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“Considering the pendency of very old criminal appeals, priority is usually given to the hearing of the appeals where the accused are in prison. The appeals against conviction where the accused are on bail take a backseat”.
“There was no promise of marriage to coerce consent from the complainant for sexual intercourse.”
“Prima facie, even after the proposal to pay Rs. 50 lakhs to the family of the deceased were approved by the Chief Secretary, this decision has not been honored, and the family has been engaged in litigation for over nine years.”
“In cases of group clashes where a large number of persons are involved, an onerous duty is cast upon the Courts to ensure that no innocent bystander is convicted and deprived of his liberty.”
The Court also refused to issue a blanket direction restraining the registration of FIRs against him or mandating a preliminary inquiry in all future cases involving him, opining that such a direction would not only be contrary to the statutory framework of the CrPC but would also amount to judicial overreach.
“Our country has done wonders in digital payment transactions. It is a matter of common knowledge that now under various schemes of the Government, funds are transferred to the beneficiaries directly in their bank accounts. As per the rough estimate, about 80% of the adult population in the country have bank accounts.”
Chief Justice of Delhi High Court Devendra Kumar Upadhyaya has been directed to not assign any judicial work to Justice Yashwant Varma.
“In this case, the procedural safeguards were completely disregarded. The Special Court refrained from explicitly stating or declaring that this amounted to an abuse of power and authority. It was indeed a sad reflection on how the investigation and trial unfolded, where truth and justice, for both the victims and the accused, remained elusive. It was not without reason that such draconian provisions have since been repealed”
Reports suggest that the cash was found when a fire brigade reached Justice Varma’s residence to douse a fire. Allegedly Justice Varma was not at his residence then.
Supreme Court said that the High Court overlooked the fact that the Trial Court could not have recorded the settlement, and this was a suitable case for the High Court to exercise its jurisdiction under Section 482 CrPC to quash the proceedings. As a result, the parties were unnecessarily compelled to approach this Court.
Interviewed by Shaleen Bareja
Supreme Court, without delving into the merits of the rival claims, set aside the impugned order on the limited ground of lack of jurisdiction and ordered a remand. Consequently, the writ petition was revived and placed back on the file of the High Court.
“A right of an Advocate to appear for a party and to practice in the Courts is coupled with the duty to remain present in the Court at the time of hearing, and to participate and conduct the proceedings diligently, sincerely, honestly and to the best of his ability. Rights and duties are two sides of the same coin, and they are inherently connected with each other.”
The immunity granted by the moratorium order issued under Section 14 of the IBC can only be obtained by a corporate debtor and not by a natural person such as the present accused, who was the Director of the corporate debtor.
“There is a need for “Sustainable Development” harmonising and striking a golden balance between the right to development and the right to clean environment”.
A legal representative is one, who suffers on account of death of a person due to a motor vehicle accident and need not necessarily be a wife, husband, parent or child.
The Court also held that the auction purchaser was not entitled to either ownership or leasehold rights in respect of the plot and could not claim to be a lessee as the lease in terms of the lease agreement entered into by the DDA was never executed.
This report covers the Supreme Court’s Never Reported Judgment on execution of decree against firm dating back to the year 1954.
“The only aim or intention of the petitioner was to get a compassionate appointment for her son in one way or the other, i.e., without disclosing the true and correct facts regarding the financial condition of her family.”