Supreme court
No Adverse Inference Against Prosecution Merely Because Witnesses Are Withheld: Supreme Court
While dismissing a criminal appeal, the Supreme Court (on December 13) opined that withholding witnesses from the court doesn't always mean that an 'adverse inference' can be drawn against the prosecution.“It is not axiomatic that in every case where the eyewitnesses are withheld from the court, an adverse inference must be drawn against the prosecution. The totality of the circumstances...
Master-Servant Relationship Continues During Suspension Period, Workman To Follow All Rules Governing Post : Supreme Court
A Supreme Court bench comprising Justices Hima Kohli and Rajesh Bindal on Thursday (December 14) in an order dealing with the issue of deeming voluntary retirement in a Bipartite Agreement held that a master-servant relationship continues during the period of suspension and the workman is under obligation to follow all the rules governing his post during that period. On the issue that...
Ensure Bail Applications Are Listed At The Earliest; Personal Liberty At Stake : Supreme Court To All High Courts
The Supreme Court on Monday (December 11) expressed serious concerns over the delay in consideration of anticipatory bail/ regular bail applications by High Courts. The bench comprising Justices C.T. Ravikumar and Sanjay Kumar observed that despite repeated judicial pronouncements of the Apex Court, lack of efficiency in listing and disposal of anticipatory bail applications gravely injures...
Documents Can Be Produced During Cross-Examination In Civil Trial To Confront Party To Suit Or Witness : Supreme Court
In a notable judgment, the Supreme Court has held that a document can produced during cross-examination in a civil trial to confront a party to the suit or a witness. The Court also held that there is no distinction between a party to a suit and a witness in this regard.A bench comprising Justices BR Gavai and Sanjay Karol set aside a judgment of the Bombay High Court which held that...
Though Advocates Settle Pleadings & Argue On Clients' Instructions, They Have Duty To Verify Facts From Case Records: Supreme Court
The Supreme Court recently observed that advocates settle pleadings and argue in court on instructions given by the clients, they also have the duty to diligently verify the facts from the record of the case."It cannot be gainsaid that every party approaching the court seeking justice is expected to make full and correct disclosure of material facts and that every advocate being an officer of...
IBC | When Matter Heard But No Order Pronounced On The Same Day, Limitation To Commence From The Date When Order Gets Uploaded: Supreme Court
The Supreme Court has held that when the National Company Law Tribunal (“NCLT”) hears a matter on a particular date but does not pronounce the order on the same date, then the limitation for filing an appeal from such order before the National Company Law Appellate Tribunal (“NCLAT”) under Section 61 of the Insolvency and Bankruptcy Code, 2016 (“IBC”), would commence from the...
IBC | When Matter Heard On A Particular Date But Order Pronounced Later, NCLT Not To Affix Date Of Hearing On Order: Supreme Court
The Supreme Court has held that when a matter is heard by the National Company Law Tribunal (“NCLT”) on a particular date but the order is pronounced on another date, then NCLT must refrain from affixing the date of hearing on the order. The requirement of pronouncement of order cannot be dispensed with, since under the NCLT Rules, 2016 there is a distinction between 'hearing'...
ED Needn't Give Reasons In Writing To Accused At Time Of Arrest, Can Give Within 24 Hrs; 'Pankaj Bansal' Doesn't Apply Retrospectively: Supreme Court
The Supreme Court on Friday (December 15) held that its judgment in Pankaj Bansal v. Union of India which held that the Directorate of Enforcement (ED) must furnish the grounds of arrest to the accused in writing does not apply retrospectively.A bench comprising Justices Bela M Trivedi and Satish Chandra Sharma held that non-furnishing of grounds of arrest till the date of pronouncement in...
Tribunal Cannot Direct Framing Of Policy By Government: Supreme Court Sets Aside AFT Direction On JAG
The Supreme Court on Thursday (14.12.2023) held that a Tribunal subject to the High Court's jurisdiction under Article 226, cannot be permitted by law, to direct the framing of a policy by the Government. A bench of Justice Abhay S Oka and Justice Sanjay Karol was considering whether the Armed Forces Tribunal (AFT) could have issued a direction to the Government to frame a policy for filling...
Mere Absconding By Accused & Remaining Untraceable For Long Can't Establish Guilt : Supreme Court
The Supreme Court on Tuesday (12.12.2023) acquitted a man convicted by the High Court of Madras under Section 304 (culpable homicide not amounting to murder) of the IPC, holding that the prosecution was unable to establish the accusation against him beyond reasonable doubt. The Court said he was entitled to be acquitted as it is what the justice of the case demands.The prosecution contended...
'Can't Entertain Every Dispute Between Delhi Govt & LG' : Supreme Court Asks DCPCR To Approach Delhi HC
The Supreme Court today (15.12.2023) remarked that not every issue between the Delhi Government and the Lieutenant Governor could be covered under an Article 32 petition before the Supreme Court. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra was hearing a petition filed by the Delhi Commission of Protection of Child Rights (DCPCR) over the alleged...
Supreme Court Grants Extension To Maharashtra Speaker Till January 10 2024 To Decide Shiv Sena Disqualification Pleas
The Supreme Court today granted an extension to the Maharashtra Legislative Assembly Speaker to decide the disqualification petitions filed in relation to Shiv Sena rift by January 10, 2024. It may be recalled that earlier, the Apex Court had directed for the pleas to be decided by December 31, 2023. Appearing before a bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice...