S.319 Cr PC| Person Not Named In FIR Can Be Added As Accused If There's Sufficient Evidence Of His Involvement : Supreme Court

The Supreme Court recently upheld an order of Allahabad High Court which dismissed an appeal filed by a person, who was not named in the FIR, under Section 14A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against a summoning order to face the trial passed by a Special Court in exercise of power its under Section 319 of CrPC, on the ground that the...

Will(Before Death Of Testator) Or General Power Of Attorney(GPA) Cannot Confer Title In Immovable Property : Supreme Court

The Supreme Court has held that a Will or General Power of Attorney (“GPA”) cannot be recognized as title documents or documents conferring right in any immovable property. It has been further held that the non-execution of any document by the GPA holder consequent to it, renders the said GPA useless.The Bench comprising of Justice Dipankar Datta and Justice Pankaj Mithal, while...

Judicial Review Can't Be Exercised To Re-appreciate Evidence In Departmental Enquiry Proceedings : Supreme Court

The Supreme Court has held that a Constitutional Court, while exercising its power of judicial review, cannot decide the case as if it is the first stage of the case, as if inquiry is still being conducted and inquiry report being prepared. Evidence cannot be reappreciated at the stage of judicial review in a disciplinary proceeding as if conviction in a criminal trial is being re-examined by...

Supreme Court Quashes Departmental Proceedings Against Judicial Officer In Odisha

The Supreme Court recently quashed a charge sheet filed against a retired judicial officer in Odisha who was facing departmental proceedings for alleged irregularities committed in the process of selection of caretakers. The bench comprising Justice Bela Trivedi and Justice Ajay Rastogi further held that the judicial officer was entitled to all retirement benefits.The issue arose when a...

Supreme Court Quarterly Digest On Property Law [January to March,2023]

Adverse inference cannot be drawn against a plaintiff merely because he did not produce his bank passbook. Basavaraj v. Padmavathi, 2023 LiveLaw (SC) 17 : AIR 2023 SC 282 : (2023) 4 SCC 239Code of Civil Procedure, 1908; Order XXI Rule 84, 85 - The deposit of 25% of the amount by the purchaser other than the decree-holder is mandatory and the full amount of the purchase money must be paid...

Supreme Court Sentences NRI Father To 6 Months Imprisonment, Imposes Rs 25 Lakhs Fine Violating Directions To Bring Minor Son To India

The Supreme Court has sentenced a non-resident Indian to six months imprisonment and imposed a fine of Rs 25 lakhs for contempt of court, for failing to bring back his minor son to India in terms of the orders passed by the top court from time to time and the undertaking given by him before the court to this effect.The bench of Justices Sanjay Kishan Kaul and Abhay S. Oka said that the...

Fact That Co-Accused Has Not Surrendered Cannot Be A Ground To Deny Bail : Supreme Court

The Supreme Court recently observed that an accused cannot be denied bail on the sole ground that the co-accused has not surrendered. The Court was considering a bail application filed by an accused who was under custody for offences under the Narcotic Drugs and Psychotropic Substances Act, 1985. It noted that the sole reason which weighed with the High Court for denying bail was that...

Supreme Court Quarterly Digest On Banking Law [Jan-March, 2023]

Adverse inference cannot be drawn against a plaintiff merely because he did not produce his bank passbook. Basavaraj v. Padmavathi, 2023 LiveLaw (SC) 17 : AIR 2023 SC 282 : (2023) 4 SCC 239'Any' means 'All' : Supreme Court says Centre can demonetise all series of bank notes invoking Section 26(2) of RBI Act. Vivek Narayan Sharma v. Union of India, 2023 LiveLaw (SC) 1 : (2023) 3 SCC 1 : (2023)...

Security Furnished By Judgment Debtor In The Form Of A Rented Shop Belonging To A Third Party Cannot Be Accepted : Supreme Court

The Supreme Court has upheld the decision of the Allahabad High Court that the security furnished by the judgment debtor in the form of a rented shop belonging to a third party, of which the surety was a tenant, cannot be accepted as a security in law.The bench of Justices K.M. Joseph and Hrishikesh Roy was considering an appeal against the decision of the High Court who had dismissed the...

Duty To Fill Up Vacancies From Waiting List Does Not Arise In The Absence Of A Rule Mandating It : Supreme Court

“Mere publication of the Additional List does not create any right to be appointed"

Supreme Court Quarterly Digest On Land Laws [January to March 2023]

Land LawsCoal Bearing Areas (Acquisition and Development) Act, 1957; Section 2(d), 11 - The State Government being the original owner can be said to be deemed lessor - The State Government can be said to be the ‘person interested’ in getting the compensation. (Para 5) Mahanadi Coalfields Ltd. v. State of Odisha, 2023 LiveLaw (SC) 51 : AIR 2023 SC 668Coal Bearing Areas (Acquisition...

Failure To Plead Material Facts Concerning Alleged Corrupt Practice Is Fatal To Election Petition: Supreme Court

The Supreme Court has ruled that failure to plead material facts concerning alleged corrupt practice is fatal to the election petition. The top court observed that when allegations of corrupt practice is made against an elected representative in an election petition, the proceedings virtually become quasi-criminal. Further, the outcome of such a petition is very serious, which can oust...