Supreme Court Weekly Round Up : August 8- August 14, 2022

Supreme Court Judgments Section 311 CrPC Application Cannot Be Dismissed Merely On The Ground That It Will Lead To Filling In Loop Holes Of Prosecution Case: Supreme Court Case details: Varsha Garg vs State of Madhya Pradesh 2022 LiveLaw (SC) 662 | CrA 1021 of 2022 The Supreme Court observed that an application under Section 311 CrPC cannot be dismissed merely on the ground that it will lead to filling in the loopholes of the prosecution's case. The power must be exercised wherever the court finds that any evidence is essential for the just decision of the case and is not constrained by the closure of evidence, the bench comprising Justices DY Chandrachud and AS Bopanna observed. Conviction Solely On The Basis Of Extra Judicial Confession Cannot Be Sustained: Supreme Court Case details: State of Rajasthan vs Kistoora Ram | 2022 LiveLaw (SC) 663 | CrA 2119 OF 2010 Extra judicial confession was a weak piece of evidence and unless there was some corroboration, the conviction solely on the basis of extra judicial confession could not be sustained, the Supreme Court observed while upholding a High Court judgment which acquitted a murder accused. "Possibility Of Accused Being Short Tempered" : Supreme Court Modifies Conviction Of SRK's Security Guard Who Killed Colleague Case Title: Yatendrasingh Ajabsingh Chauhan vs State of Maharashtra | 2022 LiveLaw (SC) 664 | CrA 822 OF 2018 In a judgment delivered last week , the Supreme Court took into account the possibility of the accused being short tempered to modify his conviction to Section 302 IPC to Section 304 Part 1 IPC. "It cannot be disputed that how a person responds to a particular situation would depend upon the temperament of a particular person. A hot tempered person may react differently as compared to a cool headed person", the bench comprising Justices BR Gavai and PS Narasimha observed. Term Of Future NCLT Members Should Be 5 Years, Supreme Court Tells Centre While Refusing To Extend 3 Yr Term Of Those Appointed In 2019 Case Title: National Company Law Tribunal Bar Association Vs Union Of India| 2022 LiveLaw (SC) 665 The Supreme Court turned down a plea seeking modification of the tenure of members of National Company Law Tribunal (NCLT) appointed pursuant to the notification dated 20.09.2019 issued by the Ministry of Corporate Affairs, from 3 years to 5 years. It refused to extend tenure for the concerned 23 members, but clarified that while making appointments in future the Central Government would be bound by Section 413 of the Companies Act, 2013, which prescribes the tenure of the members of NCLT to be 5 years. The Apex Court was of the view that an administrative notification for appointment ought to be consistent with the statute. Rule Of Evidence To Prove Charges In A Criminal Trial Cannot Be Used While Deciding Motor Accident Compensation Claims: Supreme Court Case Details: Janabai Dinkarrao Ghorpade vs ICICI Lambord Issurance Company Limited | 2022 LiveLaw (SC) 666 | SLP (C) 21077 of 2019 The Supreme Court observed that the rule of evidence to prove charges in a criminal trial cannot be used while deciding an application seeking motor accident compensation. Such an application has to be decided on the basis of evidence led before it and not on the basis of evidence which should have been or could have been led in a criminal trial, the bench comprising Justices Hemant Gupta and Vikram Nath observed. "Poor Illiterate Lady", "Senior Citizen","Rural Background" : Supreme Court Reduces Sentence Awarded To An NDPS Convict Case details: Budhiyarin Bai vs State of Chhattisgarh | 2022 LiveLaw (SC) 667 | CrA 1218 OF 2022 The Supreme Court reduced sentence awarded to an aged and illiterate lady who was found guilty of possession of the commercial quantity of illegal 'Ganja'(Cannabis). Budhiyarin Bai along with her two children were charged under Section 20(b)(ii)(C) of the NDPS Act for having joint possession of the commercial quantity of illegal 'Ganja'(Cannabis) of 05 quintal and 21.5 kilogram. Two others were also charged under Section 27A of the NDPS Act that they delivered the illegal cannabis. The Trial Court convicted Budhiyarin Bai and acquitted other four persons of all the charges. She was sentenced for 15 years' rigorous imprisonment and a fine of Rs. 1 lakh. The prosecution did not challenge the acquittal of four co-accused. The appeal filed by Budhiyarin Bai was dismissed by the Chhattisgarh High Court. While considering her appeal, the Apex Court bench of Justices Ajay Rastogi and CT Ravikumar noted that neither the trial Court nor the High Court has considered that the lady was illiterate and a senior citizen. She was indeed residing but completely unknown to law, with two grown up children, with no previous background of being...

Supreme Court Weekly Round Up : August 8- August 14, 2022

Shruti Kakkar

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