Supreme court
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...
'Unbelievable That Eyewitness Identified Attackers Despite Power Outage' : Supreme Court Sets Aside Murder Conviction In 2006 Case
Today, the Supreme Court acquitted two persons who were convicted for the offence of murder holding that their convictions were solely based on the testimony of the deceased's wife, who claimed she eye-witnessed the incident despite a power outage but failed to identify the assaulter and the weapon used for attack.The deceased was the village head of Singi village and was murdered in his...
Travesty Of Justice If Prisoner Can't Get Benefit Of Bail Order Due To Inability To Furnish Local Surety: Supreme Court
The Supreme Court today (September 18) directed the release of a POCSO convict who continued to remain in custody despite a bail order passed in May 2024. The petitioner had been unable to secure release due to his inability to furnish local surety.A bench of Justice Hrishikesh Roy, Justice Sudhanshu Dhulia and Justice SVN Bhatti noted that continuing to keep him in custody despite a bail...
Motor Accident Claims| Guidelines Of State Legal Services Authority On Disability Compensation Not Binding On HC/MACT : Supreme Court
The Supreme Court observed that the guidelines issued by the State Legal Services Authority for deciding the disability compensation in motor accident claims ought not to be made applicable for determining just and reasonable compensation in the cases where the proof of earning has been brought on record. The Court said that the guidelines issued by the Legal Services Authority...
No Documentary Evidence From Department To Support Allegations; Supreme Court Grants Bail To Assessee Arrested Under Section 69 of CGST Act
The Supreme Court allowed a Special Leave Petition (SLP) filed by the assessee/accused, granting bail in a case registered under Section 132(1)(b), 132(1)(f), and 132(1)(i) of the Central Goods and Services Tax Act, 2017. The Bench of Justices J.K. Maheshwari and Rajesh Bindal granted bail on the basis that the department failed to file any documentary evidence against...
Head Of Department Guilty If Government Dept Fails To Comply With NGT Order : Supreme Court
The Supreme Court recently observed that if a Government Department fails to comply with an order of the National Green Tribunal (NGT), the Head of the Department shall be deemed liable for such failure as per section 28 of the National Green Tribunal Act, 2010.A bench of Justice Abhay Oka, Justice Ahsanuddin Amanullah and Justice Augustine George Masih set aside an NGT order deleting...
Atomic Energy Act's Ban On Licence To Private Entities For Nuclear Energy Purposes Not Arbitrary : Supreme Court
The Supreme Court has upheld the provisions of the Atomic Energy Act 1962 which prohibit private entities from obtaining licence for working on nuclear energy.The Court observed that these provisions serve a "salutary public purpose" by ensuring that nuclear energy is used only for peaceful purposes under stringent government control. The Court was hearing a petition filed by a Physicist,...
PCPNDT Act | Search Of Clinic Illegal If Not Authorized By All Three Members Of District Authority: Supreme Court
The Supreme Court recently held that a search and seizure operation under Section 30 of the Pre Conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT Act) must be authorised by all three members of the District Appropriate Authority under the Act collectively, and any decision by a single member is illegal.“Looking at the object of sub-section (1)...
Candidate Duly Elected In Democratic Process Can't Be Stopped From Assuming Office: Supreme Court
Holding that a candidate who has been duly elected in a democratic process cannot be stopped from assuming the elected office, the Supreme Court directed the District Election Officer of Jhajjar (Haryana) to give the charge of the Sarpanch to the elected candidate who was restrained from assuming the charge of the Office despite having won the election. It was a case where the Appellant,...
Nagaland Civilian Killings: Supreme Court Closes FIR Against 30 Indian Army Personnel For Lack Of Sanctions Under AFSPA
The Supreme Court today (September 17) closed FIRs and set aside all proceedings against 30 21 PARA (Special Forces) personnel accused of allegedly killing civilians in Nagaland, given that the Union Ministry of Home Affairs declined to give sanctions to initiate criminal prosecution against them. It clarified that at any stage, if sanctions are granted to prosecute the personnel, then...
'Trial Not Likely To Conclude Soon In Actress Sexual Assault Case', Says Supreme Court Granting Bail To Main Accused Pulsar Suni
The Supreme Court on Tuesday (September 17) granted bail to Sunil NS, also known as Pulsar Suni, the main accused in the 2017 actress sexual assault case, after considering his long period of incarceration and the slow progress of the trial. Suni, who has been in custody for more than seven and a half years, is accused of conspiring with Malayalam actor Dileep and others in the abduction...