Supreme court
Non-Discovery Of Incriminating Material Does Not Mean Non-Cooperation By Accused: Supreme Court
While granting anticipatory bail to an accused, the Supreme Court recently observed that mere non-discovery of incriminating material is not an indicator of non-cooperation on the part of the accused."Merely because nothing incriminating could be discovered would not mean that there is non-co-operation on the part of accused," said a bench of Justices Manoj Misra and Ujjal Bhuyan.The Court...
NGT Has No Power To Direct ED Probe Under PMLA : Supreme Court
The Supreme Court held that the National Green Tribunal has no jurisdiction to direct the Enforcement Directorate to launch investigation under the Prevention of Money Laundering Act against an entity.The bench of Chief Justice of India BR Gavai and Justice K Vinod Chandran set aside the direction of the NGT to the Enforcement Directorate to examine and take appropriate action under...
If High Court Bench Doesn't Deliver Judgment In 3 Months After Reserving, Registrar Must Place Matter Before Chief Justice : Supreme Court
The Supreme Court today expressed shock at the manner in which judgments are not being delivered for long period by the High Courts, depriving the litigant to seek appropriate remedy. It reiterated that the guidelines passed by the Court in Anil Rai v. State of Bihar (2002), wherein the Court directed that the parties are free to move an application before the Chief Justice of the High Court...
No UAPA Offence Over Attending Meetings Of Organisation Which Isn't Banned : Supreme Court Affirms Bail
The Supreme Court recently rejected the appeal filed by the National Investigation Agency challenging the bail granted by the Karnataka High Court to one Saleem Khan under the Unlawful Activities Prevention Act over alleged links with 'Al-Hind' organisation.The Court, noting that 'Al-Hind' was not an organisation banned as per the UAPA, observed that no prima facie offence under the UAPA...
Death Sentence Can Be Challenged In Article 32 Petition For Breach Of Procedural Safeguards: Supreme Court
The Supreme Court today allowed an Article 32 petition filed by Vasanta Sampat Dupare, a man convicted and sentenced for the rape and murder of a 4-year old girl, challenging his sentence of death penalty."The writ petition is allowed. Therefore, we hold that Article 32 of the Constitution empowers this Court in cases related to capital punishment to reopen the sentencing stage where the...
Maharashtra Slum Areas Act | Land Can't Be Acquired Without Extinguishing Owner's Preferential Right To Propose Rehabilitation Scheme : Supreme Court
While dealing with acquisition of a parcel of land in Mumbai's Kurla for slum rehabilitation purposes, the Supreme Court recently held that Chapter I-A of the Slums Act gives preferential right to a landowner, vis-a-vis the State, Slum Rehabilitation Authority (SRA), occupiers, and other stakeholders, to redevelop land.The SRA shall mandatorily issue notice to the landowner inviting its...
Order XLI Rule 27 CPC | Appellate Courts Must First Examine Pleadings Before Allowing Additional Evidence : Supreme Court
The Supreme Court ruled that additional evidence cannot be introduced at the appellate stage under Order XLI Rule 27 CPC if it is inconsistent with the pleadings. The Court emphasized that appellate courts must first examine the pleadings before allowing such evidence, as evidence unrelated to the pleadings serves no purpose, rendering them inadmissible. “In our opinion, before undertaking...
Supreme Court Half Yearly Digest 2025 - Constitution of India
Article 21 – Kerala Anti-Social Activities (Prevention) Act, 2007 (KAAPA) – Preventive Detention – Distinction between 'Public Order' and 'Law and Order' – Bail Cancellation – Habeas Corpus – Held, preventive detention, an exceptional measure, must be exercised with utmost caution and strict adherence to constitutional safeguards under Article 21. It cannot be used as a substitute...
Supreme Court Recognizes Andhra Pradesh FROs As 'State Forest Service', Declares Them Eligible For Indian Forest Service Promotion
In a relief to Andhra Pradesh-based Forest Range Officers (“FROs”), the Supreme Court on Friday (Aug. 23) ruled that their services shall be entitled to be treated as 'State Forest Service', making them eligible to promotion to Indian Forest Service (“IFoS”). The bench comprising Justices Dipankar Datta and AG Masih heard the case where the Appellant, being a FRO, was aggrieved by...
Environmental Clearance For Sand Mining Can't Be Granted If DSR Doesn't Have Study On River's Replenishment Capacity : Supreme Court
The Supreme Court on Friday (Aug. 23) observed that in the absence of a replenishment study that assesses the river's annual natural recovery capacity, an Environment Clearance cannot be granted for sand mining projects. The bench, comprising Justices PS Narasimha and AS Chandurkar, observed that replenishment data is a mandatory prerequisite for environmental clearance in addition to...
Victim's Appeal Under S.372 CrPC Against Acquittal Can Be Continued By Legal Heir : Supreme Court
The Supreme Court has held that when a victim dies during the pendency of an appeal against an accused's acquittal, the victim's legal heirs can step in as substitutes to prosecute the appeal originally filed by the deceased victim. The Court said that the right to appeal of a victim under the proviso to Section 372 Cr.P.C. would become redundant if the victim's legal heirs cannot be...