Supreme court
Supreme Court Suggests Amendment To Employees Compensation Act To Include 'Adult Widowed Sister' In Definition Of 'Dependent'
The Supreme Court has recommended an amendment to the definition of the word 'dependent' under Employees Compensation Act, 1923. Since, the current definition excludes the 'major widowed sister' from getting benefit as a deceased employee's dependent, the Court asked the Union Government to refer the matter for consideration by the Law Commission of India for suitable amendments in...
Non-Recovery Of Weapons Not Fatal To Prosecution If There's Direct Evidence : Supreme Court Upholds Murder Conviction
The Supreme Court on October 28 upheld the conviction of four persons in a double murder case, rejecting their criminal appeal pending since 2011. The Court held that despite the delay in lodging the FIR and the non-recovery of weapons, the prosecution case rested on direct eyewitness testimony, which was consistent and corroborated by medical evidence establishing that the appellants...
Filing Petition Under NALSA's Free Legal Aid Program Without Convict's Consent Is Misuse Of Process: Supreme Court
The Supreme Court has dismissed a Special Leave Petition (SLP) filed with a delay of 2,298 days by a convict from Punjab, holding that the petition was filed merely under a legal aid programme without the convict's consent, and that such a practice amounts to misuse of process.A Bench of Justice Pankaj Mithal and Justice Prasanna B. Varale was hearing the plea filed on behalf of Kamaljit...
'Evidence Not Clear, There Can't Be Moral Conviction', Supreme Court Acquits Death Row Convict In Child Rape-Murder Case
The Supreme Court recently acquitted a man who was convicted and sentenced to death for an offence of murder and raping of a 4-year-old girl, noting that the accused's extra-judicial confession, which formed the cornerstone of the prosecution's case, was unreliable and insufficient for conviction as it was marred by glaring inconsistencies, coupled with a lack of independent witnesses...
Supreme Court Clarifies Principles Governing Plea Of Demurrer
In a detailed pronouncement, the Supreme Court has crystallised the governing principles on the plea of demurrer - a legal plea that tests the sufficiency of a claim in law without questioning the truth of the facts pleaded. In other words, by taking a plea of demurrer, the other party questions the validity of the legal claim, on the assumption that the facts pleaded are correct. The...
Supreme Court Explains Tests To Determine Urgency To Exempt Pre-Litigation Mediation In Commercial Suits
The Supreme Court held that when deciding a commercial suit involving a request for urgent interim relief in intellectual property infringement cases, the plaintiff's perspective must be duly considered, and courts may dispense with the mandatory pre-institution mediation requirement under Section 12A of the Commercial Courts Act, 2015 (“Act”). “The court is not concerned with the...
S.195A IPC | Police Can Register FIR For Offence Of Threatening Witness; Court's Complaint Not Needed : Supreme Court
The Supreme Court on Tuesday (October 28) ruled that the offense of threatening a witness under Section 195A of the Indian Penal Code (IPC) is a cognizable offense, empowering the police to directly register an FIR and investigate, without waiting for a formal complaint from a court. A bench of Justices Sanjay Kumar and Alok Aradhe set aside the Kerala High Court's decision which held that...
NDPS Disposal Rules Don't Bar Interim Release Of Seized Vehicle To Innocent Owner : Supreme Court
The Supreme Court on Monday (October 27) held that when the owner of a vehicle establishes that it was used for transporting narcotic substances without his knowledge or connivance, he cannot be denied interim custody of the vehicle pending trial. The Court clarified that the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022 (“2022...
Supreme Court Grants Relief To Class IV Employees Of UP Judiciary Who Were Terminated 17 Years Ago
The Supreme Court recently quashed the termination of 4 Class IV employees of the Ambedkar Nagar District Judgeship in Uttar Pradesh, holding that their removal in 2008 for being appointed beyond the notified vacancies was unjustified. A bench of Chief Justice BR Gavai and Justice K Vinod Chandran directed that those who have not yet reached the age of superannuation be reinstated in existing...