Top Stories
No Concept Of 'Deemed Sanction' Under Section 197 CrPC : Supreme Court
While quashing a case against the public servant due to lack of prior sanction, the Supreme Court on Tuesday (February 25) observed that the failure of the sanctioning authority to provide sanction within the stipulated time would not make the sanction a 'deemed sanction' because such a concept doesn't exist under Section 197 of Code of Criminal Procedure, 1973."Section 197 of CrPC does...
S.106 Evidence Act Must Be Applied With Care, Can't Be Used To Make Up Prosecution's Inability : Supreme Court Explains Principles
The Supreme Court has reiterated that Section 106 of the Indian Evidence Act, 1872 cannot be applied in criminal cases unless the prosecution succeeds in establishing a prima facie case. As per Section 106 of the Evidence Act, the burden of proof of proving things which are in the special knowledge of a person is on that person. If a fact is within the special knowledge of the accused, then...
Supreme Court Quashes Case Against Ex-Director Of Drug Manufacturing Company For Substandard Drugs Seized After His Resignation
The Supreme Court recently quashed a case under the Drugs and Cosmetics Act, 1940 ("Act") against a former Director of a Drug Manufacturing Company, which had undergone a raid for allegedly manufacturing a substandard drug, after noting that the director resigned from the company before the raid took place. The Court held that the director could not be held liable for the company's...
'Legislative Decisions' Not Immune From Judicial Review; Protection Under Article 212(1) Only For 'Proceedings In Legislature' : Supreme Court
Drawing a distinction between 'legislative decisions' and 'proceedings in the Legislature', the Supreme Court in a recent judgment has held that while 'proceedings in the Legislature' are immune from review based on allegation of 'procedural irregularities', there is no absolute bar on judicial review of 'legislative decisions'.A bench of Justices Surya Kant and NK Singh made the observation...
POCSO Act: All India Annual Digest 2024
SUPREME COURTSections 4, 6, 29 and 30 - Presumption under the POCSO Act – Applicability and Conviction - Sentence Modification - Socio-Economic Considerations - Parole Denial - The Supreme Court upheld the conviction of the appellant under Sections 302, 364, and 377 of IPC and Sections 4 and 6 of the POCSO Act for the aggravated penetrative sexual assault and murder of a four-year-old...
'Why You Suddenly Denotified Lands? This Has To Be Investigated' : Supreme Court Refuses To Quash Corruption Case Against HD Kumaraswamy
The Supreme Court on February 25 dismissed a petition filed in 2020 by JD(S) MP HD Kumaraswamy (now a Union Minister) seeking to quash a corruption case over the denotification of two plots of land acquired by the Bangalore Development Authority (BDA), during his tenure as Karnataka Chief Minister between June 2006 and October 2007, allegedly for pecuniary gains.A bench of Justices Dipankar...
Unfair To Collect Toll If Highway Is In Bad Shape: J&K High Court Orders Reduction In Toll Fees
The Jammu and Kashmir High Court directed 80% reduction in the toll fee at two toll plazas on the National highway-44 until the completion of construction. The court said that the National Highway was in a deteriorated state, making toll collection unfair and unreasonable.“This is based on the principle that tolls are collected to provide users with the benefit of well...
S. 411 IPC | Supreme Court Acquits Jeweler Accused Of Possessing Stolen Gold Bars Since He Had No Knowledge That They Were Stolen Property
The Supreme Court today (February 25) acquitted a jeweler who was convicted under Section 411 of the Indian Penal Code (IPC) for receiving stolen property in the high-profile ₹6.7 crore Vijaya Bank fraud case. The Court observed that mere possession of the stolen property by the accused would not justify a conviction under Section 411 of IPC unless it is proven that the accused had...
Former Supreme Court Judge-Justice L Nageswara Rao To Head Committee Constituted For Proposing Electoral Reforms In SCBA
In the Supreme Court Bar Association v. BD Kaushik case, where the Supreme Court is considering the issue of electoral reforms in SCBA, it has come forth that former Supreme Court judge-Justice L Nageswara Rao has agreed to head the Committee proposed for making recommendations. The said Committee is proposed to recommend norms/guidelines/parameters for the reformation and suitable amendments...
Supreme Court Outlines Principles To Determine Proportionality Of Punishment Imposed On Member Of Legislature
While setting aside the expulsion of RJD MLC Sunil Kumar Singh from the Bihar Legislative Council for making derogatory remarks against Chief Minister Nitish Kumar, the Supreme Court emphasised that a punishment imposed on a Member of the Legislature for breach of privileges must be proportionate to the misconduct."There is no gainsaid that imposing a disproportionate punishment not...