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![Supreme Court Weekly Digest With Subject /Statute Wise Index [February 25 to 29]](https://www.livelaw.in/h-upload/2024/02/06/500x300_520735-supreme-court-weekly-digest.webp "Supreme Court Weekly Digest With Subject /Statute Wise Index [February 25 to 29]")
Supreme Court Weekly Digest With Subject /Statute Wise Index [February 25 to 29]
Abuse of Process of LawSpecial Leave Petitions - Several matters, wherein the special leave petitions are filed either against the order seeking adjournment or the order issuing notices or grant/refusal of interim protections. Filing of such petitions not only wastes the time of the Court but it also puts unnecessary burden on the Courts and adds up to the pendency of matters before the...
If Acquittal Is Based On Irrelevant Grounds, Supreme Court Obligated To Interfere Under Article 136 : Supreme Court
Recently, the Supreme Court observed that while exercising powers under Article 136 of the Constitution it can interfere with the order of the acquittal if the acquittal of an accused would lead to a significant miscarriage of justice. The Bench Comprising Justices Surya Kant and KV Viswanathan while reversing the acquittal of the respondent/accused to conviction stated that though under...
Directing Deposit Of 75% Suit Claim To Condone Delay & Set Aside Exparte Decree Unwarranted & Disproportionate: Supreme Court
The Supreme Court in a recent order on deprecated the condition imposed by the High Court for the deposit of 75% of suit claim to condone delay and set aside an ex parte order.The Supreme Court bench led by CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra, in its order, observed that such a condition was not only disproportionate but also unwarranted. The bench was sitting in...
'Not Murder, But Culpable Homicide Not Amounting To Murder' : Supreme Court Reduces Sentence Of Husband Who Burnt Wife Alive In Sudden Quarrel
The Supreme Court recently converted the conviction of a husband, who killed his pregnant wife by setting fire on her after pouring kerosine oil, for the offence of murder under Section 300 of the Indian Penal Code to the offence of culpable homicide not amounting to murder punishable under Part-II of Section 304 IPC30.The Bench Comprising Justices Sudhanshu Dhulia and PB Varale stated that...
Relationship Which Was Consensual At Beginning Might Not Remain Same For All Time: Supreme Court Refuses To Quash Rape Case
A relationship may be consensual at the beginning, but the same state may not remain so for all time to come., held the Supreme Court while declining to quash an FIR registered against a rape accused. “Whenever one of the partners show their unwillingness to continue with such relationship, the character of such relationship at it was when started will not continue to prevail.,”...
Need To Educate Police About Freedom Of Speech, They Must Be Sensitised About Democratic Values : Supreme Court
This observation was made by the apex court while quashing a criminal case against a professor under Section 153A of the Indian Penal Code for his WhatsApp status criticising the abrogation of Article 370.
Affidavit Necessary With Application Under S.156(3) CrPC; Directions In 'Priyanka Srivastava v. State of UP' Mandatory: Supreme Court
The Supreme Court, in its recent order, has stated that the directions passed by it in the decision of Mrs. Priyanka Srivastava & Anr. v. State of Uttar Pradesh & Ors. (2015) 6 SCC 287, are mandatory.The Division bench of Justices Sanjiv Khanna and Dipankar Datta was hearing a criminal appeal arising from the Telangana High Court's order. The High Court had refused to quash the...
Article 20 Doesn't Prohibit Court From Imposing Lesser Punishment As Per New Law: Supreme Court
The Supreme Court on Thursday (March 07) observed that Article 20(1) of the Constitution doesn't restrain the Courts from imposing a lesser punishment on the basis of a new law which came into force after the date of commission of the offence.Article 20(1), which incorporates the principle that criminal laws cannot be given retrospective operation, states that a person cannot be punished...
Section 94 Juvenile Justice Act | Ossification Test Has Been Kept At The Last Rung To Determine Age: Supreme Court
The Supreme Court, while denying the plea of juvenility preferred by a convict in a murder case, observed that to determine age, ossification test stands last in the order of priorities. Pertinently, Section 94(2) of the Juvenile Justice Act 2015 provides for the mode of determination of age. As per this provision, priority should be given to the date of birth certificate. In the...
Cooperating With Investigation Doesn't Mean Accused Is Expected To Make Self Incriminating Statements : Supreme Court
The Supreme Court observed that where the interim protection from arrest is subject to the accused's cooperation in the investigation, he/ she is not expected to make self-incriminating statements under threat of the State seeking the withdrawing of such protection. “An accused, while joining investigation as a condition for remaining enlarged on bail, is not expected to...
Narcotics Control Bureau Officers Must Follow 'Tofan Singh' Judgment That Confession Statements Aren't Admissible Evidence : Supreme Court
In the latest development, the Supreme Court (March 06) has firmly directed the Narcotics Control Bureau's officers to comply with its three-judge Bench judgment in Toofan Singh vs. State of Tamil Nadu., (2021) 4 SCC 1. “However, we clarify that the authorities/officers of the Narcotics Control Bureau must comply and abide by the judgment of this Court in “Toofan Singh vs. State of...
