Duty of police to produce imprisoned accused before Court; accused cannot be blamed for negligence by police: Supreme Court
Supreme Court noted that the bail application was rejected as the accused did not appear before the Trial Court.
Supreme Court
Breaking down Supreme Court’s explanation on grant of divorce on grounds of ‘cruelty’ under Hindu Marriage Act
“What is cruelty for a woman, may not be cruelty for a man, and hence, a more elastic and broad approach is required when a wife seeks divorce.”
Onus of proof in disciplinary proceedings depends on nature of charge and explanation put forth by Employee: SC
“If the records of the enquiry officer reveal that the findings are based on some evidence, it is not the function of the Court in a judicial review to re-appreciate the same and arrive at an independent finding on the evidence”.
Supreme Court upholds JKNC’s entitlement to plough symbol; discusses High Court’s powers to decide matters touching various tangents
“It would not be out of place to mention that this Court can even turn the clock back, if the situation warrants such dire measures.” said the Supreme Court while deciding instant matter after elections were already conducted.
Section 6A of DSPE Act unconstitutional from date of insertion: Supreme Court Constitution Bench
Supreme Court also clarified that Section 6A of the DSPE Act is a part of the procedure only, in the form of protection to the senior government servants and does not constitute any new offence or sentence.
Whether debt was barred by limitation or not in cheque bounce cases, is a question of evidence: SC
“The question of debt barred by limitation is to be decided on basis of evidence as, limitation is a mixed question of law and fact”.
Never Reported Judgment| When Supreme Court upheld the conviction based solely on dying declaration in Acid Poisoning case [(1952) 1 SCC 346]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on Section 32(1) of the Evidence Act, 1872.
SC upholds validity of Himachal Pradesh Passengers and Goods Taxation Act, 1955; NHPC liable to pay tax on vehicles carrying employees and family gratis
The Supreme Court affirmed the Himachal Pradesh High Court’s orders, whereby the validity of the Himachal Pradesh Passengers and Goods Taxation Act, 1955 as amended by the Himachal Pradesh Passengers and Goods (Amendment and Validation) Act, 1997 were upheld.
No absolute or unfettered discretion on the part of Liquidator to cancel auction which is otherwise valid: Supreme Court
Supreme Court said that the mere expectation of the Liquidator that a still higher price may be obtained can be no good ground to cancel an otherwise valid auction and go for another round of auction.
Punjab Police Rules, 1934 | Supreme Court discusses SP and SSP’s power to discharge Constable
The Trial Court partly decreed the challenge against Constable’s discharge and held the discharge order illegal on the ground of being passed in violation of principles of natural justice.
Supreme Court lays down Principles for exercise of legislative power of abrogating a law declared invalid by Court
“If the legislature merely seeks to validate the Acts, struck down or rendered inoperative by a Court, by a subsequent legislation without curing the defects in such legislation, the subsequent legislation would be ultra-vires“.
No bar on seeking restoration of appeal if assessee is unsuccessful in availing benefit under Amnesty Scheme: Supreme Court
Supreme Court said that, since the appeal is a statutory remedy, the appellant had availed it and withdrawn the same, only as a pre-condition for availing the benefit under the Amnesty Scheme.
Supreme Court upholds NCDRC order denying compensation to complainant who failed to establish Engerix-B vaccine as cause for his ‘myositis’
Supreme Court said that the burden was on the appellant more particularly in a circumstance when all the family members had got administered the same vaccination from the same source and the appellant himself did not undergo any difficulty when the first two doses were administered.
‘Strict adherence to Rule 142(2) of BSF Rules important before accepting plea of guilty’: Supreme Court explains in detail
Supreme Court specifically highlighted the provision which cautioned that whatever the accused stated was to be taken down in writing and may be used in evidence.
Supreme Court sets aside Patna HC order giving death penalty to a man for raping and murdering a 10-year-old girl
“Truth is the soul of justice. The sole idea of the criminal justice system is to see that justice is done. Justice will be said to be done when no innocent person is punished, and the guilty person is not allowed to go scot free.”
Supreme Court lays down tests for deciding legality of preventive detention orders
The Court also revisited the difference between disturbances relatable to ‘law and order’ and disturbances caused to ‘public order’ and said that it is trite that breach of law in all cases does not lead to public disorder.
Abrogation of Article 370 | Supreme Court Constitution Bench reserves verdict
The hearing of the matter began on 02-08-2023 and was concluded on 05-09-2023.
Accused cannot seek anticipatory bail without successfully assailing order declaring him a proclaimed offender: Supreme Court
There was a declaration of the accused as a proclaimed offender, and such declaration was subsisting on the date of the impugned order, thus, the Supreme Court disagreed with the High Court that the accused was entitled to ‘reform and course correct’.
Supreme Court reverses Uttaranchal High Court’s quashment in Triple Talaq case; points out required elements in FIR
It was alleged by the wife in the said FIR that she was subjected to physical abuse by her husband, who had pronounced triple talaq and was in relationship with another woman.
Never Reported Judgment | When Supreme Court determined the public or private status of the lane between the houses [(1952) 1 SCC 296]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on use and enjoyment of property.