Ballistic Expert's Evidence Important In Cases Of Murder Caused By Firearms: Supreme Court

The Supreme Court observed that, in cases where injuries are caused by firearms, the failure to examine Ballistic Expert would be a glaring defect when the prosecution case is based on circumstantial evidence.In this case, the High Court of Punjab and Haryana, had upheld the conviction of the accused in a murder case. The conviction based on on the last seen theory and the...

Supreme Court Invalidates Extensions Of ED Director SK Mishra's Term; Permits Him To Continue Till July 31

The Supreme Court on Tuesday held as illegal the extension given to the term of Enforcement Directorate chief SK Mishra for violating the mandate of the Supreme Court's 2021 judgment in the Common Cause case that he should not be given further extension. However, the Court allowed him to continue in his post till July 31, 2023, taking into consideration the concerns expressed by the...

Supreme Court 'Shocked' To See Lawyer Filing Article 32 Petition Against State To Recover Legal Fees

On Monday, while disposing of a writ petition filed by a former Additional Advocate General of the State of Uttar Pradesh seeking writ of mandamus against the State Government to clear the bills of his outstanding fees, the Supreme Court expressed doubt whether such a petition can be entertained in exercise of jurisdiction under Article 32 of the Constitution of India, especially when...

Supreme Court Weekly Roundup [July 1-9]

Supreme Court Grants Interim Protection To Teesta Setalvad For 7 Days ; Stays HC Order After Special Night SittingCase title- Teesta Atul Setalvad vs State of Gujarat Citation-SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 25725/2023The Supreme Court at a special sitting on Saturday night granted interim relief to social activist Teesta Setalvad in connection with an FIR lodged against her...

Top Quotes From Top Court : From Supreme Court Judgments [July 3-7]

Disquieting trend of criminal cases for cheating being converted into recovery proceedings "A disquieting trend emerging over the years which has gained pace in recent times necessitates this opinion. It has been found by us in multiple cases in the past several months that upon First Information Reports being lodged inter alia under section 420 of the Indian Penal Code, 1860 (“the...

Manufacturing Defect In Car : Supreme Court Directs Ford India To Pay Rs 42 lakhs To Owner Of Ford Titanium Endeavour

The Supreme Court recently directed Ford India Ltd. to pay Rs. 42 lakhs as compensation to a consumer who purchased a car which had manufacturing defects. The issue related to a Ford Titanium Endeavour 3.4L owned by the consumer.The owner had filed a consumer complaint before the Punjab State Consumer Commission pointing out various defects, including oil leakage from the very beginning...

Anticipatory Bail - Personal Liberty Important, But Courts Must Also Consider Gravity Of Offence & Impact On Society : Supreme Court

The Supreme Court observed that, while dealing with anticipatory bail applications, courts must also consider the gravity of the offence, the impact on society, and the need for a fair and free investigation.While it is extremely important to protect the personal liberty of a person, it is equally incumbent to analyze the seriousness of the offence and determine if there is a need ...

Magistrate's Order Under Section 14 SARFAESI Act Cannot Be Quashed By High Court U/S 482 CrPC : Supreme Court

The Supreme Court on Thursday held that a High Court cannot quash an order passed by a Magistrate under Section 14 of the SARFAESI Act, in exercise of its powers under Section 482 CrPC.A division bench of Justice AS Bopanna and MM Sundresh was considering a challenge to an order of the Madras High Court that had quashed an order under Section 14 of the Securitisation and Reconstruction...

Self-Assessment Of Assessee Not Rendered Malafide Merely Because It Was Based On A CETSTAT View Which Was Later Overturned : Supreme Court

The Supreme Court has upheld the decision of the Ahmedabad bench of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT) by holding the demand for differential excise duty raised against the assessee, M/s Reliance Industries Ltd, as time barred.The court dismissed the contention that Reliance had deliberately suppressed and withheld material information and documents from...

National Highways Authority Act - Dispute On Apportionment Of Compensation Can Only Be Determined By 'Principal Civil Court Of Original Jurisdiction' : Supreme Court

The Supreme Court observed that only the Principal Civil Court of original jurisdiction can determine the dispute arising as to the apportionment of the amount of compensation under National Highways Authority Act, 1956.There is a fine distinction between determining the amount to be paid towards compensation and the apportionment of...

Attempt To Culpable Homicide | Conviction Under Section 308 IPC Not Sustainable If Accused Had No Intention Or Knowledge To Cause Death : Supreme Court

The Supreme Court on Wednesday modified the conviction under Section 308 (Attempt to commit culpable homicide) imposed on a bus conductor, for allegedly ringing the bell which was a signal to the driver to start the vehicle due to which the victim fell down and sustained injuries, to conviction under Section 338 (Causing grievous hurt by act endangering life or personal safety of others) of...

Medical Insurance | Once Insurer Accepts That Concealment Of Disease Was Not Material, Reimbursement & Renewal Can't Be Refused : Supreme Court

The Supreme Court on Tuesday held that once there is a valid insurance policy in favour of a person, the claim for reimbursement of the expenses incurred must be paid. It also observed that once the insurance company has accepted that concealment of a disease at the time of purchasing the policy was not material as it was not related to the disease that caused death, it cannot later...