Supreme Court

NIA investigate non-scheduled offence
Case BriefsSupreme Court

The Court held that NIA could investigate non-scheduled offence, or a person involved in a non-scheduled offence, provided there is a connection with the scheduled offence. This nexus between any other offence and the Scheduled Offence is of critical importance and must be present to enable the NIA to investigate any other offence committed by an accused in connection with the Scheduled Offence.

Grounds setting aside sale under SARFAESI
Case BriefsSupreme Court

“‘Henderson Principle’ is a core component of the broader doctrine of abuse of process, aimed at enthusing in the parties a sense of sanctity towards judicial adjudications and determinations. It ensures that litigants are not subjected to repetitive and vexatious legal challenges. This rule not only supports the finality of judgments but also underscores the ideals of judicial propriety and fairness.”

Motor Vehicle Accident
Case BriefsSupreme Court

Supreme Court noted that the appellant will remain dependent on another person for the rest of her life. Even though the physical age will increase, her mental age will be that of a child studying in the 2nd Standard. Effectively, while her body grows, she will remain a small baby.

Acquittal in 27-yr-old murder
Case BriefsSupreme Court

“It is a well-established principle of criminal jurisprudence that conviction on a charge of murder may be based purely on circumstantial evidence, provided that such evidence is deemed credible and trustworthy. In cases involving circumstantial evidence, it is crucial to ensure that the facts leading to the conclusion of guilt are fully established and that all the established facts point irrefutably to the accused person’s guilt.”

Essential ingredients of S. 306 IPC
Case BriefsSupreme Court

“It is essential to establish that the death was a result of suicide and that the accused actively abetted its commission. This can involve instigating the victim or engaging in specific actions that facilitated the act. The prosecution must prove beyond doubt that the accused played a definitive role in the abetment. Without clear evidence of an active role in provoking or assisting the suicide, a conviction under Section 306 IPC cannot be sustained.”

delay in death penalty execution
Case BriefsSupreme Court

“Article 21 of the Constitution does not end with the pronouncement of the sentence but extends to the execution stage of that sentence. An inordinate delay in the execution of the sentence of death has a dehumanising effect on the accused. An inordinate delay caused by circumstances beyond the prisoners’ control mandates the commutation of a death sentence.”

Oachira Parabrahma Temple
Case BriefsSupreme Court

Justice (Retd.) K. Ramakrishnan of Kerala High Court has been appointed as Administrative Head to conduct the election for the administration and management of the temple and its allied institutions, in a free and fair manner. There were serious disputes in administering and managing the temple and its institutions by the Administrative Head appointed by the Kerala High Court.

Protection of POSH’s ICC members
Hot Off The PressNews

The PIL raised concerns that members of Internal Complaints Committee (ICC) [constituted under Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013] do not have protection from arbitrary and retaliatory actions such as arbitrary termination at private workplaces.

Delay in appeals
Case BriefsSupreme Court

“Though the Government adopts systematic approach in handling the legal issues and preferring the petitions/applications/appeals well within the time, due to the fault on the part of the officials in merely communicating the information on time, huge revenue loss will be caused to the Government exchequer.”