No bar to examine discharged prosecution witness as defense witness: Supreme Court
Supreme Court permitted the appellant to examine the prosecution witness as defense witness and kept it open for the prosecution to cross-examine the said witness.
Supreme Court
Know Thy Judge| Supreme Court of India: Justice Dipankar Datta
Justice Dipankar Datta was born on 09-02-1965 in a Bengali family. He served as a Judge in Calcutta High Court, and as Chief Justice of Bombay High Court, then he was sworn in as Supreme Court Judge on 12-12-2022 by Dr Justice D.Y. Chandrachud, the Chief Justice of India.
Supreme Court grants bail to 24-year-old boy imprisoned for more than 15 months in NDPS case
All other three similarly situated co-accused persons have been granted bail by the Rajasthan High Court.
Know why Supreme Court modified murder conviction to Section 304 part 2 of IPC for one out of four accused
While convicting the said accused under Section 304 Part 2 of IPC, the Court sentenced him to undergo imprisonment for 10 years.
POCSO| Supreme Court sentences 45-year-old man to 30 years imprisonment for raping 7-year-old girl in temple
A fine of Rs. One Lakh was imposed on the victim to meet the medical expenses and rehabilitation of the minor victim.
Govt. accepts Parliamentary Committee’s recommendation for Supreme Court Regional Benches
The matter was sub-judice before the Constitutional Bench of the Supreme Court, and that the Supreme Court had been consistently rejecting the proposal for setting up Supreme Court Benches outside Delhi.
SC upholds Karnataka HC’s decision granting 15% interest on belated refund of Duty Drawback to Civil Construction under Exim Policy 1992-1997
“The benefit of duty drawback would take effect from the date of enforcement of the Exim Policy and in case of belated refund of duty drawback, interest rate fixed by the Central Government at the relevant point of time is applicable”.
Inside Supreme Court verdict on importance of question of jurisdiction at the stage of granting interim relief
“No tribunal, far less a civil court, in exercise of judicial power ought to play ducks and drakes with the rights of the parties.”
When does hiring of motor vehicles give rise to transfer of right to use any goods and amount to sale under Art. 366 (29A) (d)? Supreme Court answers
“Clause 29A(d) of Article 366 of the Constitution of India refers not to the transfer of property in the goods to the buyer but to the transfer of the right to use any goods for any purpose for consideration.”
Chandigarh Mayor Polls | Supreme Court directs election record to be sequestered under custody of PHHC
Supreme Court also directed the meeting of Municipal Corporation, Chandigarh scheduled for 7-02-2024 to be deferred till further orders.
High Court’s jurisdiction specifically excluded under Section 35G of Central Excise Act: Jharkhand HC
Jharkhand High Court said that one of the issues involved relates to determination of valuation of excisable goods and/or rate of duty of excisable goods, amongst other things, for the purpose of assessment.
Know what led the Supreme Court to set aside private tutor’s conviction in 1996 Rape Case
Supreme Court concluded that both the Courts below “completely misread the material available on record”.
Banks can forfeit entire earnest money and not just extent of loss suffered by it due to auction purchaser’s default: SC
Any dilution of the forfeiture provided under Rule 9(5) of SARFAESI Rules would result in entire auction process under SARFAESI Act being disregarded by mischievous auction purchasers through sham bids, thereby undermining the overall object of the Act of promoting financial stability, reducing NPAs and fostering a more efficient and streamlined mechanism for recovery of bad debts.
Never Reported Judgment | Mortgage and cash credit transaction are independent transactions; unliquidated damages for breach of one cannot be set-off against another [(1952) 2 SCC 542]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on mortgage transaction.
Identification of private forests in Goa| ‘No uniform criteria due to distinctive geographical features’; SC holds existing criteria valid
The identification of forests in Goa is based on forest tree composition, canopy density and minimum area.
Omission to label demolition notice with provision under which it was issued would not make it nugatory if substance clearly stated: SC
‘Eviction proceedings under Section 16(1)(i) and (k) of the Maharashtra Rent Control Act, 1999 have different degrees of urgency, the former has a lesser degree of urgency than later, and it is within the jurisdiction of the Court to test this factor.’
Supreme Court refuses to interfere with Hemant Soren’s arrest by ED; asks to first approach Jharkhand High Court
The Court took note that Soren had earlier filed a plea under Article 226 of the Constitution before the High Court but opted for withdrawal of the same to approach the Supreme Court.
‘High Court desisted from exercising contempt jurisdiction despite finding contemnor guilty’; Supreme Court sets aside Calcutta HC stay order
Supreme Court reiterated that in addition to punishing a contemnor for disobeying its orders, the Court can also ensure that such a contemnor does not continue to enjoy the benefits of his disobedience by merely suffering the punishment meted out to him.
‘No element of criminality’: Supreme Court quashes case of commercial dispute given colour of criminal offence
“A commercial dispute, which ought to have been resolved through the forum of Civil Court has been given criminal colour by lifting from the penal code certain words or phrases and implanting them in a criminal complaint.”
Supreme Court adjourns Umar Khalid’s bail plea once again
The Bench had earlier deferred the hearing dated 10 Jan to 24 Jan, and yet again the matter got deferred.