Supreme Court Archives | Page 4 of 175

Power to arrest under Customs and GST Acts

Explained | Supreme Court’s verdict on constitutional validity of “power to arrest” provisions under Customs and GST Acts

“The framework of the Customs Act clearly reflects the legislative intent to establish a distinct and unique procedure for the exercise of arrest powers by a customs officer”

Case Briefs Supreme Court

Supreme Court acquits murder convicts due to lack of credible evidence; Sets aside High Court’s conviction order in 36-year-old case

Supreme Court said that according to the prosecution, the convicts had committed the murder of the deceased. Therefore, it is for the prosecution to connect the convicts to the murder by producing credible and legally admissible evidence.

Section156(3) CrPC application directions

Case Briefs Supreme Court

SC clarifies prospective nature of direction in 2015’s Priyanka Shrivastava case on Section 156(3) CrPC applications being supported by affidavit

“The judgment of the Court will always be retrospective in nature unless the judgment itself specifically states that the judgment will operate prospectively”.

Case Briefs Supreme Court

SC puts stay on Allahabad HC decision directing PMLA Special Court to consider claim in alleged disregard of Rule 3A PMLA Rules, 2016

The Petitioner further contended that the second proviso to the Section 8(8) of PMLA, 2002, is in contravention with the settled law provided under the PMLA, 2002.

Case Briefs Supreme Court

Read why SC quashed Bihar Legislative Council’s decision to expel RJD’s MLC Sunil Kumar Singh for unparliamentary conduct and remarks against CM

“There is no absolute bar on the Constitutional Courts to examine the proportionality of the punishment imposed on a Member while reviewing the validity of the action taken by the House.”

Case Briefs Supreme Court

‘S. 106 exists to resolve situations where prosecution can’t lead direct evidence’; SC elaborates key principles of Section 106 Evidence Act

The Court found that circumstances in the instant case constituted more than a prima facie case to enable the prosecution to invoke Section 106 of the Evidence Act and shift the burden on the accused husband to explain what had happened on the day & date his wife died.

Case Briefs Supreme Court

‘Evidence Act does not prescribe any minimum age for a witness’; SC elucidates principles on appreciation of testimony of a child witness

In the instant case a husband was charged for the murder of his wife who died in mysterious circumstances by the Trial Court; however, MP High Court acquitted the husband as it found the child witness to be tutored.

Case Briefs Supreme Court

Dubious conduct & suspicious circumstances of death; SC restores conviction of husband charged with wife’s murder 22 yrs ago

The Court found that circumstances in the case constitute more than a prima facie case to enable the prosecution to invoke Section 106 of the Evidence Act and shift the burden on the accused husband to explain what had happened on the day & date his wife died.

Case Briefs Supreme Court

SC acquits man accused of kidnapping & killing 16-year-old alleged girlfriend after 21 years of legal battle

“When one of the three circumstances was disbelieved and discarded by the High Court, then the chain of circumstantial evidence could not have been held to be complete and proved and on that basis to hold the accused guilty of the offence.”

Case Briefs Supreme Court

‘Media persons particularly individuals in key positions must exercise utmost caution before publishing any statements, news’; SC reiterates

“Given its vast reach, a single article or report can resonate with millions, shaping their beliefs and judgments, and it has the capability to cause severe damage to the reputation of those concerned, with consequences that may be far-reaching and enduring”.

Case Briefs Supreme Court

‘Futile to withhold results’; Supreme Court allows declaration of AYUSH Students’ results who were admitted without NEET-UG

“It is true that admission to candidates who had not appeared in the NEET examination could not have been given by the College.”

Case Briefs Supreme Court

Can spouse of void marriage under S. 11 of HMA claim permanent alimony or maintenance under S. 25? Supreme Court answers

“Equitable considerations do apply when the Court considers the prayer for maintenance under Section 25. The reason is that Section 25 lays down that while considering the prayer for granting relief under Section 25, the conduct of the parties must be considered.”

Case Briefs Supreme Court

Appropriate Govt. obligated to consider cases of eligible convicts for grant of premature release where such policy exists: SC

“Appropriate Government has the power to incorporate suitable conditions in an order granting permanent remission. The conditions must not be oppressive or stringent that the convict is not able to take advantage of the order granting permanent remission. The conditions cannot be vague and should be capable of being performed”.

Case Briefs Supreme Court

‘Uncomfortable questions during court proceedings not humiliation’; SC dismisses woman’s plea seeking clarification from police on remarks made on her divorce

“It is the duty of the Court to reach the truth of the matter and such exercise may demand putting forward certain questions and suggestions which may be uncomfortable to some.”

Case Briefs Supreme Court

‘If accused gets verdict after 6-7 years in jail as undertrial prisoner, right to speedy trial under Art. 21 is infringed’; SC grants bail to UAPA accused

“Delays are bad for the accused and extremely bad for the victims, for Indian society, and for the credibility of our justice system, which is valued. Judges are the masters of their Courtrooms and the Criminal Procedure Code provides many tools for the Judges to use in order to ensure that cases proceed efficiently.”

Case Briefs Supreme Court

Compassionate appointment to be considered in “hand-to-mouth” cases where family struggles to pay basic expenses, if other conditions are satisfied: SC

“Judicial decisions abound that in deciding a claim for appointment on compassionate grounds, the financial situation of the deceased employee’s family must be assessed. In a situation otherwise, the purpose of the scheme may be undermined; without this evaluation, any dependent of an employee who dies while in service might claim a right to employment as if it is heritable.”

Case Briefs Supreme Court

Cryptic orders while granting bail in money laundering cases without considering Section 45 PMLA mandate can’t be vindicated: SC

“Consideration of two conditions mentioned in Section 45 is mandatory, and while considering the bail application, the said rigours of Section 45 have to be reckoned by the court to uphold the objectives of the PMLA.”

Case Briefs Supreme Court

Courts having jurisdiction to grant bail/pre-arrest bail not expected to act as recovery agents: Supreme Court

High Court should have independently applied its mind and arrived at a conclusion as to whether a case for grant of bail, on settled parameters, had been made out or not.

Case Briefs Supreme Court

‘One-sided, partial and inimical investigation’; SC quashes S. 306 IPC proceedings, constitutes SIT for reinvestigating girl’s suicide after alleged boyfriend’s killing

“Was there anything more sinister? Even if it was suicide what was the real cause? Was the deceased girl distraught with what happened to her friend? Considering the under-currents and the disapproval of the relationship, was there any instigation for the suicide from any other quarter?”

Case Briefs Supreme Court

SC acquits man in 12-year-old murder case upon finding glaring defects in recovery of weapons and preparation of seizure memos

“If the recovery memos had been prepared in the police station itself or signed by the panch witnesses in the police station, the same would lose their sanctity and cannot be relied upon by the Court to support the conviction.”