Supreme court
Section 307 IPC | Conviction For Attempt To Murder Can Be Sustained Even If Injuries To Complainant Were Very Simple In Nature : Supreme Court
The Supreme Court observed that a conviction of an accused under Section 307 IPC (attempt to murder) can be sustained even if the injuries sustained by the complainant were very simple in nature.What is important is an intention coupled with the overt act committed by the appellant/accused, the bench of Justices Bela M. Trivedi and Dipankar Datta said.In this case, the appellant- accused...
Remission Shouldn't Be Denied Solely On Reports Of Presiding Judge Or Police : Supreme Court Lays Down Factors For Premature Release
The Supreme Court recently pronounced a notable judgment explaining the factors which a Government should take into account while deciding to grant remission of sentence to convicts as per Section 432 of the Code of Criminal Procedure.Apart from other considerations (such as the nature of the crime, whether it affected the society at large, the chance of its recurrence etc), the government,...
Supreme Court Criticises Bombay High Court For Not Uploading Reasoned Order Despite One Month's Passage After Pronouncement
UPDATE on Sep 11 - Bombay High Court Informs That Order Was Uploaded; Supreme Court Expresses Disappointment At Counsel's Misleading StatementThe Supreme Court again criticized late uploading of reasoned orders by the High Courts.It is not completely alien to the system where reasoned orders are sometimes to be delivered later on, but that does not mean that such period of later-on can...
Supreme Court Issues Notice On Pleas Challenging Arrest & Summoning Powers Of GST Officials
The Supreme Court on August 25 issued notice in two similar writ petitions filed under Article 32 of the Constitution of India, challenging the constitutional validity of several provisions of the Central Goods and Services Tax Act, 2017 (CGST Act) including Section 69 (i.e., power to arrest), 70(1) (i.e., power to summon persons to give evidence and produce documents). The Court has...
Appointment Can't Be Denied Citing Suppression Of Material Facts When Employer's Query Was Vague : Supreme Court
In a case related to “suppression of material information” about a pending criminal case by a candidate, the Supreme Court highlighted the crucial aspect of specificity when seeking information from candidates during the verification process. It reiterated the principle laid down in Avtar Singh v. Union of India (2016) 8 SCC 471 held that- “For determining suppression or false...
HC's Decision Based On Admitted Documents & Not Disputed Facts: Supreme Court Dismisses Orissa Govt Plea
The Supreme Court recently upheld the judgment by the Orissa High Court in a land dispute involving the Industrial Infrastructure Development Corporation of Orissa (IDCO) and the heirs of a late Surgeon Vice Admiral. The Vice Admiral had filed a writ petition against the State of Orissa and IDCO before the High Court of Orissa. The main ground of challenge against the order of the High Court...
Execution Petition Can't Be Dismissed As Inexecutable Merely Because Property's Possession Is Lost To Third Party : Supreme Court
The Supreme Court has ruled that the Executing Court cannot dismiss an execution petition by treating the decree for possession as inexecutable, merely on the basis that the property has been lost to a third party/encroacher.“If this is allowed to happen, every judgment-debtor who is in possession of the immoveable property till the decree is passed, shall hand over possession to a third...
'Best Of Times, Worst Of Times': Justice Deepak Gupta Discusses Supreme Court Judgments Which Expanded & Restricted Fundamental Rights In Last Decade
Former Supreme Court Judge, Justice Deepak Gupta delivered a lecture on the topic "Development of Fundamental Rights Jurisprudence in Last 10 years" as part of LiveLaw's 10th anniversary lecture series. This was the 2nd lecture of the series, which was inaugurated by former Chief Justice of India UU Lalit on July 3. Justice Gupta, delivered a comprehensive lecture shedding light on...
Doctrine Of Harmonious Construction - Ambiguous Clauses In Deed Must Be Interpreted Consistent With Other Clauses & With Intent Of Parties : Supreme Court
The Supreme Court recently applied the doctrine of harmonious construction in a case related to ambiguity in consent terms between parties recorded by the High Court in relation to an award in a land acquisition matter."As per the rules of doctrine of harmonious construction, the document has to be read as a whole and in its totality. If there is any ambiguity either patent or latent, in any...
Retired Employees Can't Claim Benefit Of Subsequent Govt Decision To Increase Retirement Age : Supreme Court
The Supreme Court has dismissed a petition filed by a group of teachers in Homeopathic Medical Colleges in Kerala seeking increase of their retirement age from 55 years to 60 years at par with the teachers of other Medical Colleges.The appellants approached the Supreme Court in 2010 challenging the refusal of the Kerala High Court to grant them relief. While the appeal was pending in the...
Chargesheet Filed In A Language Which The Accused Does Not Understand Is Not Illegal; Translation Can Be Given : Supreme Court
The Supreme Court held that a charge sheet filed in a language other than the language of the Court or the language which the accused does not understand is not illegal.The bench of Justices Abhay S Oka and Rajesh Bindal observed that if both the accused and his advocate are not conversant with the language in which the charge sheet has been filed, the Courts...
'Age-Old Principle "Where Women Are Respected, Gods Live There" Would Recede To Background' : Supreme Court Cancels Bail To Gang-Rape Accused
A Division Bench of the Supreme Court, while allowing an appeal challenging the grant of bail to accused in a gang rape case, observed:“The offence alleged in the instant case is heinous and would be onslaught on the dignity of the womanhood and the age old principle of यत ननायर्यस्तत पपूज्यन्तत रमन्तत तत...