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...

Expeditious Trial Of Terror Attack Cases Necessary : Supreme Court Says Delay In 1996 Lajpat Nagar Blast Case Compromised National Security

The Supreme Court of India, while sentencing to life imprisonment without remission four Jammu and Kashmir Islamic Front (JKIF) militants convicted for their role in the 1996 Lajpat Nagar bomb blast, not only underscored the importance of speedy trials, but also considered the time elapsed since the terror attack as well as the date of conviction as mitigating circumstances in not...

Error Which Has To Be Detected By Long Drawn Process Of Reasoning Is Not An 'Error Apparent On The Face Of Record' For Review : Supreme Court

The Supreme Court observed that an error which is not self-evident and has to be detected by a process of reasoning, can hardly be said to be an error apparent on the face of record.An error on the face of record must be such an error which, mere looking at the record should strike and it should not require any long-drawn process of reasoning on the points where there may conceivably be...

Right Of Forest Inhabitants For Claims Against Eviction To Be Heard By Forest Officer Not Limited To Recogonized Forest Communities : Supreme Court

The Supreme Court observed that the right of forest inhabitants for claims to be heard by Forest Officer is not limited only to certain recognized forest communities."This right to be heard, in our opinion, must be granted to all claiming possession of the subject land, and the substantial right of possession can be granted or denied during the said hearing, by the competent authority, that is...