Filing Incomplete Chargesheet Without Completing Investigation Would Not Extinguish The Right Of Accused To Get Default Bail: Supreme Court

The Supreme Court, on Wednesday, held that without completing an investigation of a case, a chargesheet or prosecution complaint can't be filed by an Investigating Agency only to deprive an accused of his right to default bail under Section 167 of CrPC.A Bench comprising Justice Krishna Murari and Justice CT Ravikumar held the same while considering a criminal writ petition filed by...

Bail Condition | Seeking Pre-Deposit Of Bank Guarantee For Grant Of Bail Is Unsustainable: Supreme Court

The Supreme Court has set aside an order whereby a pre-condition of furnishing bank guarantee was imposed on the accused by the Trial Court and the High Court while granting bail. The Bench has regarded such practice to be unsustainable and bad.The Bench comprising of Justice Krishna Murari and Justice Ahsanuddin Amanullah, while adjudicating an appeal filed in Makhijani Pushpak Harish v...

AIBE Candidate Approaches Supreme Court Claiming That Delay In Declaration Of Results Is Jeopardizing Her Right To Practice As An Advocate

An Advocate has approached the Supreme Court aggrieved by the delay in declaration of results of the 17th All India Bar Examination (AIBE) results by the Bar Council of India (BCI). The 17th AIBE was conducted on 5th February 2023 across India, but despite a lapse of more than 2 and half months, the results are yet to be declared. The delay by the BCI “is jeopardizing the right of...

Negligence By Doctor | Insurer Liable To Reimburse Compensation To Complainant To The Extent Of Its Liability Under The Policy: Supreme Court

The Supreme Court has held that in a case of negligence committed by Doctor, the Insurance Company which covered the Doctor would have to reimburse the compensation to the Complainant to the extent of its liability under the Policy, as against the Doctor concerned.The Bench comprising of Justice A.S. Bopanna and Justice Dipankar Datta, while adjudicating an appeal filed in Nagarmal Modi...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citations 266 - 281) Part 1 [April 1 – 9, 2023]

SUBJECT WISE INDEXAmendmentRetrospective application for Amendment - Amendment by substitution has the effect of wiping the earlier provision from the statute book and replacing it with the amended provision as if the unamended provision never existed - 2015 amendment substituted "belong/belongs" in Section 153C with "pertain/pertains" and hence is amendment by substitution. (Para 10.4)...

Arbitration Agreement In Unstamped Contract Which Is Exigible To Stamp Duty Not Enforceable: Supreme Court Holds By 3:2 Majority

A Constitution Bench of the Supreme Court, on Tuesday, answered the reference, which pertains to the issue - whether the arbitration clause in a contract, which is required to be registered and stamped, but is not registered and stamped, is valid and enforceable.A 5-Judge Bench, comprising Justice K.M. Joseph, Justice Ajay Rastogi, Justice Aniruddha Bose, Justice Hrishikesh Roy and Justice...

CPC | First And Second Appeal Arising Out Of Two Suits With Same Parties & Common Property In Dispute Can't Be Clubbed: Supreme Court

The Supreme Court has made it clear that a first appeal and a second appeal arising out of two proceedings cannot be clubbed and disposed of by a common judgment even though the parties are essentially the same and the property in dispute is common. It observed that considerations to be made in case of a first appeal under Section 96 of the Civil Procedure Code, 1908 (CPC) and that of a...

Unnatural Death Of Wife In Matrimonial Home Within Seven Years Of Marriage In Itself Not Sufficient To Convict Husband For Dowry Death: Supreme Court

Recently, the Supreme Court held that mere death of a wife under unnatural circumstances, in a matrimonial home, within seven years of marriage is not sufficient to convict the husband for dowry death. “Mere death of the deceased being unnatural in the matrimonial home within seven years of marriage will not be sufficient to convict the accused under Section 304B and 498A IPC.”A...

S.17 Registration Act | High Court Cannot Exercise Writ Jurisdiction To Alter Or Amend Registered Lease Deed: Supreme Court

The Supreme Court recently held that when a lease deed is executed after compulsory registration under Section 17 of the Registration Act, 1908, it is nowhere open to be altered or amended even by the High Court in exercise of its jurisdiction under Article 226 of the Constitution.The division bench of Justice Ajay Rastogi and Justice Bela M. Trivedi observed:“…after the transaction...

Supreme Court Quarterly Digest 2023 On BAIL [January To March, 2023]

All those undertrial prisoners and convicts who have been released on emergency parole / interim bail pursuant to the recommendations of the High-Powered Committee in compliance of the orders passed by this Court have to surrender before the concerned prison authorities within 15 days. In Re: Contagion of COVID-19 Virus in Prisons, 2023 LiveLaw (SC) 238Bail & Remand - Supreme Court...

Policy Of Inter-Plant Transfer Of Coal By Coal India A “Change In Law Event” : Supreme Court Grants Relief To Haryana Distribution Companies

On 20.04.2023, the bench of Justices B.R. Gavai and Vikram Nath pronounced Judgment in the matter between Uttar Haryana Bijli Vitran Nigam Limited & Anr. (“Haryana Discoms”) and Adani Power (Mundra) Ltd. (“Adani Power”) wherein it has been held that “Inter Plant Transfer” (“IPT”) of coal qualifies as a Change in Law Event in terms of the Power Purchase Agreements...

Section 27 Evidence Act Statement Not Liable To Be Rejected Merely Because It Was Recorded In A Language Not Known To Accused Through Translator : Supreme Court

The Supreme Court recently held that a confessional statement, which is otherwise admissible in evidence as per Section 27 of the Indian Evidence Act, will not become solely because it was recorded not in the mother tongue of the accused.The Court was dealing with the confessional statement given by a Malayalee accused to the Karnataka police. The police had taken the help of a third party...