Supreme court
Criminal Proceedings Can't Be Quashed Merely Because Of Pending Civil Cases On Same Subject Matter : Supreme Court
The Supreme Court reiterated that the existence of civil disputes between parties does not warrant the quashing of criminal proceedings where a prima facie case is made out. The bench comprising Justices Vikram Nath and Prasanna B Varale set aside the Karnataka High Court's decision which quashed the criminal proceedings initiated against the Respondents under Sections 120B, 415, 420 read with Section 34 of Indian Penal Code, 1860 on the allegation of fraudulently excluding the Appellant and...
Supreme Court Acquits Man Sentenced To Death, Slams Trial Court's 'Hasty Enthusiasm' In Sending Accused To Gallows On Meagre Evidence
"The Courts' enthusiasm to deliver justice in such a heinous crime ensures that the accused person ends up on the death row, albeit without sufficient evidence," the SC observed.
Rape Case Can Be Quashed Based On Settlement Between Parties In Exceptional Circumstances : Supreme Court
The Supreme Court today (July 16) observed that criminal proceedings related to rape offences can be quashed based on settlement in exceptional circumstances, subject to the facts of the case. “At the outset, we recognise that the offence under Section 376 IPC is undoubtedly of a grave and heinous nature. Ordinarily, quashing of proceedings involving such offences on the ground of settlement between the parties is discouraged and should not be permitted lightly. However, the power of the Court...
Partnership Firm With More Than Two Partners Doesn't Dissolve On Death Of One Partner If Deed Provides Continuity : Supreme Court
The Supreme Court observed that a partnership firm with more than two partners does not dissolve upon the death of one partner, provided the partnership deed contains a clause allowing the firm's continuity. The bench comprising Justices Pankaj Mithal and Ahsanuddin Amanullah heard the case where the Appellant-Indian Oil Corporation stopped the supply of kerosene to the Respondent-Partnership Firm (with three partners) just because one of its partners died. The partnership deed contains a...
S. 138 NI Act | Cheque Dishonour Complaint Maintainable Against Partners Without Arraigning Parnership Firm : Supreme Court
The Supreme Court held that a complaint under Section 138 of the Negotiable Instruments Act, 1881 (“NI Act”) for the dishonour of a cheque issued in the name of a partnership firm is maintainable against individual partners of a firm, even when the partnership firm is not arrayed as an accused.The Court reasoned that “when the offence has been proved against a partnership firm, the firm per se would not be liable, but liability would inevitably extend to the partners of the firm inasmuch as they...
Stem Cell Banking Services Qualify As "Healthcare Services" In Service Tax Exemption Notification : Supreme Court
The Supreme Court held that stem cell banking services, including enrolment, collection, processing, and storage of umbilical cord blood stem cells, constitute “Healthcare Services” which were exempted from service tax as per the notifications issued by the Ministry of Finance in 2012 and 2014 under the Finance Act, 1994.Holding so, a bench comprising Justice JB Pardiwala and Justice...
Law Needed To Compensate Accused Acquitted After Long Incarceration : Supreme Court
While acquitting a death row convict who was wrongly incarcerated for a long time, the Supreme Court on Tuesday (July 15) expressed the need to enact a law for awarding compensation in cases of wrongful incarceration. However, the Court stated that it is in the Parliament's domain to decide on this aspect. The bench comprising Justices Vikram Nath, Sanjay Karol and Sandeep Mehta stated that, unlike the United States, India lacks statutes for compensating victims of wrongful incarceration. ...
2025 LiveLaw (SC) 702 | L. MURUGANANTHAM v. STATE OF TAMIL NADU & OTHERS
Click the links below for the report :'State Must Uphold Rights Of Prisoners With Disabilities' : Supreme Court Issues Directions For Prisons In Tamil NaduPrisoners Have No Fundamental Right To Demand Personalised Or Luxurious Food Items : Supreme...
