Supreme court
Courts Should Be Sensitive In Cases Of Crimes Against Women, Ensure Criminals Don't Escape On Technicalities: Supreme Court
The Supreme Court recently upheld the conviction of a husband in a case related to the murder of his wife and domestic cruelty against her. It reiterated the crucial role that courts play in ensuring justice, especially in cases involving crimes against women. The Court issued a reminder for courts to adopt a practical perspective when evaluating evidence. It underscored the importance...
Will Can't Be Presumed To Be Valid Merely Because It Is Registered : Supreme Court
The Supreme Court on Friday (06.10.2023) held that mere registration would not sanctify a document by attaching to it an irrebuttable presumption of genuineness.The Apex Court was considering a property dispute, in which the validity and legality of a Will was called into question. The matter had reached the Apex Court after a series of appeals. The Trial Court had held that valid execution...
Supreme Court Issues Notice In PIL Seeking For Free Treatment For Children With Muscular Dystrophy
The Supreme Court on Friday (06.10.2023) issued notice in a petition seeking to commence a national programme for treatment of children with muscular dystrophy. The petition further sought for the formulation of a standard policy for issuing unique ID cards to patients of muscular dystrophy to enable them to get free treatment at any government or private hospital. A bench comprising CJI...
Principles Of Applying Section 106 Of Evidence Act : Supreme Court Explains
The Supreme Court recently held that Section 106 of the Evidence Act does not inherently impose a burden on the accused but comes into play when the accused fails to provide any explanation regarding facts that should be within their knowledge, facts that could support theories compatible with their innocence.The Court observed, “We consider the true rule to be that Section 106 does not...
Magistrate Can Dismiss Defamation Complaint By Applying Exceptions Under S.499 IPC Before Issuing Summons To Accused: Supreme Court
The Supreme Court on Thursday (05.10.2023) held that a Magistrate can dismiss a defamation complaint by applying the exceptions under section 499 of the Indian Penal Code, 1860 even before even summoning the accused.“..nothing prevents the Magistrate upon application of judicial mind to accord the benefit of such Exception to prevent a frivolous complaint from triggering an unnecessary...
Theft Coverage Denied Saying Gold Wasn't Kept In 'Locked Safe' : Supreme Court Says Insurance Claim Can't Be Rejected Based On Ambiguous Term
Recently, the Supreme Court, while hearing an appeal, noted that the claim arising out of an insurance policy cannot be repudiated on the basis of a term, mentioned in the policy, which itself is ambiguous.A Division Bench, comprising Justices Hima Kohli and P.S. Narasimha, observed that the insurance policy itself does not define the word “locked safe” nor does it define what should be...
State Government's Power To Delegate Investigation Into Offenses Under SC/ST Act Cannot Be Curtailed By Rules: Supreme Court
The Supreme Court recently held that Section 9(1)(b) of the SC/ST Act grants State Governments the power to delegate the authority to arrest, investigate, and prosecute offenders. This delegation of power, as emphasized by the Court, is a vital aspect of the Act and should not be curtailed by any rules framed under Section 23 of the SC/ST Act.It is pertinent to note Section 9 of the...
S. 50 NDPS Act Not Applicable To Recovery From Bag Carried By A Person: Supreme Court
The Supreme Court recently reiterated that the conditions for personal search as specified in Section 50 of the Narcotic Drugs and Psychotropic Substances Act are applicable only for the search of the physical body of the person and not for the search of any bag carried by the person.At the same time, the Court acknowledged that confining the applicability of Section 50 NDPS Act only to...
JJ Act | 'May' In S. 19(1) Be Read As 'Shall'; Children's Court Must Hold Inquiry On Whether Child Should Be Tried As Adult: Supreme Court
The Supreme Court recently held that compliance with Section 19(1) subclause (i) of the Juvenile Justice (Care and Protection of Children) Act, 2015 which requires the Children’s Court to hold an inquiry as to whether the alleged offender is to be tried as a child or an adult is not a mere formality.In this regard, the Court also said that the use of the word 'may' used in Clause (ii)...
Karta Of Hindu Undivided Family Can Alienate HUF Property Even If Minor Has Undivided Interest In It : Supreme Court
The Supreme Court has observed that a Karta of a Hindu Undivided Family(HUF) has the right to sell/dispose of/alienate an Hindu Undivided Family (HUF) property, even if a minor of the family has undivided interest.The reason is that an HUF is capable of acting through its Karta or an adult member of the family in the management of the HUF property, explained the Court. Reference was made to...
'Contraband Recovered In Violation Of Section 50 NDPS Act Inadmissible' : Supreme Court Summarises Principles For Search Of Persons
In a landmark judgment, the Supreme Court has summarized the principles related to Sections 50 of the Narcotic Drugs and Psychotropic Substances Act, which prescrib the conditions under which search of the persons shall be conducted.A bench comprising Justices MM Sundresh and JB Pardiwala(author of the judgment) summarised the principles as follows :(i) Section 50 provides both a right as well...