Supreme Court Weekly Digest With Subject /Statute Wise Index [May 01 to 10]

Citations 2024 LiveLaw (SC) 340 to 2024 LiveLaw (SC) 360BankRecipients of a fixed deposit cannot suffer at the cost of the criminal conduct of the Bank officials and that, in such an event the Bank would be held vicariously liable for the conduct of their employees. Leelawati Devi v. District Cooperative Bank Ltd., 2024 LiveLaw (SC) 346Bar AssociationThe Supreme Court directs minimum 1/3rd women's reservation in Supreme Court Bar Association posts from 2024 elections. Supreme Court Bar Association v. B.D. Kaushik, 2024 LiveLaw (SC) 340Civil AppealApplication for condonation of delay filed by stranger to suit – Held, the approach of the trial court in entertaining an application filed at the behest of a stranger for condonation of delay in filing an application for restoration of the subject suit is totally unsustainable in law and illegal. (Para 9) Vijay Laxman Bhawe v. P and S Nirman Pvt. Ltd, 2024 LiveLaw (SC) 360The appellant was an elected representative. Held, the elected members cannot be removed at the whims and fancies of the civil servants or their political masters only because some of such elected members are found to be inconvenient within the system. The removal of the appellant from the office of Councilor/Vice-President with a further ban on him to contest election for six years is highly excessive and disproportionate to the nature of the so-called misconduct attributed to him. (Para 10, 11, 12) Makarand @ Nandu v. State of Maharashtra, 2024 LiveLaw (SC) 354Code of Civil Procedure, 1908Section 13 – Bar of Res Judicata – Maintainability of suit challenged – Held, the suit is filed with a different set of facts and another set of litigants have raised additional contentions. Therefore, the writ petition should not be dismissed on the ground of res-judicata. (Para 23) Abhimeet Sinha v. High Court of Judicature at Patna, 2024 LiveLaw (SC) 350Code of Criminal Procedure, 1973 Section 161(1) & 162(1) – The statement made by a witness before the police under Section 161(1) Cr.P.C. can be used only for the purpose of contradicting such witness on what he has stated at the trial. The statements under Section 161 Cr.P.C. recorded during the investigation are not substantive pieces of evidence but can be used primarily for the limited purpose: (i) of contradicting such witness by an accused under Section 145 of the Evidence Act; (ii) the contradiction of such witness also by the prosecution but with the leave of the Court; and (iii) the re-examination of the witness if necessary. (Para 63) Anees v. State Govt of NCT, 2024 LiveLaw (SC) 344Section 299 - The statements of the prosecution witness recorded in the absence of the accused can be read as a substantive piece of evidence when the prosecution witness could not be traced out and produced in the witness box for deposition during trial after the accused had been arrested. The statements of the prosecution witness recorded in the absence of the accused under Section 299 of Cr.P.C. (i.e., when an accused person has absconded, and that there is no immediate prospect of arresting him) could be used against the accused after his arrest in the event of non-availability of the prosecution witness. Sukhpal Singh v. NCT of Delhi, 2024 LiveLaw (SC) 359Section 319 – Legality of summon order – Power under Section 319 can only be excercised if evidence against the accused is strong and reliable i.e. much stronger evidence than mere probability of his complicity. The evidence before the trial court should be such that if it goes unrebutted, then it should result in the conviction of the person who is sought to be summoned. Held, deposition of PW-1, not being an eye-witness, is not sufficient enough to invoke the extra-ordinary jurisdiction under Section 319 to summon the appellants. There are no other witnesses or documentary evidence against the appellants. The higher degree of satisfaction that is required for exercising power under Section 319 Cr.P.C. is not met. Hence, the trial Court committed a serious error in allowing the application under Section 319 and issuing summons to the appellants. Summon order is set aside. (Para 16, 23, 24 & 25) Shankar v. State of Uttar Pradesh, 2024 LiveLaw (SC) 345Section 482 – Power to quash chargesheet – The power under Section 482 of the Cr.P.C. has to be exercised sparingly, carefully and with caution, only where such exercise is justified by the tests laid down in the Section itself. Section 482 of the Cr.P.C. does not confer any new power on the High Court but only saves the inherent power, which the Court possessed before the enactment of the Criminal Procedure Code. There are three circumstances under which the inherent jurisdiction may be exercised, namely (i) to give effect to an order under the Code, (ii) to prevent abuse of the process of Court, and (iii) to otherwise secure the ends of justice. It is to be exercised ex debito justitiae to do real and substantial justice for the administration of which alone courts ...

Supreme Court Weekly Digest With Subject /Statute Wise Index [May 01 to 10]

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