Supreme court
Accused Can't Seek Default Bail Merely Because Investigation Is Pending Against Other Accused Or Chargesheet Is Incomplete : Supreme Court
While deciding the question whether the accused could avail the statutory remedy of default bail when the investigation is pending against other accused, the Supreme Court on Wednesday (January 24) held in negative by holding that the statutory right to default bail cannot be availed by the accused once the charge-sheet is filed against him.The Court added that the accused cannot exercise...
ED Moves Supreme Court Seeking Transfer Of Bribery Probe Against Its Officer From Tamil Nadu DVAC To CBI
In a significant development on Wednesday (January 24), the Enforcement Directorate (ED) has petitioned the Supreme Court for the transfer of an investigation into bribery allegations against its officer, Ankit Tiwari, from the Tamil Nadu Vigilance and Anti-Corruption Department (DVAC) to the Central Bureau of Investigation (CBI).The move comes after Tiwari was reportedly apprehended...
Supreme Court Acquits Woman In 23 Year Old Murder Case After Finding Her To Be A Juvenile At The Time Of Offence
The Supreme Court in a recent order acquitted a woman who was sentenced to suffer life-imprisonment for committing an offence of murder, after finding that she was a juvenile in 2000 when the offence took place. Setting-aside the concurring finding of the High Court and the Trial Court, the Bench of Justices Abhay Oka and Ujjal Bhuyan, noted that at the time of occurrence of the offence,...
Tax Return Filed Without Regular Books Of Account Not Invalid, Burden To Call For Curing Of Defects On Assessing Officer: Supreme Court
While deciding the question as to whether reopening of a concluded assessment under Section 147 of the Income Tax Act (“Act”) was legally sustainable or not, the Supreme Court recently held that for the purposes of tax assessment, an assessee's obligation is limited to making a "full and true" disclosure of all "material" or primary facts, and thereafter, the burden shifts on the...
How Can A Law Officer Say He Won't Support An Amendment Passed By Parliament? Supreme Court Asks Solicitor General In AMU Case
The fifth day of the hearing in the Aligarh Muslim University(AMU) case witnessed certain dramatic moments when the Solicitor General of India submitted that he was not supporting the amendment passed by the Parliament in 1981 which had the effect of conferring minority status to the AMU.A seven-judge bench led by the Chief Justice of India expressed surprise at this submission of the SG...
Default Bail Can't Be Claimed On Ground That Investigation Is Pending Against Other Accused: Supreme Court Sets Aside Bail To Wadhwans In DHFL Case
The Supreme Court today (January 24) set aside the default bail granted to DHFL promoters Kapil Wadhawan and Dheeraj Wadhawan in the case related to the alleged multi-crore loan scam. Setting aside the concurring findings of the High Court and the Trial Court, the Bench of Justices Bela Trivedi and Pankaj Mithal noted that Kapil and Dheeraj Wadhawan cannot claim the statutory right of...
Acquittal Under Prevention Of Corruption Act Should Not Be Based Solely On Invalid Sanction: Supreme Court
The Supreme Court (on January 18) opined that acquittal under the Prevention of Corruption Act, 1988 (PC Act) cannot be based solely on invalid Sanction. “The Sessions Court could not have acquitted the accused only on the ground of alleged invalid sanction, without recording its findings on all the issues involved.,” the Court said. The Bench of Justices Bela M Trivedi and KV...
Magistrate Can't Take Cognizance Of Supplementary Chargesheet If It Lacks Fresh Evidence After Further Investigation: Supreme Court
The Supreme Court on Monday (January 22) observed that it would be impermissible under the law for a Judicial Magistrate to take cognizance of a supplementary charge-sheet submitted after further investigation if it doesn't contain any fresh oral or documentary evidence, would be impermissible under the law. Reversing the concurring findings of the High Court and Trial Court, the Bench...
Mere Cheating Will Not Attract S.420 IPC Offence; Accused Must Dishonestly Induce Cheated Person To Deliver Property : Supreme Court
The Supreme Court on Monday (January 22) held that while prosecuting a person for the offence of cheating punishable under Section 420 of the Indian Penal Code, it is to be seen whether the deceitful act of cheating was coupled with an inducement leading to the parting of any property by the complainant. Reversing the concurring findings of the High Court and the Trial Court, the Bench...
'What Authority You Have To Tie People To Poles & Beat Them?' : Supreme Court To Gujarat Police Officers Involved In Kheda Flogging
The Supreme Court on Tuesday (January 23) stayed the contempt proceedings against four police officers who were sentenced to 14 days of imprisonment by the Gujarat High Court in October last year for their involvement in the public flogging of Muslim men in Gujarat's Kheda.A bench of Justices BR Gavai and Sandeep Mehta today admitted the statutory appeal preferred by police officers A V Parmar,...
Efforts To Settle Pure Civil Disputes By Applying Pressure Through Criminal Prosecution Must Be Deprecated : Supreme Court
The Supreme Court has (on 19 January) prima facie observed that a mere breach of contract does not amount to an offence of cheating or breach of trust as provided under the Indian Penal Code unless the fraudulent or dishonest intention is shown. “Prima facie, in our opinion, mere breach of contract does not amount to an offence under Section 420 or Section 406 of the Indian Penal...
