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Judge of the Supreme Court Justice Krishna Murari speaking at the farewell function organised by the Supreme Court Bar Association (SCBA) on the occasion of his retirement on Friday said that the Supreme Court is not only the protector of the multi cultural ethos and diversity of India but is in itself an embodiment of its multi-cultural…
The Supreme Court observed that, while dealing with anticipatory bail applications, courts must also consider the gravity of the offence, the impact on society, and the need for a fair and free investigation. While it is extremely important to protect the personal liberty of a person, it is equally incumbent to analyze the seriousness of…
The Supreme Court observed that the trial courts have to make proper preliminary examination of minor witnesses before recording their evidence. This is to to ascertain whether the minor is capable of understanding the questions put to him and is able to give rational answers. In this case, the the Sessions Court convicted the accused…
Supreme Court: In an appeal challenging the judgment and order dated 1-05-2012 passed by the Punjab and Haryana High Court setting aside the Trial Court judgment sentencing the respondent under Section 302 of Penal Code, 1860 (‘IPC’) and thereby acquitting him, the Division Bench of B.V. Nagarathna and Manoj Misra, JJ. refused to interfere with…
Supreme Court: The bench of S. Ravindra Bhat and Dipankar Datta, JJ has disapproved the trend of Courts imposing conditions for deposit or payment of disputed money as a requirement for granting pre-arrest bail in Cheating cases and has observed that, “Inclusion of a condition for payment of money by the applicant for bail tends…
The Supreme Court has disapproved of the practise followed by the Courts to direct deposit of amount as a condition for granting anticipatory bail for the offence of cheating under Section 420 of the Indian Penal Code. A bench comprising Justices S Ravindra Bhat and Dipankar Datta termed this a “disquieting trend” which results in cheating…
Supreme Court: In an appeal challenging the judgment and order passed by Madhya Pradesh High Court on 28-09-2010 dismissing appeal and confirming conviction and life sentence under Section 302 of Penal Code, 1860, the Vacation Bench of Vikram Nath and Ahsanuddin Amanullah, JJ. allowed the instant appeal and set aside the appellant’s conviction and sentence.…
The Supreme Court recently upheld the decision of the Telangana High Court, upholding the title of successors of Ryot Cultivators over the “Paigah lands” in Hydernagar, Telangana. The bench comprising Justices V. Ramasubramanian and Pankaj Mithal dismissed the claim of title raised by rival claimants/appellants, including M/s Trinity Infraventures Ltd, on the ground that the land was…
The Supreme Court has reiterated that sanction for prosecution as per Section 197(1) of the Code of Criminal Procedure is required even in cases where the official was acting in excess of his official duties. A bench comprising Justices V Ramasubramanian and Pankaj Mithal held so while acquitting a person, who was formerly an Executive…
The Supreme Court has held that the theft of personal belongings of a Passenger is not “deficiency of service” by Railways. Accordingly, the Bench comprising Justice Vikram Nath and Justice Ahsanuddin Amanullah set aside orders passed by Consumer forum whereby Railways was directed to reimburse the stolen amount of cash to the Passenger. “We fail to…
