Standard Of Proof For Summoning A Person As An Accused U/s 319 CrPC Higher Than That For Framing A Charge: SC [Read Judgment]

Reiterating that the power under Section 319 of the Code of Criminal Procedure should be exercised sparingly, the Supreme Court has observed that the standard of proof employed for summoning a person as an accused person under Section 319 Cr.P.C. is higher than the standard of proof employed for framing a charge against the accused person.The bench comprising of Justice R. Banumathi and...

Special Court Can Take Cognizance Of An Offence Without Committal If The Special Act Empowers It To Do So: SC [Read Judgment]

When there is express provision in the Special Act empowering the Special Court to take cognizance of an offence without the accused being committed, it cannot be said that taking cognizance of offence by Special Court is in violation of Section 193 of the Code of Criminal Procedure, 1973, the Supreme Court has held on Tuesday.In this case [A.M.C.S. Swamy, ADE/DPE/Hyd (Central) vs. Mehdi...

SC Reserves Order On Plea Challenging Election Of Devendra Fadnavis

The Supreme Court on Tuesday reserved verdict on a plea seeking annulment of election of Maharashtra Chief Minister Devendra Fadnavis to the state Assembly over the alleged concealment of criminal cases against him in the election papers.A bench headed by Chief Justice Ranjan Gogoi and comprising Justices Deepak Gupta and Aniruddha Bose reserved the verdict after senior advocates Mukul...

Cruelty Not Related To Dowry Cannot Be Basis For Conviction Under Section 304B IPC: SC [Read Judgment]

"It is not any cruelty that becomes the subject matter of the provision but it is the cruelty or harassment for or in connection with, demand for dowry."

Cannot Record Compromise Between Parties In Non-Compoundable Offences; But It's A Factor For Considering Quantum Of Sentence: SC [Read Judgment]

"The compromise entered into between the parties is indeed a relevant circumstance which the Court may keep in mind for considering the quantum of sentence."

SC Extends Assam NRC Deadline To Aug 31; Rejects Centre's Prayer For Re-Verification Of Inclusions [Read Order]

The Supreme Court on Tuesday extended the deadline for publication of final National Register of Citizens(NRC) for Assam from July 31 to August 31.This was based on the request by the State NRC Coordinator Prateek Hajela. The NRC Coordinator had pointed out that the NRC process has hit a roadblock in view of the recent floods in Assam, and requested for extension. The bench of CJI Ranjan...

Karnataka : 'Floor Test Likely To Be Held Today', Speaker Tells SC; Hearing Adjourned

After the Speaker of Karnataka assembly told the Supreme Court that the floor test was likely to be held during the course of today itself, the CJI-led bench on Tuesday adjourned till tomorrow the hearing of the writ petition filed by two MLAs for holding trust vote in Karnataka assembly. Appearing for Speaker Ramesh Kumar, Senior Advocate Dr A M Singhvi said that he was 'optimistic' that...

SC Cancels RERA Registration Of Amrapali; Asks NBCC To Take Over Noida Projects [Read Judgment]

In a major relief to thousands of homebuyers, the Supreme Court on Tuesday cancelled the registration of Amrapali group under Real Estate (Regulation and Development) Act 2016, and directed the National Building Construction Corporation take over its pending construction projects in Greater Noida and Noida.The bench of Justices Arun Mishra and U U Lalit found that Amrapali group had siphoned...

Delay To File Suit For Specific Performance Not A Ground To Deny Relief If It Was Filed Within Limitation Period: SC [Read Judgment]

"The rule of equity that exists in England, does not apply, and so long as a Suit for specific performance is filed within the period of limitation, delay cannot be put against the plaintiff."

Failure To Recover Dead Body By Itself Doesn't Entitle Accused To Benefit Of Doubt: SC [Read Judgment]

"It is not an invariable rule of criminal jurisprudence that the failure of the police to recover the corpus delecti will render the prosecution case doubtful entitling the accused to acquittal on benefit of doubt."

Essar Insolvency : SC Orders Status Quo On NCLAT Verdict

The Supreme Court on Monday ordered status quo as of today with respect to the order of National Company Law Appellate Tribunal in the Essar insolvency case.The bench of Justices R F Nariman and Surya Kant was hearing a bunch of appeals filed by the Committee of Creditors and several banks challenging the July 4 order of the NCLAT which had approved ArcelorMittal's Rs 42,000 crore bid for...

'Approach BCI', SC Tells Petitioner Who Sought Directions To Improve Safety Of Advocates

Just a month after the first woman President of Uttar Pradesh Bar Council Darwesh Yadav was killed in the Agra civil court complex, a PIL came for hearing before the Supreme Court seeking direction to Bar Council of India (BCI) to frame gender neutrality safety guidelines for lawyers.The bench headed by Chief Justice of India (CJI) Ranjan Gogoi on Monday refused to entertain the plea but...