Supreme court
Supreme Court Directs Minimum 1/3rd Women's Reservation In Supreme Court Bar Association Posts From 2024 Elections
In a major development, the Supreme Court on Thursday (May 2) directed the implementation of a minimum 1/3rd women's reservation in the posts of the Supreme Court Bar Association "henceforth", including the ensuing elections (2024-2025).The Court further directed that in the ensuing elections for 2024-25, the post of Treasurer of SCBA shall be reserved for a woman candidate. "In the ensuing elections for 2024-25, the post of the Treasurer of the Supreme Court Bar Association is reserved for...
S.205 CrPC | Court Can Exempt Accused From Personal Appearance Before Grant Of Bail : Supreme Court
The Supreme Court on Wednesday (May 1) observed that even before the grant of bail, the accused can be exempted from showing his personal appearance before the court. “The observation (of the High Court) that there is no provision for granting exemption from personal appearance prior to obtaining bail, is not correct, as the power to grant exemption from personal appearance under the Code(Code of Criminal Procedure) should not be read in a restrictive manner as applicable only after the accused...
S.138 NI Act | Supreme Court Sets Aside HC Decision Allowing Amendment Of Cheque Date Mentioned In Complaint
The Supreme Court recently set aside a judgment of the High Court which allowed a complainant in a cheque dishonour case to amend the date of the cheque mentioned in the complaint.The Supreme Court noted that the amendment application was moved after the evidence stage was over. Here, the date of the cheque was mentioned as 22.07.2010 in the complaint. The same date was mentioned in the legal notice which was issued after the dishonour of the cheque. Also, in the evidence as well, the very same...
Suit For Recovery Against 'Sick Company' Not Barred If It Doesn't Affect Company's Properties Or Revival Scheme : Supreme Court
If the recovery proceedings against the Sick Company do not pose a threat to its properties or have adversely impacted the scheme of the revival of the Sick Company, then there wouldn't be a bar for filing a suit for the recovery of the dues against the Sick Company, observed the Supreme Court.Concurring with the findings of the High Court, the bench comprising Justices JB Pardiwala and Sandeep Mehta observed that the suit for recovery of money against the Sick Company towards the dues arising...
Non-Bailable Warrants Shouldn't Be Issued Unless Accused Charged With Heinous Crime Is Likely To Abscond Or Destroy Evidence: Supreme Court
The Supreme Court, in a judgment delivered on May 1, cautioned against the routine issuance of non-bailable warrants. The Court said that non-bailalbe warrants not be issued unless the accused is charged with a heinous crime, and is likely to evade the process of law or tamper/destroy evidence. “While there are no comprehensive set of guidelines for the issuance of nonbailable warrants, this Court has observed on several occasions that nonbailable warrants should not be issued, unless the...
Supreme Court Criminal Digest -March 2024
Anticipatory Bail Custodial interrogation is one of the effective modes of investigating into the alleged crime. It is equally true that just because custodial interrogation is not required that by itself may also not be a ground to release an accused on anticipatory bail if the offences are of a serious nature. However, a mere assertion on the part of the State while opposing the...
Chargesheet Must Contain Clear & Complete Entries, Specify Role Of Each Accused; Witness Statements Be Enclosed With It : Supreme Court
Taking note of the importance of the submission of a charge sheet to take cognizance of an offence by a magistrate, the Supreme Court on Wednesday (May 1) observed that the charge sheet must contain clear and complete entries of all columns to enable the court to understand which crime has been committed by which accused and what is the material evidence available on the file.“Therefore,...
State Can Impose Stamp Duty On Insurance Policies Executed Within State : Supreme Court Rejects LIC's Challenge To Rajasthan's Demand
The Supreme Court on April 30 dismissed the appeals filed by the Life Insurance Corporation (LIC) against the demand of stamp duty of approximately Rs 1.19 crores raised by the State of Rajasthan. The Court upheld the legislative competence of the State to levy stamp duty on insurance policies executed within the State subject to the rates determined by the Central legislation.The...
S.138 NI Act | Courts Can't Compel Complainant To Give Consent For Compounding, Mere Repayment Won't Absolve Accused : Supreme Court
Recently, the Supreme Court observed that the Courts cannot compel the complainant in a cheque dishonour case to give consent for the compounding of the complaint merely because the accused has compensated the complainant.The Court also observed that mere repayment of the amount cannot mean that the appellant is absolved from the criminal liabilities under Section 138 of the...
No Order Be Passed Without Examining Lawfulness Of 'Minutes Of Order' Filed By Advocates : Supreme Court To Bombay High Court
The Supreme Court, in a recent judgment, commented about the peculiar practice of advocates filing "Minutes of Order" in the Bombay High Court. "Minutes of Order" are notes filed by advocates on both sides which mention the points which are to be included in the judgment to be passed by the Court.While this practice is to assist the judges, the Supreme Court cautioned that care should be taken...
Hindu Marriage A 'Samskara' & A Sacrament; Not An Event For 'Song & Dance', 'Wining & Dining' Or Commercial Transaction: Supreme Court
The Supreme Court emphasized that Hindu Marriage is a sacred institution and should not be trivialized as a mere social event for "song and dance" and "wining and dining". It urged young individuals to deeply consider the sanctity of marriage before committing to it. Marriage should not be approached as an occasion for extravagance or as a means to demand dowry or gifts, but as a solemn...
Hindu Marriage Invalid If Requisite Ceremonies Not Performed, Registration Won't Make Such A Marriage Legitimate : Supreme Court
In a recent ruling, the Supreme Court clarified the legal requirements and sanctity of Hindu marriages under the Hindu Marriage Act 1955. The Court emphasized that for a Hindu marriage to be valid, it must be performed with the appropriate rites and ceremonies, such as saptapadi (seven steps around the sacred fire) if included, and proof of these ceremonies is essential in case of...