Non-Bailable Warrants Shouldn't Be Issued Unless Accused Charged With Heinous Crime Is Likely To Abscond Or Destroy Evidence: Supreme Court

The Supreme Court, in a judgment delivered on May 1, cautioned against the routine issuance of non-bailable warrants. The Court said that non-bailalbe warrants not be issued unless the accused is charged with a heinous crime, and is likely to evade the process of law or tamper/destroy evidence. “While there are no comprehensive set of guidelines for the issuance of nonbailable warrants,...

Supreme Court Criminal Digest -March 2024

Anticipatory Bail Custodial interrogation is one of the effective modes of investigating into the alleged crime. It is equally true that just because custodial interrogation is not required that by itself may also not be a ground to release an accused on anticipatory bail if the offences are of a serious nature. However, a mere assertion on the part of the State while opposing the...

Chargesheet Must Contain Clear & Complete Entries, Specify Role Of Each Accused; Witness Statements Be Enclosed With It : Supreme Court

Taking note of the importance of the submission of a charge sheet to take cognizance of an offence by a magistrate, the Supreme Court on Wednesday (May 1) observed that the charge sheet must contain clear and complete entries of all columns to enable the court to understand which crime has been committed by which accused and what is the material evidence available on the file.“Therefore,...

State Can Impose Stamp Duty On Insurance Policies Executed Within State, But Only Parliament Can Fix The Rate :Supreme Court

The Supreme Court on April 30 dismissed the appeals filed by the Life Insurance Corporation (LIC) against the demand of stamp duty of approximately Rs 1.19 crores raised by the State of Rajasthan. The Court upheld the legislative competence of the State to levy stamp duty on insurance policies executed within the State subject to the rates determined by the Central legislation.The...

S.138 NI Act | Courts Can't Compel Complainant To Give Consent For Compounding, Mere Repayment Won't Absolve Accused : Supreme Court

Recently, the Supreme Court observed that the Courts cannot compel the complainant in a cheque dishonour case to give consent for the compounding of the complaint merely because the accused has compensated the complainant.The Court also observed that mere repayment of the amount cannot mean that the appellant is absolved from the criminal liabilities under Section 138 of the...

No Order Be Passed Without Examining Lawfulness Of 'Minutes Of Order' Filed By Advocates : Supreme Court To Bombay High Court

The Supreme Court, in a recent judgment, commented about the peculiar practice of advocates filing "Minutes of Order" in the Bombay High Court. "Minutes of Order" are notes filed by advocates on both sides which mention the points which are to be included in the judgment to be passed by the Court.While this practice is to assist the judges, the Supreme Court cautioned that care should be taken...

Hindu Marriage A 'Samskara' & A Sacrament; Not An Event For 'Song & Dance', 'Wining & Dining' Or Commercial Transaction: Supreme Court

The Supreme Court emphasized that Hindu Marriage is a sacred institution and should not be trivialized as a mere social event for "song and dance" and "wining and dining". It urged young individuals to deeply consider the sanctity of marriage before committing to it. Marriage should not be approached as an occasion for extravagance or as a means to demand dowry or gifts, but as a solemn...

ED Withheld Materials Favoring Kejriwal, Witness Statements Extracted Through Coercion & Inducement: Singhvi To Supreme Court

While arguing Delhi Chief Minister Arvind Kejriwal's plea challenging his arrest by the Enforcement Directorate (ED) in the Delhi Liquor Policy case, Senior Advocate Dr Abhishek Manu Singhvi on Tuesday (April 30) accused the agency of withholding materials favoring Kejriwal and questioned the circumstances under which the statements claimed to be inculpatory were recorded.The matter was...

Hindu Marriage Invalid If Requisite Ceremonies Not Performed, Registration Won't Make Such A Marriage Legitimate : Supreme Court

In a recent ruling, the Supreme Court clarified the legal requirements and sanctity of Hindu marriages under the Hindu Marriage Act 1955. The Court emphasized that for a Hindu marriage to be valid, it must be performed with the appropriate rites and ceremonies, such as saptapadi (seven steps around the sacred fire) if included, and proof of these ceremonies is essential in case of...

Bhima Koregaon Case | Trial May Not Be Over For Another 10 Years, Says Supreme Court While Hearing NIA Challenge To Navlakha's Bail

The Supreme Court (on April 30), while hearing National Investigative Agency's challenge against the Bombay High Court order granting bail to Bhima Koregaon-accused Gautam Navlakha, orally said that the trial “may not be over for another ten years.” This was after the Senior Advocate Nitya Ramakrishnan, appearing for Navlakha, informed the Court that there were 375 witnesses in...

'If You Want, You Move Like Lightning' : Supreme Court On Uttarakhand's Action Against Patanjali, Says Inaction For Years Needs Explanation

Though the Uttarakhand State Licensing Authority stated that it has initiated action against Patanjali Ayurved and Divya Pharmacy for publishing misleading medical advertisements, the Supreme Court on Tuesday (April 30) expressed dissatisfaction by pointing out that the Authority was inactive for several years and got "activated" only after the Court took up the issue.The State apprised the...

PMLA | Are Sec.45 Bail Conditions Applicable To Accused Who Appears Before Court As Per Summons? Supreme Court Reserves Judgment

The Supreme Court on Tuesday (April 30) reserved the Judgment on the issue whether an accused in a money laundering case is required to fulfil the twin conditions for bail under Section 45 of the Prevention of Money Laundering Act (PMLA) when he executes a bond for appearance before the Special Court in pursuance of a summons issued to him.The Bench comprising Justices Abhay S. Oka and...