The Hon’ble Supreme Court on 14.12.2020, in the matter of Amar Nath Chaubey v. Union of India and Others pronounced that once the conscience of the court is satisfied, from the materials on record, that the police has not investigated properly or apparently is remiss in the investigation, the court has a bounden constitutional obligation to […]
SC: Parliament can make law declaring any stretch/section to be a national highway
The Hon’ble Supreme Court, on 08.12.2020, in the matter of The Project Director, Project Implementation Unit v. P.V. Krishnamoorthy & Ors. observed that there is nothing in the Constitution which constricts the power of the Parliament to make a law for declaring any stretch/section within the State not being a road or an existing highway, […]
SC: Courts are free to determine whether independent conviction is possible in case group prosecution under Section 149 IPC fails
The Hon’ble Supreme Court. on 10.12.2020, in the matter of Rohtas & Anr. v. State of Haryana held that courts are free to weigh the evidence and determine whether an independent conviction is possible in case group prosecution under Section 149 IPC fails. Questions before the Hon’ble Supreme Court Whether a charge framed with the […]
SC: Court must defer to the understanding of clauses in tender documents by the author thereof
The Hon’ble Suprreme Court, on 08.12.2020, in the matter of The State of Madhya Pradesh & Anr. v. U.P. State Bridge Corporation Ltd. & Anr. held that court must defer to the understanding of clauses in tender documents by the author thereof unless, pithily put, there is perversity in the author’s construction of the documents […]
SC: Standard of proof in MACT cases is preponderance of probabilities
The Hon’ble Supreme Court, on 08.12.2020, in the matter of Anita Sharma & Ors. v. The New India Assurance Co. Ltd. & Anr. that strict principles of evidence and standards of proof like in a criminal trial are inapplicable in MACT claim cases. The standard of proof in such like matters is one of preponderance […]
SC: Admissions to Medical Colleges cannot be permitted to be made beyond sanctioned capacity
The Hon’ble Supreme Court, on 07.12.2020, in the matter of National Medical Commission v. Mothukuru Sriyah Koumudi & Ors. pronounced that admissions to Medical Colleges cannot be permitted to be made beyond the sanctioned annual intake capacity of a medical college. Directions cannot be issued for increasing annual intake capacity and to create seats. The […]
SC: Assessment of questions by courts itself to arrive at correct answers is not permissible.
The Hon’ble Supreme Court, on 07.12.2020 in nthe matter of Vikesh Kumar Gupta & Anr. v. The State of Rajasthann & Ors. held that it is not permissible for the High Court to examine the question papers and answer sheets itself. In any event, assessment of the questions by the courts itself to arrive at […]