Supreme court
Section 47 CPC | Executing Court Can Consider Only Questions Limited To Execution Of Decree; Can't Go Behind Decree: Supreme Court
Lamenting the long delay in the execution of decrees, the Supreme Court observed that under Section 47 of the Code of Civil Procedure, the Executing Court can only go into questions that are limited to the execution of decree and can never go behind the decree.As per Section 47, all questions arising between the parties to the suit in which the decree was passed, or their representatives,...
Section 313 CrPC | 'Right To Remain Silent Not Be Used Against Accused' : Supreme Court Summarises 12 Principles
Recently, the Supreme Court, in a noteworthy judgment, while acquitting a woman accused of killing her own child and was convicted for murder and sentenced to life imprisonment, also decided the question of what may be required of the convict in her statement under Section 313 Code of Criminal Procedure (Cr.P.C).Citing extensive thread of precedents, the Top Court penned down the...
"Governor Acting As A Political Rival": Tamil Nadu Government Moves Supreme Court Against Governor RN Ravi's Inaction In Assenting Bills
The Tamil Nadu Government has moved Supreme Court alleging that the Governor of the State of Tamil Nadu Dr RN Ravi has positioned himself as a "political rival" to the State Government and is obstructing the State Legislative Assembly's ability to carry out its duties by excessively delaying the consideration of bills that the Assembly has passed. Asserting that the Governor’s inactions...
Supreme Court Half Yearly Digest 2023- Law Of Evidence
AdmissionAny concession or admission of a fact by a defence counsel would definitely be binding on his client, except the concession on the point of law. (Para 39) Balu Sudam Khalde v. State of Maharashtra, 2023 LiveLaw (SC) 279 : AIR 2023 SC 1736 : 2023 INSC 314Chance WitnessDeposition of a chance witness whose presence at the place of incident remains doubtful should be discarded. Ravi...
Second Petition Under S.482 CrPC On Grounds Available At The Time Of First Petition Not Maintainable: Supreme Court
The Supreme Court on Monday (30th October) held that a second petition under Section 482 Criminal Procedure Code, 1973 on grounds that were available for challenge even at the time of filing of the first petition would not be maintainable.A bench of Justice C T Ravikumar and Justice Sanjay Kumar observed that even though there is no absolute bar on a second petition under S. 482, such a...
If Trial Is Delayed For No Fault Of Accused, Courts Must Consider Grant Of Bail: Supreme Court
Detention or jail before being pronounced guilty of an offence should not become punishment without trial, said the Supreme Court in the judgment refusing bail to former Delhi Deputy Chief Minister Manish Sisodia in the Delhi liquor policy scam case. The Court in its judgment has emphasised that the right to speedy trial is a fundamental right within the scope of Article 21 of the...
Allegation That Liquor Group Paid Rs 100 Crores To Manish Sisodia Debatable; But Few Distributors Made Profits Of Rs 338 Crores: Supreme Court
In the judgment denying bail to former Delhi Deputy Chief Minister Manish Sisodia in relation to the alleged Delhi liquor policy scam, the Supreme Court observed that the allegation of the Central Bureau of Investigation (CBI) and the Directorate of Enforcement (ED) that kickback of Rs.100 crores were received from the liquor group, and used by the associates of Sisodia and other leaders of...
RTI Act Will Become ‘Dead Letter’ : Supreme Court Directs States, Union To Fill Vacancies In Information Commissions
The Supreme Court today (October 30) expressed its dissatisfaction with the failure of States and the Union to fill up the vacancies of Information Commissions across the country. The court directed the Department of Personnel and Training (DoPT) to prepare a chart on the number of vacancies and number of appeals/complaints in all the commissions. Further, it directed the Centre and the States...
Decide Disqualification Petitions Over Shiv Sena Rift By Dec 31; NCP Case By Jan 31 : Supreme Court Directs Maharashtra Speaker
The Supreme Court on Monday (October 30) directed the Maharashtra Legislative Assembly Speaker to decide the disqualification petitions filed in relation to Shiv Sena rift and the Nationalist Congress Party rift by December 31, 2023 and January 31, 2024 respectively.The bench led by Chief Justice of India DY Chandrachud was hearing the writ petitions filed by Sunil Prabhu, member of Shiv...
Supreme Court Denies Bail To Former Delhi Dy CM Manish Sisodia In Delhi Excise Policy Scam Case; Directs To Fast Track Trial
The Supreme Court on Monday (October 30) refused to grant bail to former Delhi Deputy Chief Minister Manish Sisodia who is facing money laundering and corruption charges over alleged irregularities in the framing and implementation of a now-scrapped liquor policy in the national capital. The Aam Aadmi Party (AAP) leader has been in custody since February of this year and is being investigated...
Limitation For Specific Performance Suit Runs From Date When Plaintiff Had Notice Of Refusal When No Date Is Fixed For Performance : Supreme Court
The Supreme Court, while dismissing a suit, arising from an Agreement to Sell (ATS), noted that while the ATS was dated 31.07.1975, the suit was filed by the respondent named Anjuman (now represented through legal heirs) on 01.01.1981. Further, the limitation for filing a suit for specific performance, as per Article 54 of the Schedule to the Limitation Act, 1963 is 3 years ‘from the date...