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Defective Investigation Does Not Automatically Vitiate Prosecution's Case, If Other Relevant Evidence Exists: Supreme Court
The Supreme Court recently observed that the flaws in the investigation would not automatically be fatal to the prosecution's case when other credible evidence exists. The Court, affirming this position, upheld the conviction of the Appellant, who had sought acquittal on the ground of a faulty investigation. However, upon carefully examining the record and finding other reliable and...
'We're Already Facing Allegations Of Intruding On Executive': Supreme Court On Plea For Union's Article 355 Action In West Bengal
When a petition seeking the Central Government's action in the State of West Bengal as per Article 355 of the Constitution was mentioned, the Supreme Court on Monday impliedly referred to the recent controversy over its direction to the President.Advocate Vishnu Shankar Jain mentioned the petition before a bench comprising Justice BR Gavai and Justice Augustine George Masih. The petitioner...
'In Policy Domain' : Supreme Court Dismisses Plea Seeking Guidelines Against Fraudulent Cryptocurrency Transactions
The Supreme Court recently dismissed a petition seeking guidelines from the Court in exercise of its jurisdiction under Article 142 of the Constitution to prevent and penalize fraudulent transactions involving cryptocurrencies.A bench of Justices BR Gavai and AG Masih passed the order, being of the view that the prayers made were within the domain of the legislature and the executive. Be that...
Understanding Supreme Court's New Case Categorization System
The Supreme Court of India has recently introduced a revised system of case categorization effective from 21st April, 2025. This is the first major overhaul of the Supreme Court's case management in nearly three decades. This reform is expected to streamline case management and make it more efficient, data-driven and user-friendly for lawyers and litigants. Historically, the Supreme Court had periodically adjusted its case categorization scheme, but the last major thorough revision was...
Criminal Contempt Action Sought Against BJP MP Nishikant Dubey For Remarks Against Supreme Court & CJI
A letter has been sent to the Attorney General for India seeking sanction to initiate criminal contempt proceedings against BJP MP Nishikant Dubey for his remarks against the Supreme Court and Chief Justice of India Sanjiv Khanna.As per the letter sent by an Advocate-on-Record, Dubey said that the "Supreme Court is taking the country towards anarchy" and that "Chief Justice of India Sanijv...
Arbitral Tribunal Can Proceed Against Party Though They Weren't Served With S.21 Notice Or Made Party In S.11 Application : Supreme Court
The Supreme Court recently observed that not being served with the notice invoking arbitration under Section 21 of the Arbitration and Conciliation Act, and not being made a party in the Section 11 application (for appointment of arbitrator), are not sufficient grounds to hold that a person cannot be made party to arbitral proceedings. "A notice invoking arbitration under Section 21 of the ACA...
Proposed Purchaser Under Agreement To Sell Can't Sue Third Party Who Claims Title & Possession Of Property : Supreme Court
The Supreme Court recently held that a proposed purchaser under an agreement to sell cannot file a suit for a permanent injunction seeking the protection of the vendor's interest in the property against a third party with whom there exists no privity of contract. The Court clarified that only the vendor has the right to seek protection of their interest in the property, as an agreement to...
India Must Evolve Judicial Independence Standards In Line With International Norms : Justice Madan B Lokur
Former Supreme Court judge Justice Madan B Lokur has called for the evolution of standards for judicial independence in India that align with international norms. Speaking at the launch of a report titled “Judicial Independence in India: Tipping the Scale” by the International Commission of Jurists (ICJ), Justice Lokur stressed the need for open, free and frank discussions on...
Dealing With Substance Mentioned In NDPS Act Schedule Is An Offence Though It's Not Listed In Schedule Of NDPS Rules : Supreme Court
The Supreme Court observed that activities involving a psychotropic substance listed in the NDPS Act's Schedule, but not in Schedule I of the NDPS Rules, constitute an offence under Section 8(c) of the NDPS Act. The bench comprising Justices JB Pardiwala and Manoj Misra heard the case where the Respondent-accused was found in possession of Buprenorphine Hydrochloride, a psychotropic...