S.138 NI Act | Supreme Court Sets Aside HC Decision Allowing Amendment Of Cheque Date Mentioned In Complaint

The Supreme Court recently set aside a judgment of the High Court which allowed a complainant in a cheque dishonour case to amend the date of the cheque mentioned in the complaint.The Supreme Court noted that the amendment application was moved after the evidence stage was over. Here, the date of the cheque was mentioned as 22.07.2010 in the complaint. The same date was mentioned in the...

Suit For Recovery Against 'Sick Company' Not Barred If It Doesn't Affect Company's Properties Or Revival Scheme : Supreme Court

If the recovery proceedings against the Sick Company do not pose a threat to its properties or have adversely impacted the scheme of the revival of the Sick Company, then there wouldn't be a bar for filing a suit for the recovery of the dues against the Sick Company, observed the Supreme Court.Concurring with the findings of the High Court, the bench comprising Justices JB Pardiwala and...

Non-Bailable Warrants Shouldn't Be Issued Unless Accused Charged With Heinous Crime Is Likely To Abscond Or Destroy Evidence: Supreme Court

The Supreme Court, in a judgment delivered on May 1, cautioned against the routine issuance of non-bailable warrants. The Court said that non-bailalbe warrants not be issued unless the accused is charged with a heinous crime, and is likely to evade the process of law or tamper/destroy evidence. “While there are no comprehensive set of guidelines for the issuance of nonbailable warrants,...

Supreme Court Criminal Digest -March 2024

Anticipatory Bail Custodial interrogation is one of the effective modes of investigating into the alleged crime. It is equally true that just because custodial interrogation is not required that by itself may also not be a ground to release an accused on anticipatory bail if the offences are of a serious nature. However, a mere assertion on the part of the State while opposing the...

AstraZeneca Statement On Rare Vaccine Side Effect : Recalling Supreme Court Verdict On Covid Vaccine Trials & AEFI Reporting

A statement made by AstraZeneca that its vaccine against COVID-19 (which was made and sold in India as Covishield) can cause adverse effects related to blood clotting in rare cases has created a certain degree of panic among some people in India, particularly among those who received the Covishield vaccine. However, many in the medical field point out that the statement by AstraZeneca - which...

Should Penal Provisions Of Customs Act, GST Act Etc. Be Compatible With CrPC? Supreme Court Starts Hearing

The Supreme Court today(May 1) started hearing a batch of 281 petitions challenging penal provisions of various laws such as the Customs Act, Excise Act and GST Act as non-compatible with the Code of Criminal Procedure (CrPC) and the Constitution.The pleas were listed before a Bench of Justices Sanjiv Khanna, MM Sundresh and Bela M Trivedi. After a day-long hearing, the same would again be...

Chargesheet Must Contain Clear & Complete Entries, Specify Role Of Each Accused; Witness Statements Be Enclosed With It : Supreme Court

Taking note of the importance of the submission of a charge sheet to take cognizance of an offence by a magistrate, the Supreme Court on Wednesday (May 1) observed that the charge sheet must contain clear and complete entries of all columns to enable the court to understand which crime has been committed by which accused and what is the material evidence available on the file.“Therefore,...

Are Private Properties Included In "Material Resource Of Community" Under Article 39(b)? Supreme Court 9-Judge Bench Reserves Judgment

The Supreme Court Constitution Bench today (May 1) reserved its judgement on the issue of whether private resources form part of the 'material resource of the community' under Article 39(b) of the Constitution. The Court concluded the hearing after 5 days of arguments raised on the issues of what constitutes a community, the subjective under tones of 'material resource' as well as the fate...

'Misconceived' : Supreme Court Registry Rejects Centre's Application To Clarify 2G Case Verdict For Administrative Allotment Of Spectrum

The Supreme Court's Registrar refused to receive the application filed by the Union Government seeking clarification of the 2012 judgment in the 2G Spectrum case. The Government sought a clarification that the verdict does not bar the allocation of spectrum through means other than public auction in certain situations.Stating that the application was in effect seeking a review of the...

State Can Impose Stamp Duty On Insurance Policies Executed Within State, But Only Parliament Can Fix The Rate :Supreme Court

The Supreme Court on April 30 dismissed the appeals filed by the Life Insurance Corporation (LIC) against the demand of stamp duty of approximately Rs 1.19 crores raised by the State of Rajasthan. The Court upheld the legislative competence of the State to levy stamp duty on insurance policies executed within the State subject to the rates determined by the Central legislation.The...

Vacations Spent To Write Judgments, Judges Don't Get Weekend Holidays Too; People Who Criticise Don't Realise This : Justice BR Gavai

An interesting discussion regarding the vacations of judges took place in the Supreme Court during the hearing of a case when Justice BR Gavai revealed that vacations are mostly used to write judgments in complex matters.Justice Gavai further stated that people who criticise judges for vacations do not realise that they do not get holidays even on Saturdays and Sundays due to conferences...

Manish Sisodia, Other Accused Caused Delay In Trial Of ED's Liquor Policy Case, Apparent Attempts To Slow Down Progress: Delhi Court

A Delhi Court yesterday rejected former Deputy Chief Minister Manish Sisodia's plea that the proceedings in the money laundering case related to the alleged liquor policy scam have been delayed or that the case is proceedings at a snail's pace.Special judge Kaveri Baweja of Rouse Avenue Courts observed the so­ called delay is clearly on account of reasons attributable to the AAP leader...