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“The judicial system of our country often finds itself grappling with the pervasive issues of prolonged delay and suspected political influence within the legal proceedings.”
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on retracted confession.
In Zahoor Ahmad Shah Watali v. National Investigating Agency, 2018 SCC OnLine Del 11185, the accused under various provisions of IPC and UAPA was released on bail by the High Court, conducting a mini trial and determining admissibility of certain evidence which clearly exceeded the limited scope of a bail proceeding, hence, the Supreme Court in NIA v. Zahoor Ahmad Shah Watali, (2019) 5 SCC 1, cancelled the said grant of bail.
Supreme Court said the petitioners must consider challenging the State provision in the Act and that they should have first approached their jurisdictional High Courts to challenge their respective State enactments.
Should the Court find the instrument to be chargeable with duty, but it is either not stamped or is insufficiently stamped, it is bound by Section 33 of the Karnataka Stamp Act, 1957 to impound the same. Section 34 also places a fetter on the Court’s authority to admit an instrument which, though chargeable with duty, is not duly stamped.
“The deserved punishment proportionate to the gravity of the offence is a continuous and continuing demand based on civic sense and unfailing in categories of serious offences where more than individual interest is also involved, the above rule of proportionality in providing punishment should not failed as otherwise it will impact the society.”
Supreme Court directed NTA to complete this exercise till Saturday noon.
In National Legal Services Authority v. Union of India, (2014) 5 SCC 438, the Court directed the Centre and State Governments to treat transgender persons as ‘Socially and Educationally Backward Classes’ of citizens and extend reservation in admission in educational institutions and for public appointments.
“Legitimate expectation, jurisprudentially, was a device created to maintain a check on arbitrariness in state action. It does not extend to and cannot govern the operation of contracts between private parties, wherein the doctrine of promissory estoppel holds the field.”
Supreme Court said that the finding of the Trial Court on the ground to proceed against the accused is based on suppositions and suspicions, having no foundational support from the materials produced by the prosecution.
The Telangana High Court’s order quashing the cheating case against BMW was upheld and the direction for the replacement of the old defective vehicle with a new vehicle was set aside.
In 2022, the Supreme Court had stayed the criminal prosecution against the accused Army men, after noting that the sanction under AFSPA has not been obtained.
The Committee shall identify the number of investors and database of investors, and also determine the amount to be refunded to each investor. An Escrow Account with a bank designated by SEBI, shall be opened and all sale proceeds shall be deposited in that interest-bearing account.
In the previous order, the Supreme Court also directed the Executive Committee to compile all the suggestions received from members of the Bar and place it on record
“Administrative bodies must have the freedom to establish and implement internal procedures and regulations that best suit their unique mandates and operational needs”
Income Tax Authorities conducted a raid at DK Shivakumar’s house and allegedly recovered Rs.8,59,69,100/- and CBI registered an FIR for offence punishable under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988.
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on adoption by a married Hindu female.
“People do not purchase the high-end luxurious cars to suffer discomfort more particularly when they buy the vehicle keeping utmost faith in the supplier who would make the representations in the brochures or the advertisements projecting and promoting such cars as the finest and safest automobile in the world.”
“Any undue indulgence and latitude to the ED will be deleterious to the constitutional values of rule of law and life and liberty of persons. An officer cannot be allowed to selectively pick and choose material implicating the person to be arrested. They have to equally apply their mind to other material which absolves and exculpates the arrestee.”