Deeksha, Author at SCC Times

Supreme Court acquits three accused of murdering their sister-in-law in 27-yr-old case

“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.”

Case Briefs Supreme Court

SC discusses essential ingredients of S. 306 IPC while discharging husband & his family from charges of abetting wife’s suicide

“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.”

Case Briefs Supreme Court

[POCSO] Supreme Court grants anticipatory bail to 28-yr-old man accused of molesting minor girl

Nearly two years had passed since the FIR was lodged, yet no progress was made in the case. The Court noted that the accused had cooperated with the investigation and that the chargesheet was yet to be filed.

Case Briefs Supreme Court

‘Undue delay in issuing execution warrant for death penalty violates convicts right under Art. 21’; SC issues directions to tackle delays

“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.”

Hot Off The Press News

MP High Court designates 27 Advocates as Senior Advocates

The Advocates who secured above 50 points were recommended for designation as Senior Advocates by the Permanent Committee.

Case Briefs High Courts

Meghalaya HC directs for 2-hour ‘Incognito’ inspections on weighbridges during peak traffic over allegations of mismanagement & loss of revenue

“Only in cases of gross failure of the administrative machinery causing injury to the public at large who are unable to obtain any redress except with the intervention of the Court, should the Court intervene and this dividing line should be strictly maintained.”

Events/Webinars News

‘India has genius of devising a working system where self-executing contract can probably lead to minimal adjudication’: AGI Venkataramani at PHDCCI’s Conference

In association with ProUltimus Consulting, PHD Chamber of Commerce and Industry (PHDCCI) organised the conference on ‘Dispute Resolution & Arbitration Norms for Construction & Infrastructure Sectors’.

Case Briefs High Courts

No social welfare surcharge payable on custom duty exempted under MEIS Scheme: Orissa HC

Upon a person obtaining exemption, he cannot be said to be discharging liability to pay duty. The Court clarified that charging provision under Section 110(3) of Finance Act, 2018 is a percentage of customs duty paid, as collected by the Central Government. The duty paid being zero, collection is zero and the percentage of it must also be zero.

Case Briefs Supreme Court

‘Restore & preserve temples and their properties with utmost care’; SC appoints retired HC Judge as administrator for elections in Oachira Parabrahma Temple

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.

Hot Off The Press News

Supreme Court issues notice on PIL for security of tenure & protection to POSH Committee members in private sector

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.

Case Briefs Supreme Court

SC directs all States to penalise officers responsible for delay in filling of appeals causing huge loss to Government exchequer

“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.”

Case Briefs Supreme Court

‘Politically charged atmosphere not very conducive to fair investigation’; SC transfers FIRs against BJP’s Kabir Shankar Bose to CBI

Bose has been provided with ‘X’ category security since 10-04-2019 because of the perception of threat, both on account of his enmity with the TMC’s sitting MP Kalyan Banerjee due to matrimonial feud as well as his alliance with the party at the Centre (BJP).

Case Briefs High Courts

Meghalaya High Court denies relief to 5th semester law student falling short on attendance to take exams citing mandate of law

“Rule 12 of the Rules of Legal Education, 2008 shows that for a student who fails to attend 70% of the classes held in any subject, the Dean or the Principal may allow the student to take the Test, if the student concerned attended at least 65% of the classes held in the subject concerned, and attended 70% of classes on all subjects taken together.”

Case Briefs Supreme Court

Supreme Court stays Gujarat HC’s contempt proceedings against judicial officer

The husband of one of the Judicial Officers alleged that she along with another Judicial Officer and Public Prosecutor violated the guidelines laid down in the Arnesh Kumar case; and that he was illegally arrested from his residence at off hours, pursuant to matrimonial matter.

Legal RoundUp Supreme Court Roundups

Supreme Court Roundup November 2024 | Material Resources of Community; AMU Verdict; Unilateral Appointment of Arbitrators; Bulldozer Action; Yamuna Expressway; and more

November 2024 saw significant developments in the Supreme Court, with the elevation of Justice Sanjiv Khanna as the 51st Chief Justice of India; and landmark rulings on material resources of the community and minority status of AMU.

Case Briefs Supreme Court

Presumption under Section 20 PCA does not require bribe amount to be ‘substantial’; Operates only when there is no nexus between demand and action: SC

“But, when the fact of receipt of payment or an agreement to receive the gratification stands proved, there is a clear case of nexus or corroboration and the presumption itself is irrelevant. Section 20 gets attracted when it is proved that the public servant has accepted or agreed to accept any gratification other than legal remuneration and, in that case, presumption is that it is the motive or reward for any of the acts covered under Section 7, 11 or 13(1)(b) of the Act.”

Case Briefs High Courts

Gujarat HC set aside Tribunal’s order condoning delay of 22 years 8 months for vague & ambiguous reasoning akin to ‘non-speaking order’

The Tribunal in the impugned decision reasoned that- whenever Government for public purpose bifurcates districts, a complex situation arises and on account of the same sometimes issues like the present, escape the notice of the Government authorities therefore, good cause for condoning delay of more than 22 years was made out.

Case Briefs Supreme Court

SC denies retrospective promotion and notional benefits to superannuated employee under Rule 54(1)(a) of WB Service Rules

“Promotion only becomes effective upon the assumption of duties on the promotional post and not on the date of occurrence of the vacancy or the date of recommendation.”

Case Briefs Supreme Court

Sale certificate to auction purchaser is mere evidence of title & does not require registration under S. 17(1) of Registration Act: SC reiterates

“Mere filing under Section 89(4) of the Registration Act itself is sufficient when a copy of the sale certificate is forwarded by the authorised officer to the registering authority. As long as the sale certificate remains as it is, it is not compulsorily registrable. It is only when the auction purchaser uses the certificate for some other purpose that the requirement of payment of stamp duty, etc. would arise.”

Hot Off The Press News

Delhi High Court designates 70 new Senior Advocates

The Delhi High Court has deferred the designation of 67 Advocates as Senior.