to be interpreted in the way parties wanted and intended it to be : Supreme Court [Read Judgment]

Supreme Court has observed that the terms of the contract, especially Arbitration agreements will have to be understood in the way the parties wanted and intended them to be. Apex Court Bench comprising of Justices Anil R. Dave, Kurian Joseph and Amitava Roy made this observation in Bharat Aluminium Company vs. Kaiser Aluminium Technical Services Inc.In Bharat Aluminium Company v....

Breaking; CBI Investigation can be ordered by Constitutional Courts even after Commencement of Trial; SC [Read Judgment]

A two Judge Bench of the Supreme Court in Dharam Pal v. State of Haryana has held that an Investigation by another agency including CBI can be ordered by the Constitutional Court even after commencement of Trial.The Bench comprising of Justices Dipak Misra and Prafulla C Pant was hearing an Appeal against the Judgment of Punjab and Haryana High Court which declined the plea of One Dharam Pal...

Hope for Gay, Lesbian Community; SC to hear Curative Plea against Sec 377 in Open Court on Feb 2

February 2, 2016 will be a big day for India's gay and lesbian community as after their almost two-year wait, a Supreme Court bench headed by Chief Justice T S Thakur will hear in open court the curative petition filed by Naz Foundation Trust and several eminent personalities, including film director Shyam Benegal, against its December 2013 verdict re-criminalising homosexual acts.A...

Kerala HC suspends Vigilance Court Ordering Investigation against Kerala CM Oommen Chandy in Solar Scam [Read Order]

The High Court of Kerala today, suspended the order by Vigilance court which had directed the Vigilance and Anti-Corruption Bureau (VACB) to investigate the complaint against the Chief Minister and Power minister of Kerala. Justice P. Ubaid, in his order made critical remarks about the Special Judge of the Vigilance Court and said that the order of Vigilance court requires detailed...

Supreme Court, issues guidelines on storage of seized Narcotics: orders destruction to prevent recirculation [Read Judgment]

Supreme Court has issued guidelines on the disposal of Narcotic Drugs and Psychotropic and controlled Substances and Conveyance. Apex Court bench comprising of the Chief Justice T.S. Thakur and Justice Kurian Joseph made this observation in Union of India vs Mohanlal in order to ‘avoid any confusion arising out of the continued presence of two notifications on the same subject’The Court...

‘Sale’ is co-terminus with registration of a new motor vehicle: Supreme Court

A motor vehicle remains in the category of unascertained or future goods till its appropriation to the contact of sale by the seller is occasioned by handing over its possession at or near the office of registration authority in a deliverable and registrable state, the Court said.The Supreme Court, on Friday has observed that though in practical terms sale precedes the event of registration,...

Any document executed or thing done by an agent on the strength of power of attorney is as effective as if executed or done in the name of principal, i.e., by the principal himself: SC

The Supreme Court on Thursday, reiterated the settled principle of law relating to power of attorney, that any document executed or thing done by an agent on the strength of power of attorney is as effective as if executed or done in the name of principal, i.e., by the principal himself.The bench comprising Justice J. Chelameswar and Justice A.M. Sapre observed, “It is well settled therein...

Once liability and consideration proven by Promissory Note, it cannot be said that cheque was issued as ‘Security’; Offence u/s 138 NI Act proven: SC

In a judgment delivered on Thursday, a Division Bench of the Supreme Court has held that once liability and consideration were proven by the endorsement made on the Promissory Note, it cannot be contended that the cheques were issued merely as security. The Bench, comprising Chief Justice T.S. Thakur and Justice Kurian Joseph, hence ruled that the offence under Section 138 of...

Supreme Court invokes 'Doctrine of Transferred Malice' (Section 301 IPC) and restores conviction of accused for Murder [Read Judgment]

High Court has failed to take into consideration the doctrine of transfer of malice as provided in Section 301 of the Court, the Bench said.The Supreme Court, on Thursday, in State of Rajasthan vs. Ram Kailash alias Ram Vilas restored the conviction of a murder accused under Section 302 IPC by setting aside the Judgment of High Court of Rajasthan which had altered it to conviction under...

Second Complaint to Consumer forum maintainable if Consumer Protection Rules do not prohibit it: SC [Read Judgment]

Supreme Court, on Thursday, has reiterated that second complaint to a Consumer District Forum is maintainable, if relevant Consumer Protection Rules do not expressly prohibit it. Apex Court Bench of Justices Madan B. Lokur and R.K. Agrawal made this observation in Indian Machinery Company vs. M/s. Ansal Housing & Construction Ltd. ContextNational Commission had held that a second complaint...

Be it a village man or the Chief Minister, Law is equal to all Public Servants : Vigilance Court orders investigation against Kerala CM [Read Order]

In yet another blow to UDF Government in Kerala, Vigilance Court has asked the Vigilance and Anti Corruption Bureau to investigate the complaint against the Kerala Chief Minister Oommen Chandy and Power minister Aryadan Mohammed.The complainant in this case had produced a CD and newspaper reports to bring to the notice of the Court the statements made by Saritha S Nair to the effect that she...