In a recent legal decision, the Supreme Court has declared that if a detained individual receives the grounds of detention in a language familiar to them and the document explicitly outlines their right to make representation, there is no necessity for additional verbal communication. Addressing the challenge to detention based on alleged failure to inform …
In a decisive move on January 3, the Supreme Court upheld the suspension of the sentence for an accused convicted under Section 138 of the Negotiable Instruments Act, 1881. The accused, Satish P. Bhatt, former Chairman-cum-Managing Director of M/s.Astral Glass Private Limited, and the Vice-Chairman, Vishwanath Ramakrishna Nayak, were handed a ten-month sentence with a …
In a recent landmark decision, the Supreme Court established that tenants cannot assert adverse possession rights against their landlords, citing the inherently permissive nature of their occupancy. A bench led by Justices Vikram Nath and Rajesh Bindal adjudicated an appeal challenging the Allahabad High Court’s dismissal of a suit for ownership/possession on the grounds of …
In a recent ruling, the Supreme Court dismissed charges against an accused-appellant accused of raping a 25-year-old woman under the pretext of marriage. The court, on January 3, asserted that the physical relationship was consensual and ultimately led to marriage, debunking the claim of a false promise. Justices Abhay S. Oka and Pankaj Mithal highlighted …
In a decisive judgment, the Supreme Court established that, within the realm of insurance protection, the pivotal date for all considerations is the issuance date of the policy. The central concern presented to the Court revolved around determining the commencement date of a policy—whether it should be the date of issuance, the commencement date stipulated …
In a recent ruling on January 3, the Supreme Court delved into the intricacies of Section 364A (Kidnapping For Ransom) of the Indian Penal Code, 1860, establishing a meticulous criterion for convictions under this section. The court emphasized that beyond establishing the act of abduction, the prosecution must incontrovertibly prove the demand for ransom along …
In a landmark decision, the Supreme Court has redefined the concept of ‘custody’ under Section 27 of the Indian Evidence Act, asserting that it extends beyond formal arrest. The court, comprising Justices Sanjiv Khanna and SVN Bhatti, declared that the term encompasses various forms of police control, including restraint, surveillance, or any restriction. Diverging from …
In a significant ruling, the Supreme Court has ordered the State to compensate three teachers in Uttar Pradesh whose salaries were abruptly halted. The court held that the teachers, despite being appointed over sanctioned posts, were not at fault, thereby dismissing allegations of misconduct. The case revolved around the Director of Education (Basic) sanctioning two …
In a landmark ruling dated January 3, the Supreme Court dissected the intricacies of Section 27 of the Evidence Act, shedding light on the essential conditions for its invocation. Drawing inspiration from the precedent set by Mohmed Inayatullah v. State of Maharashtra (1976) 1 SCC 828, the bench, comprised of Justices Sanjiv Khanna and S.V.N. …
Unlocking the Secrets of Section 27: Supreme Court’s Insights Read More »
In a decisive move, the Supreme Court quashed the default bail granted to an individual accused under the Unlawful Activities (Prevention) Act, 1967 (“UAPA”). The Delhi police’s appeal found favor with the court, which criticized the High Court for its seemingly lax approach to the matter. A bench comprising Justices Vikram Nath and Rajesh Bindal …
Supreme Court Vigilant on UAPA Terrorism Cases: Default Bail Reversed Read More »
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