S. 389 CrPC | Suspension Of Sentence Can't Be Denied Merely Because Another Trial Is Pending Against Accused : Supreme Court

The Supreme Court yesterday (Oct. 4) observed that a pendency of trial against the accused in one case cannot be a ground to deny him the benefit of a suspension of sentence. The bench comprising Justices Dipankar Datta and Prashant Kumar Mishra granted a relief to the accused who were convicted in a murder case but denied the benefit of the suspension of sentence by the High Court. The...

Supreme Court Dismisses Petition Seeking Review Of Judgment Which Struck Down Electoral Bonds Scheme

The Supreme Court has dismissed a petition seeking a review of the Constitution Bench judgment which struck down the Electoral Bonds scheme as unconstitutional.A bench comprising Chief Justice of India DY Chandrachud, Justice Sanjiv Khanna, JB Paridwala and Manoj Misra dismissed the review petition filed by Advocate Mathews Nedumpara and another"Having perused the review petitions, there is...

In 31 Months, Three Out Of Four Bombay HC Benches Recuse From Hearing Plea To Clear Father Stan Swamy's Name From Bhima-Koregaon Case

Last month, Bombay High Court judge Justice Revati Mohite-Dere recused from hearing a plea filed in December 2021 by the next of kin of Father Stan Swamy, who sought clearing the now deceased (Swamy's) name from the Bhima-Koregaon case.The plea filed by Father Fraser Mascarenhas, the former principal of Xavier's College in Mumbai, recently came up for hearing before a bench of...

'No Scheduled Offence In Complaint Or Chargesheet' : Supreme Court Grants Bail To Two Accused In Money Laundering Case

The Supreme Court on Friday (October 4) granted bail to two accused, Laxmikant Tiwari and Shiv Shankar Naag, in a money laundering case connected with the Chhattisgarh coal levy scam case.A bench of Justice Abhay Oka and Justice Augustine George Masih granted bail on the grounds of prolonged incarceration and the absence of a scheduled offence at the time of filing of the...

Supreme Court Orders Surprise Inspections Of Assam's Matia Transit Camp To Assess Hygiene And Living Conditions

The Supreme Court on Friday (October 4) directed the Assam State Legal Services Authority (SLSA) to conduct surprise inspections of the Matia Transit Camp for housing foreign nationals in Goalpara, Assam to assess the facility's hygiene conditions, availability of food, and overall living conditions.A bench of Justice Abhay S Oka and Justice Augustine George Masih ordered the SLSA Secretary...

Supreme Court Summarises Principles For Interpreting Tax Statutes In Judgment On GST Input Tax Credit

The Supreme Court on Thursday (October 3) outlined the principles governing the interpretation of taxation statutes in the context of the Central Goods and Services Tax (CGST) Act, 2017.A bench of Justice Abhay Oka and Justice Sanjay Karol summarised the principles of interpretation while dealing with a case involving the interpretation of Section 17(5)(d) of the CGST Act, which disallows...

Final Select List Signals Completion Of Appointment Process; It Can't Be Scrapped For Fresh Process As Per New Rules : Supreme Court

The Court said that the scrapping of final list to hold fresh process amounted to 'changing the rules of the game after the game is played'.

Supreme Court Criticises HC Order Which Allowed Provisional College Admission Despite SC Staying Similar Order Of Previous Year

Dealing with the issue of colleges being permitted to participate in admission process on the strength of interim judicial orders, the Supreme Court recently called out the Madhya Pradesh High Court for passing an order akin to the one stayed by the top Court last year, saying that the practice was not in conformity with "judicial propriety".A bench of Justices BR Gavai and KV...

[FINAL CALL TO REGISTER!] Last Day To Enroll In LiveLaw Academy's Advanced Course On Bharatiya Sakshya Adhiniyam 2023 With Former Judge BG Harindranath! Don't Miss Out!

In 2020, the Government of India embarked on an ambitious exercise of reforming the Criminal Justice System. On 11th August 2023, three bills titled Bharatiya Nyaya Sanhita (BNS), 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and Bharatiya Sakshya Bill, 2023 seeking to repeal and replace the Indian Penal Code (IPC), 1860, the Code of Criminal Procedure (CrPC), 1973 and the Indian...

“Corroboration” Under Section 157 Of The Evidence Act (Section 160 Of The Bharatiya Sakshya Adhiniyam [BSA] 2023

The later testimony of a witness can be “corroborated” by recourse to Section 157 of the Evidence Act. The said Section reads as follows:-“157: Former statements of witness may be proved to corroborate later testimony as to same fact.--In order to corroborate the testimony of a witness, any former statement made by such witness relating to the same fact at or about the time when the fact took place, or before any authority legally competent to investigate the fact, may be proved.” ...

Specific Relief Act | Supreme Court Allows Oral Hearing Of Review Petition Against Judgment Holding 2018 Amendment To Be Prospective

A three-judge bench of the Supreme Court, by 2:1 majority, agreed to hear in open court a review petition filed against a 2022 judgment which held that the 2018 amendment to the Specific Relief Act, 1963, will apply only prospectively to transactions effected after the date when the amendment came into force (01.10.2018).The original judgment was rendered by a three-judge bench comprising...

WB Universities' VC Appointments | Can Chief Minister Change Order Of Preference For Shortlisted Candidates? Supreme Court To Clarify

In the matter pertaining to appointment of Vice Chancellors for certain West Bengal Universities, the Supreme Court recently expressed an inclination to clarify its earlier order regarding recommendation of candidates' names by the Chief Minister, to say that the order of preference of the names shall be as fixed by the search-cum-selection committees.The development came as an...