Distinction Between 'Common Intention' & 'Common Object' : Supreme Court Explains While Setting Aside Conviction In Triple Murder Case

The Supreme Court recently revisited a critical distinction between "common intention" and "common object", which are mentioned in Sections 34 and 149 of the Indian Penal Code (IPC) respectively. The Court relied on Chittarmal v. State of Rajasthan, which had previously addressed the conversion of charges from Section 302 read with Section 149 of IPC to Section 302 read with Section 34 of...

S.141 NI Act - Only That Person Who Was Responsible For Conduct Of Company's Affairs At The Time Of Cheque Dishonour Is Liable: Supreme Court

In a judgment pronounced on October 11, the Supreme Court reiterated the principles relating to liability of a director of a company for the dishonour of a cheque issued by the company.Referring to Section 141(a) of the Negotiable Instruments Act 1881, the Court said, "only that person who, at the time the offence was committed, was in charge of and was responsible to the company for the...

'Every Bench Of Supreme Court Is SC' : Justice Nagarathna Reprimands Union For Approaching CJI To Recall Order Passed By Another Bench

Supreme Court judge Justice BV Nagarathna on Wednesday admonished the Union Government for orally mentioning before the Chief Justice of India an application to recall an order passed by a bench comprising Justices Hima Kohli and Justice BV Nagarathna.Justice Nagarathna said that she was ‘disturbed and concerned’ by the action of the Union approaching the Chief Justice for interference of...

Supreme Court Criminal Law Digest: July 2023

1996 Lajpat Nagar blast case - The bomb blast caused at the behest of the accused persons resulted in the death of 13 persons and 38 persons suffered injuries. There was further damage caused to the livelihood of the shopkeepers, whose shops were burnt down due to the said bomb blast. It is evident that these accused persons were part of the plan for future blasts in the nation as well....

Reconsider Contempt Notices To Advocates, Who Aren't Bar Council Office Bearers, For Not Appearing On Strike Day : Supreme Court To MP High Court

The Supreme Court on (October 10) heard an appeal challenging the Madhya Pradesh High Court’s order wherein a Suo Motu case was taken up by the Court in the wake of a strike by the lawyers in the State against a scheme for disposing of pending cases.In the impugned order, the High Court directed “If any lawyer deliberately avoids to attend the court, it shall be presumed that there...

Supreme Court Restores Cheating Case Against Actor Rajinikanth's Wife Latha; Gives Her Liberty To Seek Discharge Before Trial Court

The Supreme Court on Tuesday (October 10) restored a cheating case against Tamil superstar Rajinikanth's wife Latha on a complaint filed by a Chennai based advertising company in relation to the alleged non-payment of dues for the promotion works for the 2014 film "Kochadaiiyaan". The Court however granted Latha Rajinikanth to file an application before the Trial Court seeking discharge from...

Delhi Air Pollution: Supreme Court Asks Commission For Air Quality Management About Steps Taken To Control Air Pollution In NCR

The Supreme Court on Tuesday (October 10) called upon the Commission for Air Quality Management (CAQM) to inform the Court about the steps taken concerning the air pollution in and around the National Capital.While hearing a bunch of petitions in M.C. Mehta v. Union of India and Ors., the Bench comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia, ordered:“Amicus (Senior...

Does CrPC Apply To Customs Act? Supreme Court To Decide In DRI's Appeal Against Adani Enterprises

The Supreme Court on Tuesday (10 Oct) directed that the case of Directorate of Revenue Intelligence(DRI) v. Adani Enterprises Ltd would be heard along with the case of Senior Intelligence Officer v. Sanjay Agarwal where 2 questions framed earlier by the Supreme Court have relevance in the present case.Those 2 questions are as follows-Whether the Customs/DRI Officers are police officers and,...

Insisting That Donor Egg Cannot Be Used For Gestational Surrogacy Is Prima Facie Against Surrogacy Rules: Supreme Court

The Supreme Court has observed that insisting that only the egg and the sperm of an intending couple can be used for gestational surrogacy is prima facie against Rule 14(a) of the Surrogacy (Regulation) Rules, 2022. A new amendment introduced in March 2023 to Form 2 read with Rule 7 of the Surrogacy Rules specifies that donor eggs cannot be used for gestational surrogacy of an intending...

When PM CARES Fund Is Given CSR Benefit, Can CM Relief Fund Be Excluded? Supreme Court To Hear Rajasthan's Suit

In a significant legal development, the Supreme Court highlighted the issues for consideration in an original suit filed under Article 131 of the Constitution by the State of Rajasthan alleging discrimination in the treatment of the Chief Minister's Relief Fund for COVID-19 (CM Relief Fund) as compared to the Prime Minister's Citizen Assistance and Relief in Emergency Situation Fund (PM...

Advocates Cannot Claim Right Of Legal Representation Under Industrial Disputes Act: Supreme Court Answers Reference

The Supreme Court has affirmed that an Advocate cannot claim the right of legal representation under the the Industrial Disputes Act, 1947. Agreeing with the view expressed in Paradip Port Trust, Paradip vs. Their Workmen (1977) 2 SCC 339, a three-judge bench comprising Justices Sanjay Kishan Kaul, CT Ravikumar, and Sudhanshu Dhulia answered a reference against the judgment.The issue that...

Chandrababu Naidu's Plea : Will Remand Order Be Valid If PC Act Offences Go Due To Lack Of Sec 17A Sanction? Supreme Court Asks AP CID

The Supreme Court on Tuesday, while hearing former Andhra Pradesh Chief Minister N Chandrababu Naidu's plea, asked the Andhra Pradesh Crime Investigation Department (AP CID) whether the order of a special court remanding the legislator to custody would be valid even if the offences under the Prevention of Corruption Act do not survive or are dropped on grounds of non-compliance with the...