Supreme court
High Court Cannot Exercise Suo Motu Revision Power To Enhance Sentence In Convict's Appeal : Supreme Court
The Supreme Court held that a High Court cannot suo motu exercise its revisional powers to enhance the sentence while considering an appeal filed by a convict/accused against conviction.The Court stated that the High Court cannot invoke its revisional jurisdiction under Section 401 of the Code of Criminal Procedure (Section 442 of the Bharatiya Nagarik Suraksha Sanhita) when the party who...
Supreme Court Weekly Round-up: May 26, 2025 To June 1, 2025
Reports/JudgmentsProsecution Can Be Allowed To Produce Documents Which Were Omitted To Be Submitted Along With Chargesheet : Supreme CourtCase Details: Sameer Sandhir v. Central Bureau of InvestigationCitation : 2025 LiveLaw (SC) 627The Supreme Court held that a bona fide omission by the prosecution to submit relied-upon documents to the magistrate does not prevent it from producing...
Railways Need To Upgrade Themselves With Technology To Avoid Disputes On Consignment Excess Weight : Supreme Court
The Supreme Court recently observed that the Railways must update themselves with the latest technology to avoid disputes regarding charges for excess weight of cargo consignments.The Court suggested using a mechanism like automatic videography of the loaded weight along with the weight measurement at the time of off-loading, which can save parties from avoidable litigation.A bench...
2025 LiveLaw (SC) 666 | M/s Celestium Financial v A Gnanasekaran
Click the links below for the report and the judgement.Complainant In S.138 NI Act Case Can File Appeal Against Acquittal As 'Victim' Under S.372 Proviso CrPC : Supreme CourtVictims Of Offences Can File Appeal Against Acquittal u/s 372 CrPC Even If They Aren't Complainants: Supreme...
Victims Of Offences Can File Appeal Against Acquittal u/s 372 CrPC Even If They Aren't Complainants: Supreme Court
The Supreme Court has held that "victim" of an offence has the right to file an appeal against the acquittal of the accused as per the proviso to Section 372 of the Code of Criminal Procedure (corresponding to Section 413 of the Bharatiya Nagarik Suraksha Sanhita), irrespective of whether they are the complainant or not.In other words, even if the victims themselves have not filed the...
Complainant In S.138 NI Act Case Can File Appeal Against Acquittal As 'Victim' Under S.372 Proviso CrPC : Supreme Court
In a significant judgment, the Supreme Court has held that a complainant in a cheque dishonour case for the offence under Section 138 of the Negotiable Instruments Act, 1881, is a "victim" within the meaning of Section 2(wa) of the Code of Criminal Procedure [Section 2(y) of Bharatiya Nagarik Suraksha Sanhita], who can file an appeal against acquittal under the proviso to Section 372 of the...
Supreme Court Asks Bombay HC Chief Justice To Look Into Pendency Of Landlord-Tenant Disputes
The Supreme Court has called on the Chief Justice of Bombay High Court to look into the pendency of landlord-tenant disputes across different courts and take appropriate action for timely disposal if many cases of inordinate delay are found.A bench of Justices Sanjay Karol and Manoj Misra recently ordered,"we request the learned Chief Justice, High Court of Judicature at Bombay, to take up...
Passing Of Any Law By Parliament Or State Legislature Can't Be Held To Be Contempt Of Court : Supreme Court
While closing the 2007 Salwa Judum case, the Supreme Court recently observed that any law made by the Parliament or a State Legislature cannot be held to be an act of contempt of Court."We also observe that the passing of an enactment subsequent to the order of this Court by the legislature of the State of Chhattisgarh cannot, in our view, be said to be an act of contempt of the order passed...
