Conviction Can't Be Set Aside Merely Because Prosecution Witness Turned Hostile: Supreme Court

The Supreme Court on Wednesday (May 08) held that the evidence of a prosecution witness cannot be rejected in toto merely because the prosecution chose to treat him as hostile and cross-examined him. Affirming the decision of the High Court and Trial Court, the bench comprising Justices BR Gavai and Sandeep Mehta declined to aside the conviction of the accused merely because the...

Safeguards Against Arrest Necessary, No Provision For Pre-Payment Before Adjudication: Supreme Court On Challenge To GST Penal Provisions

While hearing the batch of petitions challenging penal provisions of CGST Act, etc. as non-compatible with CrPC and the Constitution, the Supreme Court yesterday expressed that safeguards against arrest are necessary. It also noted that there is no provision under the CGST Act for pre-payment prior to adjudication.The Bench of Justices Sanjiv Khanna, MM Sundresh and Bela M Trivedi...

Supreme Court Weekly Digest With Subject /Statute Wise Index [April 1 to 13]

SUPREME COURT WEEKLY DIGEST APRIL 2024 PART 1 (APRIL 1 - 13, 2024)Citations 2024 LiveLaw (SC) 269 to 2024 LiveLaw (SC) 290Abuse of Process of Law Abuse of process of law – Collusion between parties in tender process – Held, respondent no. 1 in collusion with respondent no. 2, had misused the process of law for covering up the irregularities and illegalities committed in the tender...

Can Accused Who Is Already Arrested In One Case Seek Anticipatory Bail In Another Case? Supreme Court Reserves Judgment

The Supreme Court on Wednesday (May 8) reserved judgment on the issue whether anticipatory bail could be granted in one case to a person who is already under custody in another case. The bench of CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra heard the matter. The question of law arose in a case where the FIR of the first offence against the accused was quashed but then the...

Can Time-Barred Debts Be Recovered Through Remedies Other Than Civil Suits As Per Special Laws? Supreme Court Refers To 3-Judge Bench

The Supreme Court has referred to a 3-judge bench the question whether debts, which cannot be recovered by filing civil suits as they are time-barred under the Limitation Act 1963, can be recovered by invoking other remedies under special statutes for debt recovery.The Court was hearing an appeal against a judgment of the Punjab and Haryana High Court which held that a time-barred debt can...

Supreme Court Discusses Concept Of 'Parental Alienation Syndrome' In Child Custody Dispute

The Court advised that there should be caution before labelling a parent as having alienated a child from the other parent.

UP Consolidation of Holdings Act | Consolidation Officer Can't Take Away Ownership Of Tenure Holder And Grant It To Another : Supreme Court

In a recent decision concerning the U.P. Consolidation of Holdings Act, 1953, the Supreme Court held that the Consolidation Officer is not vested with the power to take away the vested title of a tenure holder and grant ownership to some other person in the property.Affirming the decision of the High Court, the bench comprising Justices Surya Kant and P.S. Narasimha underscored the duty of...

Supreme Court Reserves Judgment On Maintainability Of West Bengal's Suit Against Centre Challenging CBI Probe

The Supreme Court on Wednesday (May 08) reserved its judgment on the maintainability of the original suit filed by the State of West Bengal, alleging that the Central Bureau of Investigation (CBI) continued to register and investigate cases despite its revocation of the general consent. The bench, comprising Justices BR Gavai and Sandeep Mehta, heard the preliminary objection raised by...

Supreme Court May Pass Order On Arvind Kejriwal's Interim Bail On Friday

While concluding hearing for the day in a batch of petitions challenging provisions of the CGST Act, Justice Sanjiv Khanna of the Supreme Court expressed that an order on Delhi CM Arvind Kejriwal's interim release from judicial custody may be passed on Friday.“As far as interim order etc. is concerned, we may pass that order on Friday,” Justice Khanna told ASG SV Raju.The judge was sitting...

Elected Members Of Municipality Can't Be Removed At Whims And Fancies Of Civil Servants Or Their Political Masters : Supreme Court

The Supreme Court, in a recent challenge against the disqualification of elected members of certain local municipalities in Maharashtra, held that elected representatives at the grass-roots level of democracy could not be thrown out of office at the 'whims and fancies' of civil servants or their 'political masters'. Setting aside the disqualification orders issued in 2015 and 2016 by...

Have Evidence That Arvind Kejriwal's 7-Star Hotel Stay In Goa Was Partly Funded By An Accused : ED Tells Supreme Court

During the hearing of Delhi CM Arvind Kejriwal's plea against ED arrest, Additional Solicitor General SV Raju yesterday (May 7) told the Supreme Court that the agency has "evidence" against the AAP chief. The ASG further asserted that the ED was in no way concerned with the politics surrounding his arrest.The matter was before a bench of Justices Sanjiv Khanna and Dipankar Datta, which...

JJ Act | 3 Months Time Limit For Preliminary Assessment Of Juvenile As Per Sec. 14(3) Not Mandatory: Supreme Court

The Supreme Court held that the time limit of three months prescribed under Section 14(3) of the Juvenile Justice (Care & Protection) Act, 2015 for ascertaining the mental and physical capacity of a child below the age of sixteen years to commit a serious offence is not mandatory but directory.“As in the process of preliminary inquiry there is involvement of many persons, namely,...