Supreme court
S. 465 CrPC | Taking Cognizance Under Wrong Provision Curable Defect If Magistrate Otherwise Has Jurisdiction : Supreme Court
The Supreme Court on Wednesday (July 1) held that a Magistrate's error in taking cognizance of an offence under an incorrect statutory provision is a curable defect and, this mistake, by itself, does not warrant quashing the cognizance order, provided the Magistrate otherwise has the jurisdiction to deal with the matter.“The well-settled position of law is that the error in taking cognizance under the wrong Section is, in fact a curable defect so long as the Court that has taken cognizance has...
Remission Policy Issued Under Article 161 Overrides Statutory Policy Framed Under CrPC: Supreme Court
The Supreme Court on Wednesday (July 1) held that a remission policy framed by a State Government in exercise of the Governor's constitutional powers under Article 161 of the Constitution cannot be overridden by a subsequent statutory remission policy issued under Sections 432 and 433 of the Code of Criminal Procedure. Holding that Haryana's 2002 remission policy continued to remain operative despite the State's 2008 statutory policy, the Court also declared its 2021 judgment in State of Haryana...
PC Act | Mere Presence Of Officer When Superior Accepted Bribe Not Enough To Infer Criminal Conspiracy: Supreme Court
The Supreme Court has held that the mere presence of a public servant at the place where a bribe is allegedly accepted is insufficient to infer criminal conspiracy, reiterating that the prosecution must establish a prior meeting of minds through cogent evidence.A Bench of Justice Pankaj Mithal and Justice Prasanna B. Varale dismissed appeals filed by the State of Uttar Pradesh against...
LiveLaw Supreme Court Monthly Digest: May 2026
Administration of Justice – Guidelines on Procedural Timelines for High Courts – i. General Timeline - High Courts must endeavour to pronounce reasoned judgements promptly, within a maximum of 3 months from the date of reserving; ii. Personal Liberty & Bail - Extra promptitude must be shown in matters of personal liberty - Bail orders should preferably be pronounced and uploaded...
LiveLaw Supreme Court Weekly Digest May 24 - 31, 2026
Administration of Justice – Guidelines on Procedural Timelines for High Courts – i. General Timeline - High Courts must endeavour to pronounce reasoned judgements promptly, within a maximum of 3 months from the date of reserving; ii. Personal Liberty & Bail - Extra promptitude must be shown in matters of personal liberty - Bail orders should preferably be pronounced and uploaded...
Delay In Filing Appeal Against Externment Under Chhattisgarh Public Security Act Can Be Condoned Under S. 5 Limitation Act: Supreme Court
The Supreme Court has observed that a delay occurred in filing an appeal against an externment order under the Chhattisgarh Rajya Suraksha Adhiniyam, 1990 can be condoned under Section 5 of the Limitation Act, 1963. “…unless the statute expressly or by necessary implication excludes the operation of Section 5 of the Limitation Act, the appellate authority (under the Adhiniyam) should...
Supreme Court Criminal Law Digest: May 2026
Anticipatory Bail - Successive Applications — Filing multiple anticipatory bail petitions in quick succession (e.g., three petitions within three months) after earlier dismissals, without any material change in circumstances, constitutes a clear abuse of process and reduces the extraordinary remedy of anticipatory bail to a mere gamble. Vasantha v. State of Tamil Nadu, 2026 LiveLaw...
Motor Accident Claim | Loss Of Right Leg Must Be Treated As 100% Functional Disability For Mason : Supreme Court
The Supreme Court has held that the loss of a right leg above the knee must be treated as 100% functional disability in the case of a mason, observing that compensation in motor accident claims cannot be determined merely on the basis of the percentage of physical disability without considering its impact on the victim's livelihood.A Bench of Justice Prashant Kumar Mishra and Justice N.V....
Existence Of Regulation Cannot Fetter Legislature's Power To Amend Statute & Override Regulation: Supreme Court
The Supreme Court has held that the existence of a regulation framed under a statute cannot curtail or fetter legislative power to amend the parent enactment in a manner that overrides the regulation.A Bench of Justice Sanjay Karol and Justice Manoj Misra made the observation while upholding the power of the Commissioner of the erstwhile North Delhi Municipal Corporation to dismiss a...