Medical Council's Report Can't Be Determinative To Contradict Consumer Forum's Evidentiary Findings On Medical Negligence : Supreme Court

The Supreme Court observed that a report of the Medical Council cannot be determinative to contradict the factual findings entered by a Consumer Forum regarding medical negligence.The Court was hearing an appeal filed by a man, a BPL card holder, whose 13-year-old son lost complete vision in his right eye following a cataract surgery undertaken by the respondents (Dr.Sumit Banerjee and Megha...

Supreme Court Weekly Round-Up (04 March-09 March, 2024)

With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the past week, providing...

Supreme Court Criminal Digest February 2024

AcquittalAppeal from acquittal – Principles of deciding – Appreciation of evidence is the core element of a criminal trial and such appreciation must be comprehensive i.e. inclusive of all evidence, oral or documentary. Partial or selective appreciation of evidence may result in a miscarriage of justice and is in itself a ground of challenge. If the Court, after appreciation of...

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...