High Courts’ Territorial Jurisdiction under Articles 226 and 227 Over Orders Passed by Appellate Tribunals: A Need for Course Correction
by Hiresh Choudhary* and Surbhi Sharma**
Supreme Court
‘Not enough material to upset Trial Court’s acquittal order, especially when there was no evidence regarding death being result of homicide’; SC sets aside husband’s conviction under S. 302 IPC
The High Court unfortunately reversed the acquittal without anything other than a finding on alibi having not been proved and the accused not having offered any explanation regarding the death of the deceased, which occurred while they were living together.
Is Time of Essence: A Test of IBC’s Timelines and Accountability
by Aseem Chaturvedi*, Arpit Kumar Singh**, Siddhant Kumar*** and Amaan Khan****
Know why Supreme Court upheld Calcutta High Court’s decision to cancel entire West Bengal SSC teacher recruitment process of 2016
“Despite the factual background and the credible evidence indicating irregularities, WBSSC initially did try and cover up the lapses and illegalities. The cover up itself has made the verification and ascertainment more difficult or rather impossible given the scale of camouflage and dressing up done at each stage. We are convinced that the entire selection process was intentionally compromised due to the illegalities involved.”
Government appoints AOR Abhikalp Pratap Singh as Standing Counsel for Meghalaya before SC
He also serves as Government Counsel for the States of Maharashtra and Madhya Pradesh before the Supreme Court.
‘Contribute to legal system instead of fighting cases against each other’; SC quashes cross FIRs & proceedings ending dispute between 2 Kodaikanal lawyers
“Even if the litigants do not understand what is in their best interest, it is the duty of the Court to deliver substantial justice.”
Supreme Court enhances compensation for BDO who lost both his legs in a 25-year-old motor accident
“Finding that the driver was not cautious is one thing and finding negligence is quite another thing. Prima facie, the negligence was on the trailer driver as discernible from the evidence recorded before the Tribunal; standard of proof required being preponderance of probability”.
Accuracy of averment made in written statement must be decided by Trial Court on conclusion of evidence at time of suit’s final determination: SC
Counsel for the appellant argued that allegations in the FIR do not constitute any offence. If any averment made in the written statement or the affidavit filed before the Civil Court is incorrect or false, it is for the Civil Court to decide the same.
“‘Degree’ includes bachelor’s, master’s, and doctorate”; Supreme Court sets aside Jharkhand HC order disqualifying master’s degree holders for FSO Post
Supreme Court found no logic or rationale behind excluding candidates holding Master’s or Doctorate degrees in these subjects from claiming the post of FSO, as such an interpretation would have been unjust, arbitrary, and unconstitutional.
‘If intention was to kill, there was no reason not to use sharp side of axe’; SC converts nephew’s conviction from under S. 302 to S. 304 Part I of IPC in uncle’s killing
“Merely because the witnesses are relatives of the deceased, and as such are interested witnesses, that alone cannot be a ground to discard their testimony. The only requirement is that the testimony of such witnesses has to be scrutinized with greater caution and circumspection.”
There must be a right balance between hearing appeals against conviction where accused are in prison & where accused are on bail: SC
“Considering the pendency of very old criminal appeals, priority is usually given to the hearing of the appeals where the accused are in prison. The appeals against conviction where the accused are on bail take a backseat”.
‘Alleged offence was repeated thrice in the same manner, when woman willingly accompanied accused to hotel room’: SC quashes rape case against 22-year-old man
“There was no promise of marriage to coerce consent from the complainant for sexual intercourse.”
Supreme Court orders Uttarakhand Govt. to pay Rs. 1 crore to family of doctor killed on duty after 9 years of legal battle
“Prima facie, even after the proposal to pay Rs. 50 lakhs to the family of the deceased were approved by the Chief Secretary, this decision has not been honored, and the family has been engaged in litigation for over nine years.”
‘Mere presence at the spot, or arrest therefrom, not sufficient to prove that they were part of unlawful assembly’; SC acquits 6 in 2002 Gujarat Riots Case
“In cases of group clashes where a large number of persons are involved, an onerous duty is cast upon the Courts to ensure that no innocent bystander is convicted and deprived of his liberty.”
Read why SC refused bail to retired IAS Pradeep Nirankarnath Sharma in illegal land allotment case
The Court also refused to issue a blanket direction restraining the registration of FIRs against him or mandating a preliminary inquiry in all future cases involving him, opining that such a direction would not only be contrary to the statutory framework of the CrPC but would also amount to judicial overreach.
Supreme Court advocates direct bank transfer of compensation to streamline motor accident claims process
“Our country has done wonders in digital payment transactions. It is a matter of common knowledge that now under various schemes of the Government, funds are transferred to the beneficiaries directly in their bank accounts. As per the rough estimate, about 80% of the adult population in the country have bank accounts.”
CJI constitutes 3-member committee to inquire cash-in-house row; Justice Yashwant Varma signals conspiracy to frame and malign him
Chief Justice of Delhi High Court Devendra Kumar Upadhyaya has been directed to not assign any judicial work to Justice Yashwant Varma.
1990 Kashmir University VC murder case | Supreme Court upholds acquittal of six accused due to procedural lapses in TADA confessions
“In this case, the procedural safeguards were completely disregarded. The Special Court refrained from explicitly stating or declaring that this amounted to an abuse of power and authority. It was indeed a sad reflection on how the investigation and trial unfolded, where truth and justice, for both the victims and the accused, remained elusive. It was not without reason that such draconian provisions have since been repealed”
Supreme Court initiates enquiry against Delhi HC Judge Yashwant Varma over alleged cash-in-house row
Reports suggest that the cash was found when a fire brigade reached Justice Varma’s residence to douse a fire. Allegedly Justice Varma was not at his residence then.