Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
“Right from the inception of democratic rule, universal adult franchise has found its place in our system of governance. Each election upholding these cherished values of public participation, equality and integrity of the vote is a testament to the vision of the founders.”
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“It is said that the woes for the litigants in this country start once they are able to obtain a decree in their favour and are unable to execute and reap its fruits for years together.”
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For the purpose of transfer of any case or proceedings under Section 406 of the CrPC, the case must fall within the ambit of the expression “expedient for the ends of justice”.
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Earlier, the Court had permitted him to attend a ‘Fatiha’ ceremony of his father Mukhtar Ansari, who died on 28-03-2024.
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Supreme Court reiterated that that an order of affirmation may not require elaborate reasons as required in the case of an order of reversal, but it does not mean that such order of affirmation need not contain any reason at all.
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“The motive for the commission of the offence was absent and the same was very relevant as the case was based on circumstantial evidence.”
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“It does not make any good sense to keep a plot reserved in a development plan for the past 33 years. The Authority did not allow the original owners to use the land and are now not permitting even the purchasers to utilize the land.”
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The accused person’s Creta car dashed against the scooty on which the deceased couple was travelling along with their daughter. Due of the impact, couple died on the spot and their daughter was seriously injured. After the death of couple, the injured daughter and two other minor children of the couple became orphan.
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“It is very clear that Section 2(g) of the Factories Act, 1934 did not have the words ‘washing, cleaning’ and they have been specifically brought in the Factories Act, 1948 with a clear object of bringing into the fold of the Act undertakings excluded from the scope of the 1934 Act.”
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“Though, the power of judicial review keeps a check and balance on the functioning of the public authorities and is exercised for better and more efficient and informed exercise of their powers, such power has to be exercised very cautiously keeping in mind that such exercise of power of judicial review may not lead to judicial overreach, undermining the powers of the statutory authorities”
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“The Constitution of India is blind to the differences between able-bodied and differently abled citizens in matters of providing equal opportunity to all citizens in all spheres of life, including employment, and envisages equality and non-discrimination.”
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“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”
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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.
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“The judgment of the Court will always be retrospective in nature unless the judgment itself specifically states that the judgment will operate prospectively”.
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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.
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“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.”
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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.
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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.
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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.
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“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.”
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