Supreme Court Half Yearly Digest 2024: Evidence Act

EvidenceAppreciation of Evidence – The High Court fails to appreciate evidence in a thorough manner and merely relied on a limited set of facts to arrive at a finding. In an appeal, as much as in a trial, appreciation of evidence essentially requires a holistic view and not a myopic view. Appreciation of evidence requires sifting and weighing of material facts against each other and...

Supreme Court Monthly Round-Up: July 2024

Here's a comprehensive overview of the Supreme Court of India proceedings during July 2024. This monthly digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the month of March and also the updates of the Constitution bench hearing on the taxation matter of mineral-bearing lands, providing...

Right To Bail Should Be Read Into S.45 PMLA When Accused Has Spent Long Time In Custody & There's Delay In Trial : Supreme Court

While allowing the bail plea of former Delhi Deputy Chief Minister Manish Sisodia in relation to the liquor policy case, the Supreme Court recently observed that in cases where there has been a delay in trial and the accused has spent a long period in custody, right to bail shall be read into Section 439 CrPC and Section 45 of the Prevention of Money Laundering Act (PMLA). The same will...

S. 27 Evidence Act | Statement Of Accused Inadmissible If No New Fact Is Discovered Pursuant To Disclosure: Supreme Court

The Supreme Court has held that the disclosure made by an accused under Section 27 of the Indian Evidence Act is irrelevant if the fact was previously known to the police.The Court held so while reversing the conviction in a murder case. The Court held that the disclosure of the accused regarding the crime scene was irrelevant as this fact was already known to the police. Hence, the statement...

Supreme Court Half Yearly Digest-Code Of Criminal Procedure [Jan – June, 2024]

Code of Criminal Procedure, 1973 'Absurdity': Supreme Court quashes FIR which alleged book in Indore law college library hurt religious sentiments. Inamur Rahman v. State of M.P. 2024 LiveLaw (SC) 423 Appeal against conviction – Held, Conviction is confirmed. The impugned judgments do not suffer from any infirmity warranting any interference. (Para 49 & 50) Sukhpal Singh v....

'Post-Investigation' FIR Suspicious: Supreme Court Holds Probe Tainted As Police Concealed Actual First Information

The Supreme Court on Thursday (Aug. 8) reversed the conviction in a murder case after noting serious loopholes regarding the registration of the First Information Report.The Court found that the FIR was registered not on the basis of the actual first information, but on the basis of a subsequent complaint. The Court said that such a "post-investigation" FIR does not inspire confidence.The...

How To Determine Conversion Of Arbitral Award In Foreign Currency To Indian Currency? Supreme Court Explains

In a significant judgment relating to International Commercial Arbitration, the Supreme Court has decided the two important questions on the enforcement of an arbitral award expressed in foreign currency to Indian Currency.The two questions that appeared for the Court's consideration were:Firstly, what is the correct and appropriate date to determine the foreign exchange rate for converting...

Accused Has Right To Inspect "Un-relied Upon Documents" To Avail Fair Trial : Supreme Court

While allowing the bail plea of former Delhi Deputy Chief Minister Manish Sisodia in relation to the liquor policy case, the Supreme Court today observed that to ensure right to fair trial, an accused cannot be denied the right to have inspection of prosecution documents, including the Un-relied Upon Documents."It is to be noted that there are around 69,000 pages of documents involved in both...

Decision To Reduce Pay Scale Can't Be Applied Retrospectively: Supreme Court Quashes Recovery Steps Against Retired Govt Servant

The Supreme Court observed that any step of reduction in the pay scale and recovery from a Government employee would tantamount to a punitive action because the same has drastic "civil as well as evil consequences."A Supreme Court bench of Justices Sandeep Mehta and R. Mahadevan further observed: “Any decision taken by the State Government to reduce an employee's pay scale and recover...

Trial Courts & High Courts Try To Play Safe In Bail Matters, Have Forgotten 'Bail Is The Rule' : Supreme Court In Manish Sisodia's Case

While allowing the bail plea of former Delhi Deputy Chief Minister Manish Sisodia in relation to the liquor policy case, the Supreme Court today lamented that Trial Courts and High Courts in the country have forgotten the principle that 'bail is the rule, jail an exception' and attempt to play safe."From our experience, we can say that it appears that the trial Courts and the High Courts...

BREAKING | Supreme Court Grants Bail To Manish Sisodia, Says Right To Speedy Trial Denied In Liquor Policy Case

In a significant development, the Supreme Court today allowed the bail plea of former Delhi Deputy Chief Minister and Aam Aadmi Party leader Manish Sisodia in relation to the liquor policy case.The Court allowed Sisodia's bail applications in both the CBI and ED cases, considering the delay in commencement of trial in the liquor policy case. "We find that on account of long incarceration...

Confession Recorded By Medical Officer When Accused Were Presented By Police Officers Inadmissible As Evidence: Supreme Court

The Supreme Court while setting aside murder convictions of two individuals observed that confession recorded by a Medical Officer while preparing the injury reports of the accused during police custody is inadmissible as evidence. The bench observed that such a confession is not an admissible evidence in view of the bar under Section 26 of the Indian Evidence Act, 1872.A bench of Justice...