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Cheque Dishonour - Concurrent Sentencing Rule Only When Cases Arise Out Of Single Transaction: Supreme Court

The Supreme Court observed that it is only when the conviction in a cheque case arise out of the single transaction, concurrent sentence would be merited. The court noted that, in the instant case, there were several transactions over a period of time pertaining to supply of raw material to the petitioner for which the cheques tendered towards payment, were …

Supreme Court

Same Sex Marriage Issue Cannot Be Decided Without Hearing All States And UTs: Centre To Supreme Court

Central government has filed a fresh affidavit in the Supreme Court urging it to make all the State governments and Union Territories party to the petitions seeking recognition of same-sex marriage. Centre says that Concurrent list in the Seventh Schedule to the Indian Constitution includes "marriage". Centre claims that any decision on the present issues without making States a party, …

Supreme

Video Of Confession Made Before Police Inadmissible In Evidence: Supreme Court Sets Aside Concurrent Conviction In Murder Case

While setting aside concurrent conviction in a murder case, the Supreme Court observed that videography containing confession made before police is inadmissible as evidence.Statement given by an accused to police under Section 161 of CrPC is not admissible as evidence, the bench comprising CJI Uday Umesh Lalit, Justices S. Ravindra Bhat and Sudhanshu Dhulia observed.In this case, the accused. While …

Supreme Court Quarterly Digests 2022 - CRIMINAL LAW (Jan-March)

Section 427 CrPC - Concurrent Running Of Sentences Shall Not Be Allowed In Drug Trafficking Cases : Supreme Court

The Supreme Court has reiterated that discretion to direct subsequent sentence to run concurrently with the previous sentence has to be exercised judiciously depending upon the nature of offences committed.A Bench comprising Justice MR Shah and Justice BV Nagarathna observed that in NDPS cases, even while applying discretion under Section 427 of Cr.PC, the discretion shall not be in favour …

Second Appeal- High Courts Can Exercise Limited Factual Review Under Section 103 CPC: Supreme Court

The Supreme Court observed that High Courts are empowered to exercise limited factual review under Section 103 of the Code of Civil Procedure.The bench of Justices L. Nageswara Rao and S. Ravindra Bhat observed that the rule that sans a substantial question of law, the High Courts cannot interfere with findings of the lower Court or concurrent findings of fact, …

“Fifty percent of our orders will also be reversed if there were a higher court,” observed the Supreme Court on Monday, suggesting that the top court refrain from intervening in a matter if all subordinate courts concur in their decision. As a matter of principle, said the bench, the apex court should not interfere when there are concurrent findings by …

The Supreme Court has observed that conviction can be based on the testimony of a single eye witness so long he is found to be wholly reliable.The bench comprising Justices Sanjay Kishan Kaul, Aniruddha Bose and Krishna Murari observed thus while setting aside concurrent conviction of murder accused observing that the conduct of the sole testimony of one eye witness …

The Supreme Court has observed that a High Court cannot dismiss a second appeal merely on the ground that that there is a concurrent finding of two Courts, and thus such finding becomes unassailable.In this case, the High Court dismissed a second appeal filed by the state on the ground that that since two. The Supreme Court has observed that …

New Delhi: The Congress on Monday moved the Supreme Court challenging the Election Commission’s decision to hold separate elections to two Rajya Sabha seats from Gujarat even though they are being held on the same day. The EC had cited two Delhi high court judgments in support of its decision to hold election to two seats separately. Two seats fell …