Bringing you the Best Analytical Legal News
Take a round of the Supreme Court's Judgments and Recommendations of the Collegium in the month of August along with some top stories on Rahul Gandhi's conviction, V Senthil Balaji, Manipur Violence and much more.
Supreme Court opined that the Trial Court, as well as, the Bombay High Court have rightly appreciated the evidence and convicted the convict for the offence punishable under Sections 307 and 332 of the IPC
Although the instant matter was remanded back to NCDRC to decide on facts, the Supreme Court very well elaborated the cause of action, Doctrine of Merger, principle of Res Judicata and Precedents.
“Provisions in the Customs Act, 1962 do not negate or override the statutory preference in terms of Section 529A of the Companies Act, 2013”.
“Non-framing of an issue, which is otherwise covered in a broader issue and for which there was sufficient pleading and evidence, the suit could not have been dismissed on that ground.”
“FIR in a criminal case is an extremely vital and valuable piece of evidence for the purpose of corroborating the oral evidence adduced at the trial and the delay in the registration of the FIR, by itself, cannot be a ground for quashing of the FIR”.
“The Doctrine of Legitimate Expectation does not have any role to play in matters that are strictly governed by the service regulations. This is an exercise that is undertaken by the State in discharge of its public duties and should not brook undue interference by the Court.”
Supreme Court clarified that if the accused and his advocate are non- conversant with the language, the question of providing translation may arise because the accused must get a fair opportunity to defend himself by understanding the material against him in the charge sheet.
“The expression “discharge” is of wide import, and it would include “discharge on conclusion of the contractual period”.”
“This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on Transfer of Property Act, 1882.”
“If the view of the Presiding Judge, based on the judicial record, is mechanically followed, then the discretion of the executive empowered with execution of the sentence, would be denuded of its content”.
“It is just not enough for the court to say that the dying declaration is reliable, as the accused is named in the dying declaration as the assailant.”
Allahabad High Court said that Development Authority is only in possession of part of the land and the scheme for proposed ‘New Kanpur City’ as of now is not viable.
“Dissenting opinion of arbitrators might provide useful clues during procedural issues, which forms a critical part when the hearings are challenged”.
“If this is allowed to happen, every judgment-debtor who is in possession of the immoveable property till the decree is passed, shall hand over possession to a third party to defeat the decree-holder's right and entitlement to enjoy the fruits of litigation and this may continue indefinitely and no decree for immovable property can be executed.”
The Supreme Court viewed that after the introduction of Section 54A in CrPC, an accused is under an obligation to stand for Test identification parade.
The reiteration came after the Collegium deliberated over a reconsideration request submitted by Justice Tagia.
“The purpose of certiorari is only to confine the inferior tribunals within their jurisdiction, so as to avoid the irregular exercise, or the non-exercise or the illegal assumption of it and not to correct errors of finding of fact or interpretation of law committed by them in the exercise of powers vested in them under the statute”.
Supreme Court noted that there are multiple FIRs that have been registered over a period, thereby attracting the issue of wreaking vengeance out of private or personal grudge as alleged.
Justice Sanjay Karol served the High Courts of Tripura and Patna as Chief Justice before his elevation as a Supreme Court Judge on 06-02-2023.