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...

Rules Of Business Not Violated By State, When Actions Of Cabinet Committee Are Validated By Council Of Ministers : Supreme Court

The Supreme Court has held that when the Cabinet constitutes a committee and the latter’s actions are validated by the Minister and the rest of the Council, then it cannot be claimed that Rules of Business have not been followed by the State Government in the course of its decision-making process.The Bench comprising of Justice Surya Kant and Justice Vikram Nath, while adjudicating the case...

Supreme Court Shocked To See Police Filing Closure Report In Case Where FIR Was Quashed; Directs To Discontinue Such Practice

"In case of quashing of the criminal proceedings/FIRs by the High Court, there is no question of preparing/filing a closure report under Section 173 CrPC"

Supreme Court Quarterly Digest On ADMINISTRATIVE LAW [Jan – Mar, 2023]

Administrative Tribunals Act 1985 - The relevant State Government has the implied power to issue a request to abolish the SAT in its state to the Union Government. The Union Government in turn has the implied power to rescind the notification by which that SAT was established, thereby abolishing the SAT. (Para 59) Orissa Administrative Tribunal Bar Association v. Union of India, 2023 LiveLaw...

'Specific Show-Cause Notice Necessary Before Imposing Penalty' : Supreme Court Quashes Debarment and Penalty Order Issued by MP DISCOM

The Supreme Court has reiterated the requirement of a specific show-cause notice while quashing and setting aside the debarment and penalty order issued by the Madhya Pradesh Power Distribution Company (DISCOM) against a tenderee who was awarded a contract for supply of transformers by the DISCOM.Noting that the show-cause notice issued by the respondent DISCOM was only about debarment, the...

DISCOMS To Pay ‘Change In Law’ Compensation For All Additional Charges Levied By State Instrumentalities To Power Generating Companies: Supreme Court

The Supreme Court has lamented the practice of Distribution Companies (DISCOMS) and power generating companies pursuing endless litigation challenging the concurrent findings arrived at by the Central Electricity Regulatory Commission (CERC) and the Appellate Tribunal for Electricity (APTEL).The bench of Justices B.R. Gavai and Vikram Nath was hearing cross appeals challenging the judgment...

Transfer Pricing | High Courts Not Precluded From Scrutinising ITAT’s Determination Of Arm’s Length Price : Supreme Court

The Supreme Court has ruled that the High Court is not precluded from considering the determination of the arm’s length price determined by the Income Tax Appellate Tribunal (ITAT), in exercise of its powers under Section 260A of the Income Tax Act, 1961.Dismissing the proposition that in every case where the Tribunal determines the arm’s length price, the same shall attain finality,...

SPECIFIC RELIEF ACT | Party Can't Claim Time Is Essence Of Contract When Specific Performance Of Terms Not Done : Supreme Court

The Supreme Court has held that when specific performance of the terms of the contract has not been done, the question of time being the essence of contract does not arise.The Bench comprising of Justice Krishna Murari and Justice Sanjay Karol, while adjudicating an appeal filed in Gaddipati Divija & Anr v Pathuri Samrajyam & Ors., observed that time would not be of essence in a...

Appellate Court Should Separately Hear Convict On Quantum Of Sentence When Acquittal Is Reversed : Supreme Court

The Supreme Court recently set aside the conviction and order of sentence imposed on two accused persons, passed by Karnataka High Court in a murder case, on the ground that the accused persons were not given an opportunity to be heard on the quantum of sentence as prescribed under Section 235(2) of CrPC.The principle of according opportunity of hearing to the convict before sentencing him...

Supreme Court Deprecates Practice Of Filing Applications In Disposed Of SLPs To Side-Step Arbitration Process

The Supreme Court has reiterated that the courts normally ought not interfere with arbitral proceedings, especially till the time an award is not passed.The top court has deprecated the practice of filing applications in disposed of Special Leave Petitions (SLPs) in order to side-step the arbitration process, adding that the said applications must not be entertained by the court.The bench...

For Interpreting Section 121 Of Punjab Land Revenue Act, Analogy Can Be Drawn From Order XX Rule 18 Of CPC: Supreme Court

The Supreme Court has held that for the purpose of interpreting Section 121 of the Land Revenue Act, the Court can safely draw an analogy from the provisions contained in Order XX, Rule 18 C.P.C. which pertain to the procedure to be followed on the passing of the decree for the partition of the propertyThe Bench comprising of Justice Ajay Rastogi and Justice Bela M.Trivedi, while adjudicating...

Beneficiary Of Waqf, Not Being Trustee Or Co-Owner, Can Claim Title Of Waqf Property By Adverse Possession: Supreme Court

In a significant judgement, the Supreme Court recently clarified that a beneficiary of a waqf, being neither a trustee nor a co-owner of waqf property, can acquire title through adverse possession even if it is the property of the waqf.A Bench of Justices KM Joseph and Hrishikesh Roy, while hearing a case relating to the relating to the Waqf Act, 1995 said, “A beneficiary of a waqf,...