Supreme Court Weekly Digest With Subject /Statute Wise Index [February 12 to 18]

Administrative LawRecruitment - Reserved Female Category - Non-Creamy Layer (NCL) - The Appellant i.e., a candidate who was scrupulously following the terms and conditions of the Impugned Advertisement was constrained to apply under the 'Open General Category' only on account of certain logistical limitations preventing her from obtaining a valid NCL Certificate. Held, the Appellant cannot be unfairly deprived of the benefit of female reservation merely on account of the Appellant's honesty and restraint which did not allow her to mark 'yes' against a column inquiring about a prospective candidates' status as a person belonging to the NCL, in the absence of the underlying supporting document. (Para 16 & 17) Priyanka Prakash Kulkarni v. Maharashtra Public Service Commission, 2024 LiveLaw (SC) 107 : 2024 INSC 98Acquittal Appeal from acquittal – Principles of deciding – Appreciation of evidence is the core element of a criminal trial and such appreciation must be comprehensive i.e. inclusive of all evidence, oral or documentary. Partial or selective appreciation of evidence may result in a miscarriage of justice and is in itself a ground of challenge. If the Court, after appreciation of evidence, finds that two views are possible, the one in favour of the accused shall ordinarily be followed. If the view of the Trial Court is a legally plausible view, mere possibility of a contrary view shall not justify the reversal of acquittal. If the appellate Court is inclined to reverse the acquittal in appeal on a re-appreciation of evidence, it must specifically address all the reasons given by the Trial Court for acquittal and must cover all the facts. In a case of reversal from acquittal to conviction, the appellate Court must demonstrate an illegality, perversity or error of law or fact in the decision of the Trial Court. (Para 36) Mallappa v. State of Karnataka, 2024 LiveLaw (SC) 115 : 2024 INSC 104Reversing the order of acquittal into conviction – The High Court had erred in reversing the decision of acquittal, without arriving at any finding of illegality or perversity or error in the reasoning of the Trial Court. Setting aside an order of acquittal, which signifies a stronger presumption of innocence, on a mere change of opinion is not permissible. A low standard for turning an acquittal into conviction would be fraught with the danger of failure of justice. In reversing the order of acquittal, what is required is an illegality or perversity in order of trial court. (Para 34 & 39) Mallappa v. State of Karnataka, 2024 LiveLaw (SC) 115 : 2024 INSC 104Adverse PossessionThe person who claims adverse possession must show the following: (a) on what date he came into possession; (b) what was the nature of his possession; (c) whether the factum of possession was known to the other party; (d) how long his possession has continued; and (e) his possession was open and undisturbed. (Para 20) Vasantha v. Rajalakshmi @ Rajam, 2024 LiveLaw (SC) 117 : 2024 INSC 109Banking LawA bank cannot be held responsible for illegal activities carried out by the borrower in mortgaged premises. Punjab National Bank v. Govt of NCT of Delhi, 2024 LiveLaw (SC) 127Code of Criminal Procedure, 1973Code of Criminal Procedure, 1973; Sections 61, 70, 204, 437 - An accused cannot be taken into custody when he voluntarily surrenders before the Court even though the Court which has taken cognizance of the chargesheet has not issued a summoning order against him. Bail application filed by such an accused, who voluntarily surrendered even in the absence of a summoning order, cannot be entertained. (Para 10) Souvik Bhattacharya v. Enforcement Directorate, Kolkata Zonal Office - II, 2024 LiveLaw (SC) 122Code of Criminal Procedure, 1973; Section 173(8) - Protest Petition - An application seeking further investigation can be treated as a protest petition if the application prima facie establishes the commission of the offences, and such an application can't be technically rejected because procedural recourse of filing a protest petition is not followed. Although the proper course for the complainant would have been to file a protest petition instead of filing it under Section 173(8) for further investigation, a petition should not be rejected merely because it is filed under the wrong caption. XXX v. State, 2024 LiveLaw (SC) 110Code of Criminal Procedure, 1973; Section 438 – Anticipatory bail granted on the condition is totally alien to the principles governing bail jurisprudence and is nothing short of perversity. State v. B. Ramu, 2024 LiveLaw (SC) 128 : 2024 INSC 114Code of Criminal Procedure, 1973; Section 482 - High Court could not have stayed the investigations and restrained the investigating agencies from investigating cognizable offences as alleged in the FIRs and the Enforcement Case Information Report (ECIR), particularly when the investigations were at a very nascent stage. The inherent powers under Section 482 of Cr.PC do not confer any arbitrary ...

Supreme Court Weekly Digest With Subject /Statute Wise Index [February 12 to 18]

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