Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
Supreme Court said that once there is no eyewitness of the incident, the prosecution will have to establish a motive for the commission of the crime because in a case of no direct evidence, motive has a major role.
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The Supreme Court was hearing a petition against the Varanasi District Court’s Order wherein ASI was directed to undertake scientific survey of the Gyanvapi Mosque to find out whether the same was constructed over a pre-existing structure of Hindu Temple.
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The Supreme Court called the matter at hand a classic case in which a litigant had been able to mislead the Courts and authorities at different levels to put life into his stale claim.
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While summarising the principles for altering conviction under Section 304 Part I of the IPC to Section 304 Part II of the IPC, the Supreme Court highlighted the difference between ‘guilty intention’ and ‘guilty knowledge’.
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In the case at hand, PVVNL had argued that the rights of electricity suppliers were not subordinate and subject to the ‘priority of claims’ mechanism under the IBC.
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Supreme Court regarded the result of ossification or bone test in the instant matter, as the most authentic evidence for being corroborated by the examining doctor as well.
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The instant matter related to a person killed while he was travelling with his group on scooter, allegedly by constables patrolling the village, which was investigated by the Central Bureau of Investigation (‘CBI’).
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A chargesheet was filed against the Juvenile Delinquent for offences under Sections 363, 366-A, 368, 376 of the IPC and Section 3, 4, 16 and 17 of the JJ Act.
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“Offences of forging documents for transferring ownership of land worth crores are grave in nature. Hence, while it is extremely important to protect the personal liberty of a person, it is equally incumbent to analyse the seriousness of the offence and determine if there is a need for custodial interrogation.”
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The Court observed that the recommendations made by an Expert Committee are not binding on the NGT, they are only by way of assistance to enable the NGT to arrive at a correct decision in the matter.
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Supreme Court advised the petitioner to secure appropriate treatment for spinal disorder during the given period of 6 weeks.
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Supreme Court said that it will take recourse to the coercive arm of law, if any such incident occurs in the future. Also warned that there shall be no impediment in the work of legal defense counsel.
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Supreme Court held that not putting a quietus to the prolonged dispute at hand, spanning 38 years, on something as simple as tenancy issue, would be a travesty of justice.
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Supreme Court did not deem it safe to base the conviction only on the testimony of child witness which did not inspire confidence and acquitted the appellant.
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The question before the Court was whether an application remaining pending for an unreasonable period could in itself be classified as an arbitrary and unreasonable act?
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Supreme Court allowed SK Mishra to continue his services as ED Director till 31-07-2023.
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A party to a proceeding cannot be permitted to challenge the Award and abide by it at its own free will; garner benefit from it; get the opposite party to effectively alter its position; and then press its challenge after the passage of a considerable length of time.
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Supreme Court expressed that the legislature would not have intended two entries for self-safe commodity making one taxable and the other exempted from tax.
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Supreme Court held that the Punjab and Haryana High Court was not right in setting aside the judgment of the First Appellate Court and restoring the judgment of the Trial Court, granting the respondent compassionate appointment in Bank of Baroda.
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The Court also said that the right to repurchase can always be assigned and the contract containing such condition shall be enforceable, with only exception that such a right should not be personal in nature.
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