Bilkis Bano Case | Gujarat Govt 'Acted In Tandem' With Convict, Breached Rule Of Law, Usurped Power : Supreme Court

While setting aside the remission of 11 convicts in the Bilkis Bano case, the Supreme Court on Monday (January 8) slammed the Gujarat government for acting in tandem with the convict who had moved the top court seeking a direction for the consideration of his premature release application. In response to the convicts writ petition, the court had in May 2022 held the State of Gujarat to be...

Supreme Court Sets Aside Remission Of 11 Convicts In Bilkis Bano Case; Asks Them To Surrender In Prison

In a highly anticipated judgment, the Supreme Court on Monday (January 8) set aside the remission of 11 convicts sentenced to life imprisonment for multiple murders and gang rapes, including that of Bilkis Bano, during the 2002 communal riots in Gujarat.The court held that the State of Gujarat was not the "appropriate government" to decide the issue of remission as the trial was held in the...

Bilkis Banu Case-Supreme Court Judgement On Petitions Against Remission Of 11 Convicts-LIVE UPDATES

Supreme Court bench headed by Justice BV Nagarathna will pronounce the judgement TODAY on petitions challenging the remission of 11 convicts sentenced to life imprisonment for multiple murders and gang rapes, including that of Bilkis Bano, during the 2002 communal riots in Gujarat. These convicts were allowed to walk free in August 2022, on Independence Day, sparking widespread controversy...

Supreme Court Annual Digest 2023- Indian Evidence Act, 1872

AbscondingEffects of Absconding - Mere absconding by itself cannot constitute a sole factor to convict a person. It may be because an accused may abscond as he might fear an illegal arrest. (Para 25) 2023 LiveLaw (SC) 889 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) 2023...

Supreme Court Weekly Round-Up (2nd- 6th January, 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 a...

Notice Under S.138 NI Act Invalid If Omnibus Demand Is Made Without Specifying Cheque Amount : Supreme Court

Finding the demand raised in a notice issued under Section 138 of the Negotiable Instruments Act, 1881, to be omnibus in nature, the Supreme Court quashed a criminal case for the dishonour of a cheque. The appellant-notice holder filed a petition before the Delhi High Court for quashing of summoning order passed by Magistrate taking a plea that the notice has made out an omnibus demand...

Decide On Invoking Delimitation Act To Ensure Proportionate Representation For SCs/STs In Legislature : Supreme Court Directs Centre

In a judgment delivered last November, the Supreme Court declined to pass directions to provide proportionate representation for the Scheduled Tribes (STs) in Lok Sabha and Legislative Assemblies of States of West Bengal (WB) and Sikkim, observing that it was a matter requiring amendments to the Representation of Peoples Act.Noting that the reservation schedules in the Representation of...

'Yawning Gap In Evidence' : Supreme Court Finds Conviction Wrong In 2004 Murder Case; Sets Aside Concurrent Findings Of HC & Trial Court

The Supreme Court has observed that when the prosecution case is solely based on the circumstantial evidence, then the courts must be vigilant while examining the facts proving the circumstantial evidence i.e., it must be consistent with the hypothesis of the guilt of the accused and should be free from doubts, improbabilities and inconsistencies. Reversing the concurrent findings of the...

Appellate Court Should Give Benefit Of Doubt To Accused If A View Different From Trial Court's View Is Possible : Supreme Court

The Supreme Court has observed that an appellate court should give the benefit of doubt to the accused persons if the evidence on record indicates the prosecution has failed to prove the guilt of the accused beyond reasonable doubt and that a plausible view, different from the one expressed by the courts below can be taken.Reversing the concurrent findings of guilt entered by the trial court...

Insurance Policy Effective From Date Of Issuance, Not From Date Of Proposal Or Date Of Issuance Of Receipt: Supreme Court

In the context of insurance protection, the Supreme Court held that the policy issuance date would be the relevant date for all purposes.The issue before the Court was what would be the date from which the policy becomes effective; whether it would be the date on which the policy is issued or the date of the commencement mentioned in the policy, or it would be the date of the issuance of...

No Case Of Rape By False promise Of Marriage When Marriage Was Solemnised Ultimately: Supreme Court

The Supreme Court (on January 03), while quashing a criminal case against the accused-appellant for raping a 25-year-old woman on the pretext of marriage, held that there was a consensual relationship that culminated into marriage. Thus, the Court did not find any basis for the allegation that the physical relationship was due to the false promise of marriage as, ultimately, the marriage...

Tenant Can't Claim Adverse Possession Against Landlord; Tenancy Is Permissive Possession : Supreme Court

The Supreme Court observed that tenants cannot claim claim adverse possession against their landlords, since their possession is permissive in nature.A bench comprising Justices Vikram Nath and Rajesh Bindal was deciding an appeal filed by a plaintiff challenging a judgment of the Allahabad High Court which dismissed the suit for ownership/possession as time-barred.The plaintiff claimed...