Supreme court
Filing Petition Under NALSA's Free Legal Aid Program Without Convict's Consent Is Misuse Of Process: Supreme Court
The Supreme Court has dismissed a Special Leave Petition (SLP) filed with a delay of 2,298 days by a convict from Punjab, holding that the petition was filed merely under a legal aid programme without the convict's consent, and that such a practice amounts to misuse of process.A Bench of Justice Pankaj Mithal and Justice Prasanna B. Varale was hearing the plea filed on behalf of Kamaljit...
'Evidence Not Clear, There Can't Be Moral Conviction', Supreme Court Acquits Death Row Convict In Child Rape-Murder Case
The Supreme Court recently acquitted a man who was convicted and sentenced to death for an offence of murder and raping of a 4-year-old girl, noting that the accused's extra-judicial confession, which formed the cornerstone of the prosecution's case, was unreliable and insufficient for conviction as it was marred by glaring inconsistencies, coupled with a lack of independent witnesses...
Supreme Court Clarifies Principles Governing Plea Of Demurrer
In a detailed pronouncement, the Supreme Court has crystallised the governing principles on the plea of demurrer - a legal plea that tests the sufficiency of a claim in law without questioning the truth of the facts pleaded. In other words, by taking a plea of demurrer, the other party questions the validity of the legal claim, on the assumption that the facts pleaded are correct. The...
Supreme Court Explains Tests To Determine Urgency To Exempt Pre-Litigation Mediation In Commercial Suits
The Supreme Court held that when deciding a commercial suit involving a request for urgent interim relief in intellectual property infringement cases, the plaintiff's perspective must be duly considered, and courts may dispense with the mandatory pre-institution mediation requirement under Section 12A of the Commercial Courts Act, 2015 (“Act”). “The court is not concerned with the...
S.195A IPC | Police Can Register FIR For Offence Of Threatening Witness; Court's Complaint Not Needed : Supreme Court
The Supreme Court on Tuesday (October 28) ruled that the offense of threatening a witness under Section 195A of the Indian Penal Code (IPC) is a cognizable offense, empowering the police to directly register an FIR and investigate, without waiting for a formal complaint from a court. A bench of Justices Sanjay Kumar and Alok Aradhe set aside the Kerala High Court's decision which held that...
NDPS Disposal Rules Don't Bar Interim Release Of Seized Vehicle To Innocent Owner : Supreme Court
The Supreme Court on Monday (October 27) held that when the owner of a vehicle establishes that it was used for transporting narcotic substances without his knowledge or connivance, he cannot be denied interim custody of the vehicle pending trial. The Court clarified that the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022 (“2022...
Supreme Court Grants Relief To Class IV Employees Of UP Judiciary Who Were Terminated 17 Years Ago
The Supreme Court recently quashed the termination of 4 Class IV employees of the Ambedkar Nagar District Judgeship in Uttar Pradesh, holding that their removal in 2008 for being appointed beyond the notified vacancies was unjustified. A bench of Chief Justice BR Gavai and Justice K Vinod Chandran directed that those who have not yet reached the age of superannuation be reinstated in existing...
Supreme Court Transfers Eureka Forbes' Patent Infringement Suit Against Atomberg's “Intellon” Water Purifier To Bombay High Court
The Supreme Court has transferred a patent infringement suit filed by Eureka Forbes Limited before the Delhi High Court to the Bombay High Court, where a related suit by Atomberg Technologies Private Limited for “groundless threat of infringement” is already pending.A bench of Justice Pamidighantam Sri Narasimha and Justice Atul S Chandurkar allowed Atomberg's transfer petition and...
Supreme Court Quashes 37-Year-Old Dismissal Of Railway TTE, Orders Grant Of Benefits To Legal Heirs
The Supreme Court on Monday (October 27) set aside the 37-year-old dismissal of a Railway Travelling Ticket Examiner (TTE), holding that the disciplinary findings were perverse and unsupported by evidence. The employee, who passed away during the prolonged litigation, will now have all consequential benefits released to his legal heirs. A bench of Justices Sanjay Karol and Prashant Kumar...
Supreme Court Expresses Dismay At HC Suspending Murder Sentence On Condition To Plant Tree Saplings
The Supreme Court today(October 27) expressed dismay at an order passed by the Madhya Pradesh High Court which suspended the sentences of two murder convicts on the condition to plant 10 saplings each as a matter of social cause.A bench comprising Justice Aravind Kumar and Justice NV Anjaria set aside the April 29 order passed by Justice Anand Pathak and Justice Hirdesh of the High Court in...