Omission To Name Some Accused In FIR Is A Relevant Fact Under Section 11 Evidence Act : Supreme Court

The Supreme Court recently noted that a crime witness would usually mention all perpetrators in the FIR. Selectively naming some while omitting others is unnatural, weakening the complainant's account. This omission, though otherwise irrelevant, becomes a relevant fact under Section 11 of the Evidence Act, the Court stated. Holding so, a bench of Justices JB Pardiwala and R Mahadevan upheld...

'Debt Has Been Recovered Multiple Times Over': Vijay Mallya Approaches Karnataka HC Seeking Information On Total Amount Recovered By Banks

The Karnataka High Court on Wednesday (February 5) issued notice to banks on a petition filed by fugitive liquor baron Vijay Mallya, seeking a direction to the former to provide a statement of accounts for the amounts owed by him, United Breweries Holdings Limited (in liquidation) and other certificate debtors.Justice R Devdas issued the notice returnable on February 13. Senior Advocate...

Supreme Court Monthly Round-up: January 2025

Nominal IndexCitationsM/S Naresh Potteries v. M/S Aarti Industries and Anr., SLP(Crl) No. 8659-2023 2025 LiveLaw (SC) 1Bernard Francis Joseph Vaz and Ors v. Government of Karnataka and Ors 2025 LiveLaw (SC) 2Urmila Dixit v. Sunil Sharan Dixit and others 2025 LiveLaw (SC) 3BN John v. State of UP & Anr., SLP (Crl.) No. 2184 of 2024 2025 LiveLaw (SC) 4Municipal Corporation of Delhi v....

Supreme Court Directs Making Chandigarh UT A Party In Ex-Punjab CM Assassination Case Convict's Plea For Transfer From Tihar Jail

The Supreme Court yesterday(February 4) said that the Union Territory of Chandigarh must be made a party in the petition filed by Jagtar Singh Hawara, convicted in the 1995 assassination of former Chief Minister of Punjab Beant Singh and 16 others, for transfer from Tihar jail to any jail in Punjab. The Court noted the necessity of the Chandigarh Administration because Hawara was tried and...

'Only Issue Is Whether PUCL Guidelines Were Complied' : Supreme Court In Plea Alleging 'Fake' Encounters In Assam

While hearing a case raising the issue of 'fake' encounters in Assam, the Supreme Court yesterday indicated that the only issue to be considered is whether the guidelines laid down by it in PUCL v. State of Maharashtra (pertaining to investigation of police encounters) were complied with or not."We are not going to form any opinion on merits. We can't...Only limited issue is compliance of...

Wife, Separated From 1st Husband, Can Claim Maintenance From 2nd Husband Though 1st Marriage Not Legally Dissolved: Supreme Court

The Supreme Court ruled that a woman is entitled to claim maintenance under Section 125 of the Cr.P.C. from her second husband, even if her first marriage was not legally dissolved. The Court clarified that a formal decree of dissolution is not mandatory. If the woman and her first husband mutually agreed to separate, the absence of a legal divorce does not prevent her from seeking...

Meticulous Examination Needed In Cases Where FIR Was Against Unknown Persons & Accused Are Not Known To Witnesses : Supreme Court

Emphasizing the need for meticulous examination in cases involving unidentified accused, the Supreme Court today (February 4) overturned the conviction of two individuals in a case for bus robbery, citing major flaws in the police investigation and unreliable eyewitness identification. “In cases where the FIR is lodged against unknown persons, and the persons made accused are not known to...

Supreme Court Annual Digest 2024: Unlawful Activities (Prevention) Act [UAPA]

Bail under UAPA, 1967 – Applicability of Section 43-D(5) – Principles and Constitutional Considerations – Long Incarceration and Delay in Trial - Prima Facie Assessment - Fundamental Rights and Speedy Trial - Precedence of Constitutional Rights - The Supreme Court reiterated the principles governing the grant of bail under Section 43-D(5) of the Unlawful Activities (Prevention) Act,...

SCAORA Submits Suggestions To Supreme Court On Guidelines For AORs, Reforms Of Senior Designation Process

The Supreme Court Advocates on Record Association (SCAORA) has filed suggestions before the Supreme Court regarding the code of conduct for the Advocates-on-Record and senior designation process.The Court took up these issues in a case arising out of false statements and the suppression of material facts made by a Senior Advocate in multiple remission pleas.As per the suggestions, the SCAORA...

Justice Hrishikesh Roy's Landmark Judgments : A Law Clerk's Account

Justice Hrishikesh Roy demitted office on 1.2.2025 after serving for over 5 years as a judge of the Supreme Court of India. Justice Roy's wit, ever-smiling demeanour and encouragement for juniors is well-known but much remains to be said about the judgments and the individual- on and off the bench. Considering my experience of working for a year at the office of Justice Muralidhar, I received a call for interview for the position of law clerk at Justice Roy's office in December,2022. The...

Registry Has No Authority To Delete A Case From Cause List Unless Specifically Ordered By Concerned Bench Or Chief Justice: Supreme Court

The Supreme Court on Monday (February 4) held that the Registry has no authority to delete a case from the cause list once it has been listed, unless there is a specific order from the concerned bench or the Chief Justice of India.“The fact that service of notice of making alternate arrangements was not served is no ground to delete a case which is notified on the cause list. Once the case...

Supreme Court Relieves Datla Sreenivasa Varma As In-charge Of SIT Formed To Probe Manipur Extra-Judicial Killings

The Supreme Court today (February 4) allowed the Central Bureau of Investigation (CBI)'s plea to release Datla Sreenivasa Varma from the position as the head of the SIT formed to probe into Manipur's extra-judicial killings. The bench of CJI Sanjiv Khanna and Justices Sanjay Kumar and KV Viswanathan was hearing the issue of alleged extra-judicial killings in Manipur by armed forces. The...