Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
The Court explained that the power to special leave is an exceptional and overriding power, naturally it must be exercised sparingly and with caution and only in very exceptional situations. It will only be used to advance the cause of justice and its exercise will be governed by well-established principles.
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The Supreme Court said that due consideration must be given to the facts which are suggestive of the nature of crime, the criminal antecedents of the accused and the nature of punishment that would follow a conviction vis-à-vis the offences alleged against an accused.
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The alleged non-compliance with statutory and Election Commission mandated regulations, and their legal effect, cannot be examined through a summary proceeding under Order VII Rule 11, CPC, or even under Order XII Rule 6, CPC.
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The Court directed the States and Union Territories to submit their responses positively by 31-08-2023.
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Supreme Court said that once there is no eyewitness of the incident, the prosecution will have to establish a motive for the commission of the crime because in a case of no direct evidence, motive has a major role.
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The Supreme Court was hearing a petition against the Varanasi District Court’s Order wherein ASI was directed to undertake scientific survey of the Gyanvapi Mosque to find out whether the same was constructed over a pre-existing structure of Hindu Temple.
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The Supreme Court called the matter at hand a classic case in which a litigant had been able to mislead the Courts and authorities at different levels to put life into his stale claim.
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While summarising the principles for altering conviction under Section 304 Part I of the IPC to Section 304 Part II of the IPC, the Supreme Court highlighted the difference between ‘guilty intention’ and ‘guilty knowledge’.
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In the case at hand, PVVNL had argued that the rights of electricity suppliers were not subordinate and subject to the ‘priority of claims’ mechanism under the IBC.
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Supreme Court regarded the result of ossification or bone test in the instant matter, as the most authentic evidence for being corroborated by the examining doctor as well.
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The instant matter related to a person killed while he was travelling with his group on scooter, allegedly by constables patrolling the village, which was investigated by the Central Bureau of Investigation (‘CBI’).
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A chargesheet was filed against the Juvenile Delinquent for offences under Sections 363, 366-A, 368, 376 of the IPC and Section 3, 4, 16 and 17 of the JJ Act.
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“Offences of forging documents for transferring ownership of land worth crores are grave in nature. Hence, while it is extremely important to protect the personal liberty of a person, it is equally incumbent to analyse the seriousness of the offence and determine if there is a need for custodial interrogation.”
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The Court observed that the recommendations made by an Expert Committee are not binding on the NGT, they are only by way of assistance to enable the NGT to arrive at a correct decision in the matter.
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Supreme Court advised the petitioner to secure appropriate treatment for spinal disorder during the given period of 6 weeks.
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Supreme Court said that it will take recourse to the coercive arm of law, if any such incident occurs in the future. Also warned that there shall be no impediment in the work of legal defense counsel.
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Supreme Court held that not putting a quietus to the prolonged dispute at hand, spanning 38 years, on something as simple as tenancy issue, would be a travesty of justice.
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Supreme Court did not deem it safe to base the conviction only on the testimony of child witness which did not inspire confidence and acquitted the appellant.
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The question before the Court was whether an application remaining pending for an unreasonable period could in itself be classified as an arbitrary and unreasonable act?
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Supreme Court allowed SK Mishra to continue his services as ED Director till 31-07-2023.
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