In a recent ruling, the Supreme Court, on December 1, emphasized that framing charges against an accused is not mandatory if the essential elements of an offense are not evident from the admitted prosecution evidence. The Court, composed of Justices P.S. Narasimha and Sandeep Mehta, asserted this principle while adjudicating an appeal challenging the Allahabad …
In a recent legal development, the Supreme Court has challenged the notion that a mere assertion of innocence or an undertaking to participate in a trial is adequate justification for granting bail in serious offenses. The case under scrutiny involved an appeal against the Jharkhand High Court’s decision to grant bail to an individual charged …
Supreme Court Rejects Simplistic Grounds for Bail in Serious Offense Cases Read More »
In a recent judicial pronouncement, the Supreme Court emphasized the paramount importance of interpreting commercial contracts in alignment with the original intent of the contracting parties. The Court maintained that straying from the plain terms of a contract is justified only when it serves business efficacy better. This legal standpoint was underscored in reference to …
Supreme Court Stresses Business Efficacy in Contractual Interpretation Read More »
In a landmark ruling, the Supreme Court emphatically clarified that the mere existence of an agreement to sell does not result in the transfer of ownership rights or the conferral of any title. The pronouncement was made by a distinguished bench comprising Justices Vikram Nath and Rajesh Bindal. The judicial pronouncement dispels any misconceptions surrounding …
Supreme Court Affirms: Agreement to Sell Doesn’t Confer Ownership Rights or Title Read More »
In a recent landmark judgment, the Supreme Court declared that a Judicial Magistrate lacks the jurisdiction to entertain a protest petition challenging an order taking cognizance of a final report. The ruling unfolded in a case where a Chief Judicial Magistrate had taken cognizance against a single accused for a murder offense based on a …
Supreme Court Rules Out Magistrate’s Authority to Reconsider Cognizance Orders Read More »
In a recent ruling, the Supreme Court, while acquitting a murder convict, emphasized the necessity of impeccable quality in evidence related to extra-judicial confessions. The court expressed skepticism regarding a confession made to the brothers of the deceased, questioning the unusual circumstance of an accused admitting guilt to close acquaintances. The bench, comprising Justices Abhay …
In a recent ruling, the Supreme Court quashed a specific performance suit filed in 1999, seeking enforcement of a 1986 sale agreement. Justices Rajesh Bindal and Vikram Nath opined that the aggrieved party’s delay of 13 years before initiating legal action was a critical factor in their decision. The case revolved around a 1986 agreement …
In a crucial legal scrutiny, the Supreme Court is poised to assess the validity of citing a post-acquittal alteration in law as grounds for condoning delays and challenging acquittal findings. The distinguished bench comprising Justices Hrishikesh Roy and Sanjay Karol recently initiated proceedings on November 6, issuing a notice in response to a Special Leave …
Supreme Court to Deliberate Impact of Subsequent Legal Changes on Acquittal Appeals Read More »
In a pivotal decision, the Supreme Court stressed the imperative for expeditious trials when the detention of the accused is extended, asserting the right to a speedy trial enshrined in Article 21 of the Constitution. The bench, comprised of Justices Aniruddha Bose and Bela M Trivedi, rejected a bail plea in a money laundering case, …
In a recent landmark decision, the Supreme Court delivered a resounding rejection of an appellant’s plea for bail, firmly asserting that the principle of parity cannot be invoked indiscriminately. The Court emphasized that the application of this principle hinges on a meticulous examination of the distinct roles played by each accused in the alleged offense, …
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