Supreme court
2025 LiveLaw (SC) 672 | Nagarajan v State of Tamil Nadu
Click the links below for the reports and the judgment.High Court Cannot Exercise Suo Motu Revision Power To Enhance Sentence In Convict's Appeal : Supreme CourtRight To File Appeal Against Conviction Is Not Mere Statutory Right; Also A Constitutional Right Of Accused : Supreme...
Right To File Appeal Against Conviction Is Not Mere Statutory Right; Also A Constitutional Right Of Accused : Supreme Court
The Supreme Court observed in a recent judgment that the right of an accused to file appeal against conviction is not only a statutory right but also a constitutional right.A bench comprising Justice BV Nagarathna and Justice Satish Chandra Sharma observed :"That a right of appeal is an invaluable right, particularly for an accused who cannot be condemned eternally by a trial judge,...
Right Under Article 19(1)(g) To Carry On Business Under Also Includes Right To Shut Down Business : Supreme Court
The Supreme Court, in a judgment by the two-Judge Bench comprising Justice Sanjay Karol and Justice Prashant Kumar Mishra, clarified that the right under Article 19(1)(g) of the Constitution to carry on any trade or business includes the right to shut down that business. However, this right is not absolute and is subject to reasonable restrictions aimed at protecting workers and...
High Court Cannot Exercise Suo Motu Revision Power To Enhance Sentence In Convict's Appeal : Supreme Court
The Supreme Court held that a High Court cannot suo motu exercise its revisional powers to enhance the sentence while considering an appeal filed by a convict/accused against conviction.The Court stated that the High Court cannot invoke its revisional jurisdiction under Section 401 of the Code of Criminal Procedure (Section 442 of the Bharatiya Nagarik Suraksha Sanhita) when the party who...
Supreme Court Weekly Round-up: May 26, 2025 To June 1, 2025
Reports/JudgmentsProsecution Can Be Allowed To Produce Documents Which Were Omitted To Be Submitted Along With Chargesheet : Supreme CourtCase Details: Sameer Sandhir v. Central Bureau of InvestigationCitation : 2025 LiveLaw (SC) 627The Supreme Court held that a bona fide omission by the prosecution to submit relied-upon documents to the magistrate does not prevent it from producing...
Railways Need To Upgrade Themselves With Technology To Avoid Disputes On Consignment Excess Weight : Supreme Court
The Supreme Court recently observed that the Railways must update themselves with the latest technology to avoid disputes regarding charges for excess weight of cargo consignments.The Court suggested using a mechanism like automatic videography of the loaded weight along with the weight measurement at the time of off-loading, which can save parties from avoidable litigation.A bench...
2025 LiveLaw (SC) 666 | M/s Celestium Financial v A Gnanasekaran
Click the links below for the report and the judgement.Complainant In S.138 NI Act Case Can File Appeal Against Acquittal As 'Victim' Under S.372 Proviso CrPC : Supreme CourtVictims Of Offences Can File Appeal Against Acquittal u/s 372 CrPC Even If They Aren't Complainants: Supreme...
Victims Of Offences Can File Appeal Against Acquittal u/s 372 CrPC Even If They Aren't Complainants: Supreme Court
The Supreme Court has held that "victim" of an offence has the right to file an appeal against the acquittal of the accused as per the proviso to Section 372 of the Code of Criminal Procedure (corresponding to Section 413 of the Bharatiya Nagarik Suraksha Sanhita), irrespective of whether they are the complainant or not.In other words, even if the victims themselves have not filed the...