Supreme Court Weekly Round Up: July 17 To July 23, 2022

Supreme Court Judgements Opportunity Of Hearing Not Required To Be Afforded To Army Officers Before Suspending Them Pending Court Of Inquiry : Supreme Court Case Stat: Col. Vineet Raman Sharda vs Union of India | 2022 LiveLaw (SC) 606 The Supreme Court observed that opportunity of hearing is not required to be afforded to army officers before suspending them pending the Court of Inquiry. Even under Regulation 349 also, there is no requirement of such a procedure to be followed, the bench of Justices MR Shah and BV Nagarathna observed. By Merely Denying Landlord-Tenant Relationship, Defendant In Eviction Suit Can't Enjoy Property During Pendency Without Depositing Rent : Supreme Court Case Title: Asha Rani Gupta v Sir Vineet Kumar| Civil Appeal 4682 of 2022| 2022 LiveLaw (SC) 607 The Supreme Court has observed that a defendant cannot enjoy the property during pendency of suit without depositing the amount of rent/damages by merely denying the relationship of landlord- tenant/lessor-lessee. Multiplicity Of Proceedings Not In Larger Public Interest : Supreme Court Directs Clubbing Of FIRs State-Wise Against An Accused Case Title: Abhishek Singh Chauhan vs Union of India | 2022 LiveLaw (SC) 608 | WP (Crl) 40/2022 The Supreme Court, in a recent order, directed State-wise clubbing of the FIRs filed against an accused in different states. We are of the opinion that multiplicity of the proceedings will not be in the larger public interest, the bench comprising Justices AM Khanwilkar and JB Pardiwala observed. Considerations To Decide Whether A Culpable Homicide Amounts To Murder Or Not : Supreme Court Explains Case Title: Ajmal vs State of Kerala 2022 LiveLaw (SC) 609 In a recent judgment, the Supreme Court reiterated its views regarding considerations relevant for determining a culpable homicide amounting to murder and distinguishing it from the culpable homicide not amounting to murder. Statements Made U/Sec 161 CrPC Relevant In Considering Prima Facie Case Against Accused In His Bail Application : Supreme Court Case Title: Indresh Kumar vs State of Uttar Pradesh | 2022 LiveLaw (SC) 610 The Supreme Court observed that statements made under Section 161 of Code of Criminal Procedure are relevant in considering the prima facie case against an accused in an application for grant of bail in case of grave offence. "Ex facie, the allegations are grave, and it cannot be said that there are no materials on record at all", the bench comprising Justices Indira Banerjee and V. Ramasubramanian said while setting aside an order of Allahabad High Court that granted bail to a man accused of rape and murder of eleven year old girl. Army Personnel Not Entitled To Disability Pension If Injury Is Not Attributable To Military Service : Supreme Court Case Title : Union of India vs Ex Naik Ram Singh | 2022 LiveLaw (SC) 611 | CA 9654 OF 2014 Personnel are not eligible for disability pension if there is not even a causal connection between the Military service and injuries. Unless the disability is attributable to or aggravated by military service and is more than 20%, the entitlement to disability pension does not arise, the bench of Justices Abhay S Oka and MM Sundresh observed. Dedication Of Property As Religious Endowment Can Be Inferred From Circumstances ; Express Dedication Or Document Not Required: Supreme Court Case Title: R.M. Sundaram @ Meenakshisundaram vs Sri Kayarohanasamy And Neelayadhakshi Amman Temple | 2022 LiveLaw (SC) 612 The Supreme Court observed that the dedication of a property as a religious endowment does not require an express dedication or document, and can be inferred from the circumstances. Extinction of private character of a property can be inferred from the circumstances and facts on record, including sufficient length of time, which shows user permitted for religious or public purposes, the bench of Justices Ajay Rastogi and Sanjiv Khanna observed thus while holding that Adipooram Thiruvabaranam comprising of the 26 items of jewellery, some of which are embedded with diamonds and precious stones, belongs to the deity Sri Neelayadhakshi Amman of the Sri Kayarohanasamy and Neelayadhakshi Amman Temple. Also Read: Earlier Suit Dismissed On Technical Grounds Without Adjudication On Merits Would Not Operate As Res Judicata: Supreme Court 'Double Presumption Available In Favour Of Accused After Acquittal' : Supreme Court Restores Acquittal In Murder Case Case Title: Ravi Sharma v GNCTD| Criminal Appeal 410/2015| 2022 LiveLaw (SC) 613 The Supreme Court recently restored the acquittal of an accused in a murder case, after finding fault with the High Court for reversing the trial court's order. "The law presumes double presumption in favour of the accused after a due adjudication by the trial Court. We do believe that the High Court could have been slower in reversing...

Supreme Court Weekly Round Up: July 17 To July 23, 2022

Shruti Kakkar

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