Supreme Court Weekly Digest With Subject/Statute Wise Index [January 21 to 31]

Adverse PossessionAdverse Possession - Declaration of title can be sought based on adverse possession. (Para 5) 2024 LiveLaw (SC) 82BailAnticipatory bail cannot be granted merely because the accused is willing to pay an interim compensation. 2024 LiveLaw (SC) 54Bail cannot be cancelled merely due to non-appearance of accused before court. 2024 LiveLaw (SC) 65Cancellation of Bail - Merely because the accused did not appear personally could not have been a ground for cancellation of bail. The parameters for grant of bail and cancellation of bail are totally different. The bail already granted may be cancelled, if it is found that the person who has been granted the benefit of bail has violated any of the conditions or misused the liberty by influencing the witnesses or tampering with the evidence. 2024 LiveLaw (SC) 65Personal Liberty - When the petitioner applied for bail on merits and also on the ground that he had been incarcerated in jail for seven and a half years, the approach of the High Court in only permitting him to file an application for bail before the Trial Court/Sessions Court and not deciding the prayer for bail on merits, would amount to non-exercise of jurisdiction vested in it. The approach of the High Court was not in accordance with the sanctity that has been given to personal liberty in the catena of judgments. 2024 LiveLaw (SC) 78Caste / ReligionWe see no reason for mentioning the caste/religion of any litigant either before this Court or the courts below. Such a practice is to be shunned and must be ceased forthwith. It is therefore deemed appropriate to pass a general order directing that henceforth the caste or religion of parties shall not be mentioned in the memo of parties of a petition/proceeding filed before this Court, irrespective of whether any such details have been furnished before the courts below. A direction is also issued to all the High Courts to ensure that the caste/religion of a litigant does not appear in the memo of parties in any petition/suit/proceeding filed before the High Court or the Subordinate Courts under their respective jurisdictions. The above directions shall be brought to the notice of the members of the Bar as well as the Registry for immediate compliance. A copy of this order shall be placed before the Registrar concerned for perusal and for circulation to the Registrar Generals of all the High Courts for strict compliance. (Para 11 & 12) 2024 LiveLaw (SC) 62ChequeNegotiable Instruments Act, 1881; Section 138 - Question regarding the time-barred nature of an underlying debt or liability in proceedings under Section 138 of the NI Act is a mixed question of law and fact which ought not to be decided by the High Court exercising jurisdiction under Section 482 of the CrPC. (Para 7) 2024 LiveLaw (SC) 76Negotiable Instruments Act, 1881; Section 118(e) and 138 - If the accused is disputing the signature on the cheque, then the certified copies of the signatures from the bank could be summoned from the bank to compare the same with the signature appearing on the cheque. The indorsements on a cheque carry a presumption of genuineness as per Section 118(e) of the Act. Hence, it is incumbent upon the accused to lead evidence to rebut the presumption of genuineness of signatures. (Para 16) 2024 LiveLaw (SC) 64Negotiable Instruments Act, 1881; Section 118(e) and 138 - The accused had not taken any efforts to disprove his signature at the trial stage. No question was put to the witness from the bank regarding the genuineness of the signature. Also, the cheque was returned not on the grounds of any discrepancy in the signatures. If at all, the accused was desirous of proving that the signatures as appearing on the cheque issued from his account were not genuine, then he could have procured a certified copy of his specimen signatures from the Bank and a request could have been made to summon the concerned Bank official in defence for giving evidence regarding the genuineness or otherwise of the signature on the cheque. (Para 16) 2024 LiveLaw (SC) 64Criminal ProcedureSummons - A Magistrate, while issuing the summoning order, shall not act in a casual manner; rather they should be satisfied that there exists a sufficient ground for proceedings against the accused. The recording of the satisfaction of the Magistrate while issuing the summons should not be in a cryptic manner but only when a prima facie case is made out from the allegations. Detailed reasoning is not required from the Magistrate while issuing summons, but the Magistrate also needs to record satisfaction that there exists a sufficient ground for proceedings. (Para 18) 2024 LiveLaw (SC) 75Code of Criminal Procedure, 1973; Section 167 and 173 - Once from the material produced along with the chargesheet, the court is satisfied about the commission of an offence and takes cognizance of the offence allegedly committed by the accused, it is immaterial whether the further investigation in terms of Section...

Supreme Court Weekly Digest With Subject/Statute Wise Index [January 21 to 31]

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