Digest Of Supreme Court Cases

Evidence Act, 1872 — S. 106 — Facts proved to be within special knowledge of accused:

Principles summarised relating to effect of failure of accused to throw any light upon facts proved to be within special knowledge of accused and circumstances when accused does owe explanation under S. 106. It was not disputed that the petitioner had taken the deceased with him on the previous day evening and thereafter he was […]

Evidence Act, 1872 — S. 106 — Facts proved to be within special knowledge of accused: Read More »

Motor Vehicles Act, 1988 — Ch. XII (Ss. 165 to 176), Ch. X (Ss. 140 to 144) and Ch. XI (Ss. 145 to 164-D) [as they stand after 2019 Amendment]

Convenient procedure for adjudication of claim cases without delay: Considering overall aspects of Amending Act of 2019, elaborate directions issued under Art. 142 of the Constitution to ensure expeditious disposal of accident compensation cases. Held further, Registrar General of the High Courts, States Legal Services Authority and State Judicial Academies are requested to sensitize all

Motor Vehicles Act, 1988 — Ch. XII (Ss. 165 to 176), Ch. X (Ss. 140 to 144) and Ch. XI (Ss. 145 to 164-D) [as they stand after 2019 Amendment] Read More »

Motor Vehicles Act, 1988 — Ss. 2(21), 2(15), 2(48) and 10(2)(d) [as amended by Amendment Act 54 of 1994] r/w Rr. 5 and 31 of the Central Motor Vehicles Rules, 1989 and S. 149:

Matter relating to whether a person licensed to drive LMV ipso facto entitled to drive a transport vehicle in that category, referred by present three-Judge Bench to larger Bench of Supreme Court for reconsideration of correctness of ruling of three-Judge Bench in Mukund Dewangan, (2017) 14 SCC 663. Held, Thereafter certain provisions which were not

Motor Vehicles Act, 1988 — Ss. 2(21), 2(15), 2(48) and 10(2)(d) [as amended by Amendment Act 54 of 1994] r/w Rr. 5 and 31 of the Central Motor Vehicles Rules, 1989 and S. 149: Read More »

Copyright Act, 1957 — S. 63: whether Offence prescribing a maximum sentence of 3 yrs, under S.63, is a cognizable and non-bailable offence explained

Held, Thus, for the offence under Section 63 of the Copyright Act, the punishment provided is imprisonment for a term which shall not be less than six months but which may extend to three years and with fine. Therefore, the maximum punishment which can be imposed would be three years. Therefore, the learned Magistrate may sentence the accused

Copyright Act, 1957 — S. 63: whether Offence prescribing a maximum sentence of 3 yrs, under S.63, is a cognizable and non-bailable offence explained Read More »

Constitution of India — Art. 227 — Writ petition against order of Revisional Court rejecting plaint under Or. 7 R. 11 CPC

A Revisional Court while allowing the application filed under Or. 7 R. 11 CPC would in substance reject the plaint but since in such a case, the said decree is not passed by the court of original jurisdiction, namely, the trial court, the remedy by way of writ petition under Art. 227 of the Constitution

Constitution of India — Art. 227 — Writ petition against order of Revisional Court rejecting plaint under Or. 7 R. 11 CPC Read More »

Constitution of India — Art. 32

In this case, On October 3, 2021, eight people were killed after a vehicle belonging to and allegedly being driven by son of senior politician mowed down the protesting farmers, among others. There was incident of violence leading to multiple deaths and injuries involving son of senior politician/sitting Minister of the Union Government, which took

Constitution of India — Art. 32 Read More »

Service Law- Retirement/Superannuation — Interpretation of Cl. 17(7)(iii) of ITI Certified Standing Orders on Age of retirement/superannuation

In terms of Cl. 17(7), employee attaining 58 yrs of age “may” be continued in service up to 60 yrs of age subject to medical fitness. Cl. 17(7)(iii) is only an enabling provision that enables appellant to continue employee who had attained 58 yrs of age up to 60 yrs provided he/she is medically fit

Service Law- Retirement/Superannuation — Interpretation of Cl. 17(7)(iii) of ITI Certified Standing Orders on Age of retirement/superannuation Read More »

Prevention of Money-Laundering Act, 2002 — Ss. 43(1) & (2), 44(1)(a) and 44(1)(c) r/w S. 4 — Determination of Territorial jurisdiction of Special Court

Law clarified on the issue that whether the trial of offence of money-laundering should follow the trial of the scheduled/predicate offence or vice versa. Held, Therefore, the question of territorial jurisdiction in this case requires an enquiry into a question of fact as to the place where the alleged proceeds of crime were (i) concealed;

Prevention of Money-Laundering Act, 2002 — Ss. 43(1) & (2), 44(1)(a) and 44(1)(c) r/w S. 4 — Determination of Territorial jurisdiction of Special Court Read More »

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