Supreme Court Half Yearly Digest 2022 (Jan - Jun) CRIMINAL TRIAL

Criminal Trial - A mere chart giving description of offences, numbers and the sections of the offences and about the nature of offences cannot be taken into account at the stage of conviction - If the Prosecution wanted the Court to take note of the fact that there were other matters in which accused were involved, the concerned Chargesheets should have been produced on record...

Supreme Court Dismisses PIL To Stop Private Zoo In Gujarat From Acquiring Animals

The Supreme Court has dismissed a PIL filed against the recognition granted to Greens Zoological Rescue and Rehabilitation Centre, an upcoming private zoo, at Jamnagar, Gujarat.A bench comprising Justices Dinesh Maheshwari and Krishna Murari dismissed the PIL filed by one Kanhaiya Kumar observing "we are unable to find any logic or basis in this petition". The order was passed on August...

CAT Cannot Dispense With Trial Even If Contempt Was Committed In The Face Of It, When Alleged Contemnor Denies Charges : Supreme Court

The Supreme Court has held that the Central Administrative Tribunal has no power to dispense with trial before punishing for contempt committed in the face of it, if the alleged contemnor is denying the charges.The Court noted that unlike the Supreme Court, which has powers under Articles 129 and 142 of the Constitution of India, the CAT cannot punish for contempt in the face of it...

Courts This Week- A Weekly Round Of Important Legal Developments In The Country [Episode-129]

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State Has No Public Duty To Inidcate HSN Code For GST Rate In Public Tender : Supreme Court

The Supreme Court, on Tuesday, held that there is no public duty on the State to indicate HSN Code in public tender documents. A Bench comprising Justices K.M. Joseph and Hrishikesh Roy quashed the mandamus issued by the Allahabad High Court, inter alia, directing Central Government to verify the HSN Code from taxing authorities and indicate the same on bid documents, at the instance...

Some Corroboration Is Necessary When Witness Testimony Is 'Neither Wholly Reliable Nor Wholly Unreliable': Supreme Court

The Supreme Court observed that some corroboration is necessary when an ocular testimony falls into category of "neither wholly reliable nor wholly unreliable". In this case, the accused were convicted by the Trial Court under Section 302 read with Section 149, Section 307 read with Section 149 and Section 148 of the Indian Penal Code, 1860. Dismissing the appeal, the High Court confirmed...

Bilkis Bano Case : Supreme Court Erred In Holding That Gujarat Govt Has Power To Decide Remission - Sr Adv Rebecca John

Criminal law expert Rebecca M John, Senior Advocate, opined that the Supreme Court erred in holding that the State of Gujarat has the jurisdiction to decide the remission of sentence of 11 convicts in the Bilkis Bano case.Speaking in an interview with LiveLaw, John said that as per Section 432(7) of the Code of Criminal Procedure, it is the State where the trial was held and where the...

Marginalized Persons Often End Up Settling For Less In Mediations Due To Unequal Bargaining Power : Justice Chandrachud

People from marginalized groups are often at a disadvantage in mediations due to the unequal bargaining power they posses over people from privileged backgrounds, said Supreme Court Justice DY Chandrachud at a seminar on Friday. Highlighting this, he said the possession of the tangible and intangible resources contributes to the bargaining and negotiating power of the parties involved...

Financial Criteria In A Compassionate Appointment Scheme Cannot Be Ignored: Supreme Court

The Supreme Court observed that the financial criteria for compassionate appointment given in a Compassionate Appointment Scheme cannot be ignored."Rules which provide for a financial criteria for appointment on Compassionate ground are valid and lawful rules which have to be construed strictly, as otherwise the quota reserved for compassionate appointment would be filled up excluding others...

Supreme Court Half Yearly Digest 2022 (Jan - Jun) CONSUMER LAW With Parallel Citations

Consumer Law - Transfer Petition filed seeking transfer of consumer complaints pending before Consumer fora to Bombay High Court - Dismissed - The consumer complaints are filed under the Consumer Protection Act, therefore, such consumer complaints cannot be transferred to the High Court exercising the jurisdiction under Article 226 of the Constitution of India. Yes bank v. 63...

Prosecution Under PMLA Not Possible After Accused Is Acquitted Of Scheduled Offence: Supreme Court

The Supreme Court reiterated that an person acquitted of scheduled offence cannot be prosecuted under Prevention of Money-Laundering Act, 2002.In this case, the Lokayukta Police registered a case under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988 against the accused, who was a Deputy Revenue Officer. During the pendency of trial, the Directorate...

Supreme Court Seeks Allahabad HC Response On Transferring Pending Arbitration/Commercial Matters To Commercial Courts In UP

The Supreme Court on Wednesday asked for the Allahabad High Court to look into and respond on whether not transferring the pending arbitration matters/commercial cases to the concerned Commercial Courts can be said to be contrary to Section 15 of the Commercial Courts Act.The bench of Justices M. R. Shah and B. V. Nagarathna was hearing the matter where the Court had in May issued...