Is 3rd Judge Hearing Criminal Appeal After Split Verdict Bound By Views Of Previous Bench? Supreme Court Refers To Larger Bench

The Court expressed reservations regarding a 1999 judgment which held that the 3rd judge can independently examine the matter.

Supreme Court Sets Aside MP HC Direction To Trial Courts To Examine Sanctioning Authority Before Framing Charges In Corruption Cases

The Court held that criminal courts cannot introduce a new stage in trial procedure by requiring sanctioning authorities to be examined before charges are framed.

'Left Free To Live As Spouses' : Supreme Court Quashes POCSO Conviction After Convict & Victim Marry

The Supreme Court recently set aside a conviction under the Protection of Children from Sexual Offences Act, 2012, after the accused and the victim arrived at a settlement by marrying each other and after the accused offered her compensation.A bench comprising Justice JK Maheshwari and Justice Atul S Chandurkar set aside the conviction invoking its special powers under Article 142 of the Constitution. The Court took note of the peculiar circumstances of the case that the accused and the victim...

'SARFAESI Timeline Mandatory' : Supreme Court Cancels Auction Sale After 16 Yrs Over 5-Day Delay In Payment Of Balance

The Court held that the time period to deposit balance amount as per Rul 9(4) of Security Interest Rules is mandatory.

CAPF Personnel Can Approach Delhi High Court For Service Disputes Though Cause Of Action Arose Outside : Supreme Court

The Supreme Court has held that members of the Central Armed Police Forces (CAPFs), including the Border Security Force (BSF), can invoke the writ jurisdiction of the Delhi High Court in service matters even when the cause of action arises outside Delhi, owing to the location of the offices of the Union of India and the respective force headquarters in the national capital. A bench of Justice Dipankar Datta and Justice Satish Chandra Sharma delivered the ruling while allowing an appeal filed by...

Acquittal In Rape Case Doesn't Bar Scientific Determination Of Paternity : Supreme Court Upholds DNA Test Order

The Supreme Court recently held that a DNA test may be directed in a paternity dispute even where the alleged father was previously acquitted in a criminal rape case, observing that scientific evidence becomes indispensable when no other evidence can conclusively resolve the question of biological parentage. A Bench of Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh dismissed an appeal filed by a man challenging concurrent orders of the trial court and the Chhattisgarh High Court...

IBC | Delay In Re-Filing Defective Appeal After Curing Defects Cannot Be Condoned : Supreme Court

The Court also observed that the Supreme Court Rules cannot override the mandate under the IBC.

Order XII Rule 6 CPC | Suit Can Be Decreed On Admission Only If It's Clear, Unequivocal And Unconditional: Supreme Court

The Court held that disputed questions of fact cannot be decided through judgment on admission.

Supreme Court Summarises Law On Approver's Testimony, Says Corroboration Not Mandatory For Accomplice's Evidence

The Supreme Court observed that even where an accomplice's testimony is not independently corroborated on material particulars, it may still form the basis of a conviction if the court finds it credible, trustworthy, and reflective of a full and truthful account of the events surrounding the commission of the offence.“One of the necessary tests is that his (approver) testimony must...

Civil & Criminal Remedies Can Be Invoked For Same Cause, But There Shouldn't Be Inordinate Time Gap Between Them: Supreme Court

The Court quashed an FIR lodged 23 year after the filing of a civil suit over the same property dispute.

S.27 Evidence Act | Panch Witness Turning Hostile Not Fatal If Recovery Proved By Other Evidence: Supreme Court

The Supreme Court recently upheld the murder conviction, noting that mere turning hostile of the panch witness would not be fatal to the prosecution's case to create doubt over the recovery evidence based on the accused's disclosure statements under Section 27 of the Evidence Act when the recovery evidence was proved otherwise by other corroborative evidence. A bench of Justice Pankaj...

No Forgery Merely Because Person Executed Document Wrongly Claiming Ownership Of Property : Supreme Court

Execution of such a document is not "making of false document(S.464 IPC)" and hence no offence is "forgery(S.467/471 IPC)" is attracted.