Day Of Remand Should Be Included For Considering Default Bail Claim : Supreme Court Answers Reference

Answering a reference on a significant point of law, the Supreme Court has held that the day of remand is to be included for considering for considering a claim for default bail. The remand period will be calculated from the date when the Magistrate remanded the accused, held a bench comprising Justices KM Joseph, BV Nagarathna and Hrishikesh…

Notification Issued By Central Govt Not Invalid Merely Because It’s Not Issued In President’s Name : Supreme Court

The Supreme Court of India recently upheld the notification issued by the Central Government in 2019 to abolish the Odisha Administrative Tribunal (OAT). The bench comprising Chief Justice of India DY Chandrachud and Justice Hima Kohli dismissed the petition filed by the Odisha Administrative Tribunal Bar Association challenging the Orissa High Court’s decision which upheld the abolition of OAT.   https://www.livelaw.in/top-stories/notification-issued-by-central-govt-not-invalid-merely-because-its-not-issued-in-presidents-name-supreme-court-224810

Lis Pendens – Transfer Of Property Not Void Just Because It Is Made During Pendency Of Suit; But Subject To Outcome Of Case : Supreme Court

The Supreme Court has delivered a judgment expounding the doctrine of “lis pendens” under Section 52 of the Transfer of Property Act. The Court explained that a transfer is not void just because the transfer is made during the pendency of litigation and the effect of Section 52 is that the transfer will be subject…

Test Identification Parade Doesn’t Have Much Value When Accused Is Already Known To Witness : Supreme Court

The Supreme Court recently acquitted a man who was convicted for the offence of murder. A bench comprising Justices BR Gavai and Sanjay Karol set aside the concurrent findings of guilt recorded by the trial court and the High Court. The offence allegedly took place on 22.10.2008. As per prosecution case, one Purushothaman was murdered by the…

Circumstantial Evidence| When Two Views Possible, View Favouring Accused’s Innocence To Be Adopted: Supreme Court

The Supreme Court of India on recently reiterated that in cases where two views are possible while relying on circumstantial evidence, the view favouring the accused must be preferred. Relying on judicial precedents, a Bench of Justices BR Gavai and Sanjay Karol observed, “…in cases where heavy reliance is placed on circumstantial evidence, is that where two…

Writ Petition For Recovery Of Money Can’t Be Entertained, Particularly When Civil Remedy Has Been Invoked : Supreme Court

The Supreme Court recently held that that writ petitions filed for seeking recovery of money due under the bills/invoices cannot be entertained under Article 226 of the Constitution of India, particularly when the writ petitioner has filed civil suit which came to be dismissed in default. A Bench comprising Justice M.R. Shah and Justice C.T. Ravikumar held so in…

Rarest Of Rare Doctrine Requires Death Sentence Be Imposed Only If There Is No Possibility Of Reformation : Supreme Court

The Supreme Court, on Tuesday, commuted the death sentence awarded for kidnapping and murder of a 7 year old child to life imprisonment for not less than twenty years without remission of sentence. A Bench comprising CJI DY Chandrachud, Justice Hima Kohli and Justice PS Narasimha observed that though the crime was grave and unpardonable, ‘the ‘rarest of…

Executing Death Penalty By Hanging Barbaric? Supreme Court To Examine Less Painful Alternatives

The Supreme Court on Tuesday expressed its inclination towards constituting an expert committee to determine if the execution of death penalty through hanging was proportionate. A bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha was hearing a PIL seeking to abolish the present practice of executing a death row convict by hanging which involves “prolonged…