“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-VII]

Q.31 What is the test for making “conduct” admissible under Section 8 of the Evidence Act ? Ans. In order to be admissible under Section 8 of the Evidence Act, the conduct of the accused should have a close nexus with the “fact in issue” or “relevant fact”. Explanation 1 to Section 8 makes the position clear. (Vide paras 205 and 206 of State (NCT of Delhi) v....

100 Important Judgments Of Supreme Court 2023 -Part 3[51-75]

As is the annual tradition, LiveLaw brings to you the list of 100 important Supreme Court judgments of the current year - a much awaited article by our dear readers.The judgments are selected based on the following criteria - (i) importance to the general public; (ii) settlement of a contested position of law; (iii) utility for practising lawyers, judges and students.A disclaimer is added...

Supreme Court Constitution Bench Judgments & Hearings Of 2023

The year 2023 has witnessed several important judgments delivered by Constitution Benches. Be it the constitutional validity of Article 370, the marriage equality petitions, the challenge to the 2016 demonetisation scheme of the Centre or the political crises in Maharashtra and Delhi, these cases, touched upon different significant issues. There were 18 judgments delivered by the...

Section 498A IPC- Important Supreme Court & High Court Judgments of 2023

Supreme Court Judgments- 498A Indian Penal Code, 1860 Conviction U/S 498A IPC Not Sustainable When Marriage Is Found To Be Null & Void Case Title: P Sivakumar vs State | 2023 LiveLaw (SC) 116 Coram: Justices B R Gavai and Vikram Nath The Supreme Court reiterated that the conviction under Section 498-A IPC would not be sustainable when the marriage was found to be null...

Non-Obstante Clause In S. 109A(3) Of Companies Act 1956 Doesn't Exclude Legal Heir From Claiming Securities Against Nominee: Supreme Court

The Supreme Court has held that the non-obstante clause in both Section 109A(3) of the Companies Act, 1956 & Bye-law 9.11.7 of the Depositories Act, 1996, does not exclude the legal heirs from their rightful claim over the securities, against the nominee.The sole purpose of the non-obstante clause is to allow the company to vest shares upon the nominee to the exclusion of any other...

LIVE Now : 4th Professor Shamnad Basheer Memorial Lecture By Prof.Mohanl Gopal

LIVELAW is organising 'The Fourth Professor Shamnad Basheer Memorial Lecture 2023' on the topic 'The Judiciary In A Democracy: Contemporary Challenges And Responsibility. The lecture will be delivered by Prof. (Dr.) G Mohan Gopal.Dr. G Mohan Gopal, was Director of the National Judicial Academy from 2006 to 2011. From 2012-2019 Prof. Gopal was the founder Chair of the National Court...

Parliament Security Breach: Delhi High Court Stays Trial Court Order For Supply Of UAPA FIR To Accused Neelam Azad

The Delhi High Court on Friday stayed a trial court order directing the Delhi Police to supply copy of the FIR, registered by it under Unlawful Activities (Prevention) Act, to accused Neelam Azad, arrested over recent security breach in the Parliament.Justice Swarana Kanta Sharma stayed the execution of the trial court order passed yesterday and issued notice on Delhi Police's plea which...

Criminal Minor Acts - Supreme Court Half Yearly Digest 2023

Juvenile Justice (Care and Protection of Children) Act, 2015Juvenile Justice (Care and Protection of Children) Act, 2015 - Section 9 (2) - Once the applicant has discharged his onus, in support of his claim of juvenility by producing the date of birth certificate from the school, the State had to come up with any compelling contradictory evidence to show that the recordal of his date of birth...

Nomination Process Under Companies Act Does Not Override Succession Laws: Supreme Court

The Supreme Court has held that the nomination process under the Companies Act, 1956 (pari materia Companies Act, 2013) does not override succession laws. It is beyond the scope of the company's affairs to facilitate succession planning of the shareholder. In case of a Will, it is upon the administrator or executor under the Indian Succession Act, 1925, or in case of intestate succession,...

“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-VI]

Q.26 Whether a “confession” made while in “police custody” is admissible in evidence and is there any exception ? Ans. No. A mere confession made by an accused person to a police officer cannot be proved against such accused person in view of the bar under Section 25 of the Evidence Act. Likewise, a confession made while in the custody of a police officer also cannot be...

Supreme Court Judgments On Bail In 2023

Accused Not Entitled To Default Bail When First Extension(Passed In Absence Of Accused) Wasn't Challenged & Second Extension Was Passed In His Presence: SCThe Supreme Court held that an accused cannot claim the benefit of default bail when he did not challenge the first extension of time granted for investigation and the second extension was granted in his presence, and when the...

Supreme Court Initiates Public Consultation To Prevent Use Of Harmful Stereotypes Against Persons With Disabilities In Legal Setting

Supreme Court Calls For Public Consultation On Harmful Stereotypes Concerning Persons With Disabilities In Legal ContextIn 2023, the Supreme Court took a significant step by unveiling the 'Handbook on Combating Gender Stereotypes,' designed to assist legal professionals in recognizing and steering clear of detrimental language and stereotypes related to women. As an extension of its commitment...