Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [October 1 – 8, 2023]

Citations: 2023 LiveLaw (SC) 844 To 2023 LiveLaw (SC) 863SUBJECT WISE INDEXBurden of ProofDistinction between the burden of proof and the burden of going forward with the evidence. Generally, the burden of proof upon any affirmative proposition necessary to be established as the foundation of an issue does not shift, but the burden of evidence or the burden of explanation may shift from one side to the other according to the testimony. Thus, if the prosecution has offered evidence which if believed by the court would convince them of the accused's guilt beyond a reasonable doubt, the accused is in a position where he should go forward with counter-vailing evidence if he has such evidence. When facts are peculiarly within the knowledge of the accused, the burden is on him to present evidence of such facts, whether the proposition is an affirmative or negative one. He is not required to do so even though a prima facie case has been established, for the court must still find that he is guilty beyond a reasonable doubt before it can convict. However, the accused's failure to present evidence on his behalf may be regarded by the court as confirming the conclusion indicated by the evidence presented by the prosecution or as confirming presumptions which might have been rebutted. Although not legally required to produce evidence on his own behalf, the accused may therefore as a practical matter find it essential to go forward with proof. This does not alter the burden of proof resting upon the prosecution. (Para 46) Balvir Singh v. State of Uttarakhand, 2023 LiveLaw (SC) 861 : 2023 INSC 879Child CustodyVisitation in court premises not in child's interest - Allows father to meet child in mall. Adarsh C.B. v. Aswathy Sidharthan, 2023 LiveLaw (SC) 847Constitution of IndiaParliamentary or State law wouldn’t apply to Scheduled V area only if the Governor notifies so. South Eastern Coalfields Ltd v. State of M.P., 2023 LiveLaw (SC) 851 : 2023 INSC 865Covid 19When the whole world was in the grip of devastating pandemic, it could never have been said that the parties were sleeping over their rights. It is, at this juncture, that this Court stepped in and after taking suo motu cognizance passed orders under Article 142 of the Constitution of India extending the deadlines. The extraordinary situation was dealt with rightly by extraordinary orders protecting the rights of parties by ensuring that their remedies and defences were not barred. (Para 10) Aditya Khaitan v. IL and FS Financial Services Ltd., 2023 LiveLaw (SC) 845 : 2023 INSC 867Crimes against WomenThe role of courts in such circumstances assumes greater importance and it is expected that the courts would deal with such cases in a more realistic manner and not allow the criminals to escape on account of procedural technicalities, perfunctory investigation or insignificant lacunas in the evidence as otherwise the criminals would receive encouragement and the victims of crime would be totally discouraged by the crime going unpunished. The courts are expected to be sensitive in cases involving crime against women. (Para 62) Balvir Singh v. State of Uttarakhand, 2023 LiveLaw (SC) 861 : 2023 INSC 879DefamationMagistrate can dismiss defamation complaint by applying exceptions under Section 499 IPC before issuing summons to accused. Iveco Magirus Brandschutztechnik Gmbh v. Nirmal Kishore Bhartiya, 2023 LiveLaw (SC) 860 : 2023 INSC 880ElectricityThe Supreme Court criticises OERC for challenging APTEL's order, saying the quasi-judicial body can't be aggrieved with the appellate body's order. GRIDCO Ltd. v. Western Electricity Supply Company, 2023 LiveLaw (SC) 855 : 2023 INSC 872EnforcementWhy must the ED furnish grounds of arrest to the accused in writing? the Supreme Court explains. Pankaj Bansal v. Union of India, 2023 LiveLaw (SC) 844 : 2023 INSC 866Mere non-cooperation to ed summons not a ground for arrest under PMLA; ED can't expect admission of guilt from a person summoned. Pankaj Bansal v. Union of India, 2023 LiveLaw (SC) 844 : 2023 INSC 866ED can't be vindictive, grounds of arrest must be furnished in writing to accused at the time of arrest. Pankaj Bansal v. Union of India, 2023 LiveLaw (SC) 844 : 2023 INSC 866EvidencePrinciples of applying Section 106 of Evidence Act : Supreme Court explains. Balvir Singh v. State of Uttarakhand, 2023 LiveLaw (SC) 861 : 2023 INSC 879Frivolous ApplicationsPetitioner has every time managed to ensure that the trial does not proceed further by filing some frivolous applications before the Trial Court and then upon its rejection, approaching the High Court and the Supreme Court afterwards. Such abuse and misuse of the process of law requires to be dealt with firmly. Imposed costs of Rs. 3 Lakh to be deposited to the High Court Advocates Welfare Fund. Sanjiv Kumar Rajendrabhai Bhatt v. State of Gujarat, 2023 LiveLaw (SC) 852Hindu LawA Karta of a Hindu Undivided Family (HUF) has the right to sell / dispose of / alienate an HUF property, ...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [October 1 – 8, 2023]

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Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [October 1 – 8, 2023]

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