The Bizarre Logic In Supreme Court's Judgment Denying Bail To Manish Sisodia

Though the Court exposed certain fallacies in the ED and the CBI cases, it refrained from taking the judgment to the logical conclusion.

Law Does Not Require Only An Independent Witness To Prove NDPS Act Charges: Supreme Court

The Supreme Court recently held that the law does not require only an independent witness to prove a charge attracting the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). A bench of Justice M M Sundresh and Justice Aravind Kumar made the observation while considering a case where the appellant had been found guilty of an offence under Section 15 of the NDPS...

Farmers Who Sell Grains To Govt Can't Be Shown As Borrowers In Paddy Receipt Sheets, Their Credit Rating Can't Be Affected : Kerala High Court

The Kerala High Court yesterday held that farmers who sell their paddy to the Government of Kerala through Supplyco(Kerala State Civil Supplies Corporation) under the tripartite agreement cannot be treated as borrowers. It noted that under the tripartite agreement, Supplyco has to obtain loan from the bank to make payments to the farmers, so Supplyco is the borrower and not the...

Husband's Request To Father-in-Law For Money To Arrange Job With Assurance Of Repayment Not 'Dowry Demand' : Orissa High Court

The Orissa High Court has held that a request for a sum of money by the husband to his in-laws for arranging a job for himself, which he assured to repay, will not amount to demand of ‘dowry’ as per Section 2 of the Dowry Prohibition Act.The Single Bench of Justice Sangam Kumar Sahoo was hearing an appeal filed a person accused of committing murder of his wife in connection with demand...

Extra-Judicial Confession Must Be Of Sterling Quality: Supreme Court Doubts 'Confession' To Brother Of Deceased

The Supreme Court recently while acquitting a convict in a murder case held that evidence of persons before whom extra-judicial confession is made must be of sterling quality.The Court observed, “When prosecution relies upon the evidence of extra-judicial confession, normally, the Court will expect that the evidence of the persons before whom extra-judicial confession is allegedly made must...

Magistrate Can't Entertain Protest Petition Against Own Order Taking Cognisance: Supreme Court

Judicial Magistrate cannot entertain a protest petition against an order taking cognisance of a final report, held the Supreme Court in a recent judgment.In this case, a Chief Judicial Magistrate took congizance against one accused for the offence of murder based on a final report filed by the Crime Investigation Department.The victim's father filed a protest petition taking objection to...

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Live-in Relationship Without Dissolving Previous Marriage May Amount To Bigamy: Punjab & Haryana High Court

The Punjab & Haryana High Court has said that living together with another woman, without dissolving the marriage from earlier spouse may amount to offence of bigamy under Sections 494, 495 of the IPC.Justice Kuldeep Tiwari said, "...without obtaining any valid decree of divorce from his earlier spouse and during subsistence of his earlier marriage, the petitioner No.2 is living a lustful...

Supreme Court Criminal Digest September 2023

Bail - One cannot apply one bail order to all the other subsequent cases. (Para 8) PACL v. Central Bureau of Investigation, 2023 LiveLaw (SC) 747 : 2023 INSC 795Can anticipatory bail be granted to proclaimed offender? only in exceptional & rare cases, holds the Supreme Court. State of Haryana v. Dharamraj, 2023 LiveLaw (SC) 739 : 2023 INSC 784Certified copy can be produced to prove...

UAPA | Bail Can't Be Denied Merely Because Allegations Are Serious If There Is No Prima Facie Case : Punjab & Haryana High Court

The Punjab & Haryana High Court has granted bail to a man booked under stringent Unlawful Prevention of Activities Act (UAPA), observing that there was no prima facie case made out in the case for allegedly planning to commit some terrorist acts based on relations with Pakistan.A division bench of Acting Chief Justice Ritu Bahri and Justice Manisha Batra noted that, "on the basis...

Agreement To Sell Doesn't Transfer Ownership Rights Or Confer Title : Supreme Court

The Supreme Court reiterated that an agreement to sell does not transfer ownership rights or confers any title."Agreement to Sell is not a conveyance; it does not transfer ownership rights or confers any title," observed a bench comprising Justices Vikram Nath and Rajesh Bindal.Therefore, the bench held that the agreement to sell was not barred under the Karnataka Prevention of Fragmentation...

Eateries Must Exhibit Date & Time Of Food Preparation On Packaging: Kerala High Court In 'Shawarma Death' Case

The Kerala High Court on Tuesday directed the issuance of instructions to eateries to exhibit the date and time of preparation of food articles on its packaging. The Court issued the direction while considering a plea by the mother of a 16-year-old who lost her life in 2022, upon consuming the dish, 'Shawarma'. Justice Devan Ramachandran in this regard, also directed necessary steps to be...