Supreme court
Section 149 IPC | Cannot Expect Witness To Speak About Specific Overt Act By Each Accused With Graphic Detail : Supreme Court
The Supreme Court observed that in a case involving 149 of the Indian Penal Code, a witness cannot be expected to speak with graphic detail about the specific overt act that can be attributed to each of the accused.In this case, appellants- accused were concurrently convicted under Section 302 read with Sections 149 and 148 of the Indian Penal Code, 1860. The case of the prosecution is that...
When Does An Order Become A Binding Precedent? Supreme Court Explains
The Supreme Court observed that its brief orders that are meant only for the purpose of closure of the controversy involved in a particular case and with a view to conclude the case, cannot act as a precedent for subsequent cases.The bench of Justices BV Nagarathna and PK Mishra made this observation while dealing with a contention raised in a batch of appeals that the judgment in Bangalore...
Arbitration Award Cannot Be Set Aside On Mere Possibility Of An Alternative View Of Facts Of Interpretation Of Contract : Supreme Court
The Supreme Court observed that Arbitration awards cannot be set aside on mere possibility of an alternative view on facts or interpretation of the contract.The jurisdiction under Section 34 of the Arbitration and Conciliation Act is exercised only to see if the Arbitral Tribunal’s view is perverse or manifestly arbitrary, the bench of CJI DY Chandrachud, Justices PS Narasimha and JB...
When Can One Escape Effects Of A Document Despite Signing It? Supreme Court Explains Plea Of 'Non Est Factum'
In a judgment delivered on Thursday (17 August 2023), the Supreme Court explained the requirements for a successful plea of non est factum.A plea of non est factum is a latin maxim which literally means “it is not the deed". It is a defence available in Contract Law allowing a person to escape the effect of a document which she/he may have executed/signed.The court said that a plea of non...
FIR Is A Public Document U/S74 Evidence Act ; Injured Person's Statement Recorded As FIR Can Be Treated As Dying Declaration : Supreme Court
The Supreme Court held that the First Information Report (FIR) is a public document defined under Section 74 of the Evidence Act.The statement by an injured person recorded as FIR can be treated as a dying declaration and such a statement is admissible under Section 32 of the Indian Evidence Act, the bench of Justices observed while convicting Prabhunath Singh, a former Member of...
'Ensure Public Authorities Follow Mandate Of Section 4 RTI Act' : Supreme Court Directs Central/State Information Commissioners
The Supreme Court directed the Central Information Commission and the State Information Commissions to ensure proper implementation of the mandate of Section 4 of the Right to Information Act."While declaring that all citizens shall have the ‘right to information’ under Section 3 of the Act, the co-relative ‘duty’ in the form of obligation of public authorities is recognized in...
Supreme Court Emphasises Importance Of “Support Persons” For Victims Under POCSO Act; Issues Guidelines
The Supreme Court on Friday(Aug 18), passed an order relating to the appointment of support persons under the POCSO Act and their qualifications. The Court issued directions for framing guidelines on their appointment.It is pertinent to note that POCSO Rules, 2020 define a ‘support person’ as “someone assigned by a child welfare committee to render assistance to a child during the...
"Shabby Trial, Tainted Investigation" : Supreme Court Reverses Acquittal Of Former MP Prabhunath Singh In 1995 Double Murder Case
The Supreme Court on Friday convicted Rashtriya Janata Dal (RJD) leader and former Member of Parliament (MP) Prabhunath Singh in a double murder case of 1995, reversing his acquittal granted by the trial court and confirmed by the Patna High Court. Singh, who was contesting elections as a candidate of the Bihar People's Party (BPP) then, was accused of murdering two persons near a polling...
Supreme Court Reiterates Principles Of Deduction For Development Charges In Land Acquisition Compensation Claims
A Division Bench of the Supreme Court, comprising Justices Bela M. Trivedi and Dipankar Datta, while hearing a bunch of appeals reiterated the established law that while determining the deduction for development charges, the courts should take into consideration important factors including the nature of land, area under acquisition, whether the land is developed or not, if developed to...
Pension | Past Service As Contractual Employee To Be Taken Into Account For Pension: Supreme Court
The Supreme Court recently held that for the purposes of pension, past service as a contractual employee is to be taken into account. The court directed the state of Himachal Pradesh to finish the entire process within 3 months and issue orders fixing pensions for these employees engaged in education and ayurvedic department.The Supreme Court bench comprising Justices S. Ravindra Bhat and...
Election Contest Purely A Statutory Proceeding, Provisions Must Be Strictly Interpreted : Supreme Court
A Division Bench of the Supreme Court, comprising Justices Bela M. Trivedi and S.V.N. Bhatti, while hearing an appeal reiterated the trite position of law that when it comes to the interpretation of statutory provisions relating to election law, jurisprudence on the subject mandates strict construction of the provisions. The Court elucidated: “Election contest is not an action at law or a...
Interest Income Earned On Deposits By Clubs In Banks Which Are Corporate Members Taxable; Principle Of Mutuality Not Applicable: Supreme Court
The Supreme Court has ruled that the interest income earned on fixed deposits (FDs) made by Clubs in the banks which are members of those Clubs has to be treated like any other income from other sources within the meaning of Section 2(24) of Income Tax Act, 1961. The bench of Justices B.V. Nagarathna and Prashant Kumar Mishra said that the principle of mutuality would not apply to interest...