S 27 Evidence Act | Disclosure Statements Cannot Be Sole Basis For Conviction : Supreme Court

The Supreme Court observed that disclosure statements cannot be the sole basis for conviction in a criminal case."Although disclosure statements hold significance as a contributing factor in unriddling a case, in our opinion, they are not so strong a piece of evidence sufficient on its own and without anything more to bring home the charges beyond reasonable doubt.", the bench of Justice...

Abkari Act- Person Receiving Information Of Crime Or Detecting The Occurrence Can Investigate It: Supreme Court

While upholding a conviction under the Kerala Abkari Act, the Supreme Court observed that the testimonies of official witnesses can not be discarded simply because independent witnesses were not examined."The person receiving the information of the crime or detecting the occurrence thereof, can investigate the same", the bench of Justices Abhay S Oka and Sanjay Karol observed.In this case,...

Supreme Court Half Yearly Bail Digest 2023

Accused cannot be denied bail on the sole ground that the co-accused has not surrendered. Sebil Elanjimpally v. State of Odisha, 2023 LiveLaw (SC) 474 : 2023 INSC 557Accused not entitled to default bail when first extension (passed in absence of accused) wasn't challenged & second extension was passed in his presence. Qamar Ghani Usmani v. State of Gujarat, 2023 LiveLaw (SC) 297 : AIR 2023...

'Gun Firing Incidents In Courts Deeply Disturbing' : Supreme Court Issues Slew Of Directions For Security In Courts

The Supreme Court on Friday issued a slew of directions to ensure safety within court premises in light of the recent incidents of gun firing within court premises in the National Capital, stressing on the need to 'preserve the sanctity of the court'. The Apex Court also said that the recent incidents of violence has 'disturbed it to no end'. A division bench of Justice S Ravindra Bhat...

Essential Ingredients Of Section 504 and 506 Indian Penal Code : Supreme Court Explains

The Supreme Court recently held that for an offence of criminal intimidation to be made out under Section 506 (Punishment For Criminal Intimidation) of the Indian Penal Code,1860 it must be established that the accused had an intention to cause alarm to the complainant.A division bench of Justice B R Gavai and Justice J B Pardiwala observed:"A bare perusal of Section 506 of the IPC makes...

Advocate Didn't Disclose That His Wife Was Opposite Party In Client's Case : Supreme Court Upholds BCI Penalty

The Supreme Court recently upheld the decision of the Bar Council of India to suspend the license of an advocate found guilty of professional misconduct. It was based on the findings in an inquiry by Maharashtra and Goa Bar Council that the advocate did not disclose that his wife was the opposite party in the property dispute case taken up by him.The Supreme court bench comprising Justices...

'Publicity Litigation' : Supreme Court Refuses To Entertain Plea Against Opposition Parties Calling Their Alliance 'INDIA'

The Supreme Court on Friday refused to entertain a PIL seeking to stop 26 opposition political parties from using 'the acronym “I.N.D.I.A" (Indian National Democratic Inclusive Alliance) as name of their alliance for the campaigning and advertisements, in the upcoming 2024 general Lok Sabha elections.A Bench comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia observed that the...

NHRC Was Not Right In Seeking To Supervise West Bengal Panchayat Polls; Conduct Of Elections SEC's Sole Responsibility : Supreme Court

The Supreme Court on Friday dismissed a petition filed by the National Human Rights Commission challenging the Calcutta High Court's judgment which set aside the NHRC's decision to appoint its observers for the panchayat elections in the State of West Bengal.On June 23, a single bench of the Calcutta High Court had set aside the NHRC direction and this was further affirmed by a division bench...

Supreme Court Grants Bail To Former Maharashtra Minister Nawab Malik On Medical Grounds For Two Months

The Supreme Court on Friday granted bail to former Maharashtra Minister and NCP MLA Nawab Malik on medical grounds in money laundering case for two months. The interim order was passed by a division bench of Justice Aniruddha Bose and Justice Bela M. Trivedi.Solicitor General Tushar Mehta appearing for the Enforcement Directorate did not object to grant of bail on medical grounds....

Plea Against Boycott Calls | Supreme Court Says Hate Speech Problem Must End; Moots Plan to Direct Police Chief to Form District-Level Committees

The Supreme Court on Friday permitted petitioners, who are seeking action against certain calls made for the social and economic boycott of Muslims, to approach the nodal police officers appointed in terms of the 2018 judgment dealing with mob violence crimes.During the hearing, expressing anguish at the unabated problem of hate speech, the Court orally said that the problem has to be solved...

When Accused Seeks To Quash FIR On Ground That It's Based On Personal Vengeance, Attendant Circumstances Must Be Looked Into : Supreme Court

The Supreme Court, on Tuesday, while quashing a criminal FIR, made imperative observations. It observed that in cases where the quashing of FIR is sought, essentially on the ground that the proceedings are based on ulterior motive for wreaking personal vengeance, “then in such circumstances the Court owes a duty to look into the FIR with care and a little more closely.” The Court...

Supreme Court Summarises Principles On Adverse Possession

Supreme Court, in its recent decision of Government of Kerala & Anr. V. Joseph and Others discussed several principles concerning the adverse possession.At the outset the Court observed, “Possession must be open, clear, continuous, and hostile to the claim or possession of the other party; all three classic requirements must coexist- nec vi, i.e., adequate in continuity; nec clam,...