S. 27 Evidence Act | Discovery Can't Be Proved Against Person If He Wasn't Accused Of Any Offence & Wasn't In Custody Of Police At The Time Of Confession: Supreme Court

The Supreme Court has held that for a confession made to the police to be admissible under Section 27 of the Evidence Act, two essential conditions must be met: the individual must be 'accused of any offence,' and they must be in 'police custody' at the time the confession is made.The Court firmly held that "being in 'the custody of a police officer and being 'accused of an offense'...

Supreme Court Directs Manipur Bar Associations To Not Prevent Lawyers Of Any Community From Appearing Before Courts; Warns Of Contempt Action

The Supreme Court on Monday directed the Bar Associations in Manipur to not prevent any lawyer, regardless of their community, to appear before the courts. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra clarified that the direction was not passed on any complaint but merely to caution all lawyers to ensure that access to justice is not prevented. The...

Supreme Court Refuses To Interfere With HC Order Allowing Delhi University To Use CLAT Score For 5 Yr LLB Admissions In 2023-24

The Supreme Court on Monday(September 25) refused to interfere with the interim order passed by the Delhi High Court allowing the University of Delhi to admit students in the 5 year LL.B course of its Faculty of Law on the basis of the Common Law Admission Test (CLAT).Noting that the classes have already commenced, a bench led by Chief Justice of India DY Chandrachud dismissed the special...

NEET-PG : Supreme Court Dismisses Plea Challenging Reduction Of NEET-PG 2023 Qualifying Percentile To Zero

The Supreme Court on Monday (September 25) dismissed a petition challenging the decision of the Union Government to reduce the cut-off for post-graduate medical college admissions through NEET-PG 2023 exam as zero percentile.A bench comprising Chief Justice of India DY Chandrachud, Justice Manoj Misra and Justice JB Pardiwala dismissed a PIL filed by a lawyer challenging the decision. Though...

Supreme Court Weekly Round-Up (18-24th September)

Supreme Court Comes To Rescue Of Party Who Filed Cheque Bounce Case In Wrong Court After Noting He Got Incorrect Legal AdviceCase title: Bijoy Shankar Mishra v. State of JharkhandCitation: 2023 LiveLaw (SC) 798In a notable case, the Supreme Court recently gave relief to a party whose complaint for cheque dishonour was dismissed by the Magistrate at the final hearing stage on the ground of lack...

In A First, Sign Language Interpreter Appears In Supreme Court For Deaf Lawyer; Sparks Conversations On Accessibility

On a seemingly ordinary morning on September 22 (Friday), the Supreme Court of India had a surprise in store for all those tuned into its virtual proceedings. A small window popped up on the screen, displaying a man intently interpreting court proceedings in sign language. The presence of the Indian Sign Language (ISL) interpreter, Saurav Roychowdhury, was arranged by Advocate on Record...

Blanket Exclusion Of Certain Offences From State's Remission Policy Is Arbitrary, Against Ideals Of Reformation: Supreme Court

The Supreme Court recently, while ordering the release of a convict who had spent more than 26 years in jail, raised concerns over the recent government order issued by the State of Kerala on June 4, 2022, pertaining to the premature release of convicts. While this order was not directly challenged in the case at hand, the Court deemed it necessary to comment on it and issue a note of...

In Second Appeal, High Court Must Frame Substantial Question Of Law At Admission Stage Itself Ordinarily: Supreme Court

The Supreme Court on Thursday (21.09.2023)held that High Courts while exercising their jurisdiction of Second Appeal under Section 100 of the Code of Civil Procedure, 1908 should ordinarily frame substantial questions at the stage of admission. However, if it is framed at a later stage, the Court must give parties adequate time to meet and address them before deciding the appeal. A bench...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index- [August 14 – 20, 2023]

Citations: 2023 LiveLaw (SC) 639 To 2023 LiveLaw (SC) 679SUBJECT WISE INDEXAllotment of PlotsAllotment of Plots - E-auction - When the HSIIDC as the authority deciding to allot industrial plots had laid down a particular procedure which will ensure fairness and transparency amongst the participants, they cannot depart from the notified process particularly when there was no technical...

Enforcement Officer Competent To File Complaint Under Repealed Provisions Of FERA During Sunset Period Of 2 Years After Enforcement Of FEMA: Supreme Court

The Supreme Court has ruled that the Enforcement Officer appointed and authorised under the repealed provisions of the Foreign Exchange Regulation Act, 1973 (FERA), will continue to have the authority and competence to file a complaint for the offences punishable under the Act before the expiry of the sunset period of 2 years provided under Section 49(3) of the Foreign Exchange Management...

PC Act | Once It Is Proved Public Servant Received Gratification Beyond Legal Remuneration, Statutory Presumption Operates : Supreme Court

The Court also held that the death of the complainant is not fatal to the case as corruption allegations can be proved through other evidence

Judge Aspirants Get Relief; Supreme Court Sets Aside BPSC's Rejection Of Candidates For Not Producing Original Certificates

The Supreme Court on Friday (September 22) granted relief to three judicial service aspirants from Bihar whose candidatures were rejected by the Bihar Public Service Commission(BPSC) due to non-production of original certificates at the time of interview. Holding that production of original certificates was not a mandatory condition, the Court directed that the said candidates be accommodated...