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Prospective Accused Cannot Challenge Order For CBI Investigation : Supreme Court
The Supreme Court observed that it is not open for the prospective accused to challenge the underway investigation. Holding thus, the Court dismissed the appeal challenging the Karnataka High Court's decision to order an investigation by the Central Bureau of Investigation (“CBI”).“Therefore, we are of the considered view that once an FIR is registered and investigation has taken...
Magistrate's Cognizance Order Can't Be Faulted Only Because It Wasn't A Reasoned Order : Supreme Court
The Supreme Court reiterated that a Magistrate's order taking cognizance of a police report cannot be faulted only because it was not a reasoned order. If the cognizance is taken after recording a finding regarding the existence of a prima facie case based on a reading of the case records, explicit reasons are not required.Holding thus, the bench comprising Justices Sudhanshu Dhulia...
Justice AM Sapre Declines Rs 20 Lakh Fee, Supreme Court Directs Payment Of That Amount To Tea-Estate Workers' Widows
The Supreme Court on Wednesday (April 23) directed the States of Tamil Nadu, Kerala and Assam to identify cases where the widows of deceased tea workers are facing grave difficulties and disburse to them the amount which was to be paid to retired Supreme Court judge Justice AM Sapre.A bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan passed this direction after being informed that...
Plaintiff Can Seek Declaration Of Title Without Seeking Cancellation Of Sale Deed Executed By Another Party : Supreme Court
The Supreme Court observed that a plaintiff seeking a declaration of title over a property is not required to specifically seek the cancellation of a sale deed executed by another party over the same property as per Section 31 of the Specific Relief Act, 1963 (“SRA”).The Court said that a declaration sought by a plaintiff as per Section 34 of the SRA would not become non-maintainable...
Disciplinary Proceedings Cannot Be Continued Beyond Time Limit Set By Courts Without Seeking Extension : Supreme Court
The Supreme Court today (April 23) held that when a fixed time is stipulated by a Tribunal or Court to conclude the disciplinary proceedings, continuation of such proceedings beyond that time could be illegal if no bona fide attempt is made to seek extension of time.A bench of Justices Dipankar Datta and Prashant Kumar Mishra also stated that if the Tribunal/Court fixes a time with a rider...
Probation Of Offenders Act | No Discretion To Deny Release Of Convict On Probation When Conditions Are Met : Supreme Court
The Supreme Court noted that when the provisions of the Probation of Offenders Act (“Act”) apply to a convict's release, the court has no discretion to disregard the possibility of granting probation. “Summing up the legal position, it can be said that while an offender cannot seek an order for grant of probation as a matter of right but having noticed the object that the...
Supreme Court Imposes Rs 5 Lakhs Costs On Lawyer For Filing Frivolous Petition
The Supreme Court on April 22 came down heavily on a lawyer who continuously filed a frivolous petition and imposed costs of Rs. 5 Lakhs on him as a penalty. The bench of Justice Vikram Nath and Justice Sandeep Mehta expressed displeasure at the constant misuse of the legal process by the petitioner in person, who also happened to be a lawyer and filed an Article 32 writ petition before...
Defendant Set Ex-Parte Can't Produce Evidence; Has Only Limited Right Of Cross-Examining Plaintiff : Supreme Court
The Supreme Court held that once a defendant is set ex parte, they are not entitled to present evidence in their defence; their only available recourse is to cross-examine the plaintiff's witness in an attempt to disprove the plaintiff's case. While reiterating that a defendant set ex-parte cannot lead evidence in their defence, the Court clarified that if a legal issue is raised in the...