Radhika Maheshwari

Supreme Court: State Cannot File One Charge-Sheet First and Supplementary Charge-Sheet Later To Extend the Time Limit

The Supreme Court in a judgement on Monday while granting a default bail to the Appellant observed that the investigation period set out in Section 167 of the Code of Criminal Procedure could not be expanded by filing a supplementary charge-sheet relating to UAPA violations.

Supreme Court: Accused Can Be Summoned Even on the Basis of Examination-in-Chief of a Witness

In a judgement on Monday, the Supreme Court observed that under Section 319 of the Code of Criminal Procedure, an accused might be summoned even based on examination in chief of witness, and the Court does not have to wait for his cross-examination.

Article 137 of Limitation Act Governs the Limitation Period for Filing Application Seeking Appointment of Arbitrator: Supreme Court

Excerpt The Supreme Court in a judgment on 10 March 2021 observed that Article 137 of the First Schedule of the Limitation Act would govern the time of limitation for filing an application under Section 11 of the Arbitration...

Quashing Criminal Proceedings Merely Because of the Presence of Civil Remedies Is Insufficient: Supreme Court

Excerpt The Supreme court in a judgement on 10 March 2021 observed that simply the presence of civil remedies did not become a ground to quash criminal proceedings. Facts of the Case In this case, the owner of the subjected property was...

Statement Under Section 313 of CrPC Is Not Substantive Evidence To Rebut Presumption Formed Under Negotiable Instruments Act: Supreme Court

Excerpt The Supreme Court in a judgement on 9 March 2021, while hearing an appeal petition against the High Court of Himachal Pradesh observed that the statement of the accused recorded u/s 313 of the Criminal Procedure Code was...

Even in Case of Joint Liability, Person Who Has Not Drawn the Cheque Cannot Be Prosecuted Under SEC. 138 of NI Act: Supreme Court

Excerpt The Supreme Court in a judgement dated 8 March 2021, observed that even in the case of joint liability, under Section 138 of the Negotiable Instrument Act, a person other than the person who had drawn the cheque on...

Dying Declaration Is Valid Even Though It Was Recorded in Front of Relatives in the Hospital: Supreme Court

Case Name: Satpal vs. State of Haryana Excerpt The Supreme Court in a criminal case on 3 March 2021 observed that a dying declaration given by the deceased in the hospital in front of the relatives was valid in nature...

OBC Quota Cannot Breach 50% Ceiling: Supreme Court

Case Name: Vikas Kishanrao Gawali vs. State Of Maharashtra Excerpt In a judgement on Thursday the Supreme Court ruled that the reservation for Other Backward Classes (OBC) was purely statutory in contrast to the constitutional reservation for Scheduled Castes...

If FIR Found To Be Abuse of Process of Law, High Court Can Quash It by Writ Jurisdiction Under Article 226: Supreme Court

Case Name: Kapil Agarwal vs. Sanjay Sharma Excerpt The bench of the Supreme Court comprising Justices DY Chandrachud and MR Shah observed that the High Court could use its power of writ jurisdiction given under Article 226 of the Constitution...

Supreme Court Restores Appeal Before NGT Against Environmental Clearance Granted To Vishakhapatnam International Airport

Excerpt In a case on Monday (02.March.2021), the Supreme Court overturned a National Green Tribunal decision dismissing an appeal challenging the award of environmental clearance for the development of the Vishakhapatnam Greenfield International Airport. Facts of the Case In the present case,...

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