Read what the Supreme Court said while quashing 2-decade long NDPS case against former IPS Officer Bharti Arora
Supreme Court reiterated that justice should not only be done but should be seen to be done.
Supreme Court
NRJ Series | When SC held that in absence of proof, deceased mutawalli’s estate cannot be held responsible for sums misappropriated by him
This report covers the Supreme Court’s Never Reported Judgment, on misappropriation of funds by mutawalli, dating back to the year 1954.
Disputes relating to non-payment of wages & termination order within Industrial Tribunal’s jurisdiction; SC quashes arbitrator’s appointment
“Jurisdiction of the Industrial Court is also to the exclusion of the civil courts and is not arbitrable.”
Supreme Court enhances compensation to Rs. 50.8 Lakhs for mental and physical disabilities suffered by minor in Motor Vehicle Accident
Supreme Court noted that the appellant will remain dependent on another person for the rest of her life. Even though the physical age will increase, her mental age will be that of a child studying in the 2nd Standard. Effectively, while her body grows, she will remain a small baby.
Supreme Court directs Delhi-NCR Governments to decide on year-round firecracker ban
Supreme Court said that the ban on firecrackers is required not only to curb the air pollution but noise pollution as well.
No fresh registration of suits against places of worship; SC stays passing of final/ survey orders in existing matters
The registration of further suits has been stayed as the matter challenging the constitutional validity of the Places of Worship (Special Provisions) Act, 1991is sub-judice.
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.”
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.”
[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.
‘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.”
‘Use of lethal weapon and precise targeting of vital organs establish intent for murder’; SC upholds UDF sympathizer’s life term in 2006 LDF worker murder case
“The nature and location of the injuries inflicted, the choice of weapon, and the circumstances of the attack unequivocally establish the liability of the convict for causing the death of the deceased.”
Supreme Court proposes appointment of agency to enhance green cover in Delhi
In June, Supreme Court had directed the secretary to convene a meeting to discuss comprehensive measures for enhancing the green cover of the national capital territory of Delhi
NRJ Series| Circumstances corroborating retracted confession must implicate accused; not necessary that it should be independently sufficient for corroboration [(1954) 2 SCC 231]
This report covers the Supreme Court’s Never Reported Judgment, on corroboration of retracted confession, dating back to the year 1954.
‘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.
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.
Supreme Court orders petition to be decided within 3 months after Allahabad High Court’s delay in delivering judgment after reserving it 14 months ago
Supreme Court remarked that it was unclear why the Judge of the High Court, despite reserving judgment 14 months ago, had not delivered the judgment or disposed of the petition.
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.”
Supreme Court permits scaling down of GRAP restrictions from Stage-IV to Stage-II in Delhi amid improved air quality
In its previous order, the Supreme Court had directed that Stage-IV of the Graded Response Action Plan, which was implemented to tackle the severe air quality situation in Delhi, remain in force until at least December 2, 2024.
‘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).
Criminal Law Roundup: A quick recap of the top criminal cases from November 2024
Top criminal cases on quashing of proceedings, arrest, bail, acquittal, and more.