Weekly Overview| Supreme Court Judgments: March 18 – March 22, 2024
1) Testimonies of injured witnesses & investigation officer not inspiring confidence: SC acquits two men accused in two decades old murder case
The Court acquitted two men accused in a two-decade old murder case citing various lapses affecting the sanctity of the prosecution’s case such as non-inspiring testimonies of injured witnesses and investigation officer.
The Court held that the trial court had failed the standard of scrutiny applied to a criminal proceeding for convicting an accused as there were several contradictory statements made during the testimony of the prosecution’s witnesses. The judgment of the Trial Court primarily relied on the prosecution’s witnesses and the testimony of the Investigating Officer “by virtue of having been in the driver’s seat of the case.”
Cause Title- Periyasamy v. State (Neutral Citation: 2024 INSC 212)
Date of Judgment- March 18, 2024
Coram- Justice Hrishikesh Roy and Justice Sanjay Karol
2) Litigant cannot continue to hitchhike on same judgment by relying on inherent powers of the court: SC imposes 50k costs on Adani Power Rajasthan Limited
The Court imposed costs of Rs. 50k on Adani Power Rajasthan Limited observing that a litigant cannot continue to hitchhike on the same judgment by relying on the inherent power or jurisdiction of the Court.
The Court dismissed the Adani Power Rajasthan Limited’s (APRL) miscellaneous application seeking relief on the Late Payment Surcharge (LPS) issue, holding that such a demand could not be made through a miscellaneous application and that the matter had already been addressed in previous judgments. The Court clarified that the Supreme Court Rules, 2013 do not permit a litigant to apply for modification of a judgment once a matter stands concluded.
Cause Title- Jaipur Vidyut Vitran Nigam Ltd. & Ors. v. Adani Power Rajasthan Ltd. & Anr. (Neutral Citation: 2024 INSC 213)
Date of Judgment- March 18, 2024
Coram- Justice Aniruddha Bose and Justice Sanjay Kumar
3) 'How much is too much or too little?': SC lists relevant factors for determining minimum sentence (without remission) to be imposed while commuting death penalty
The Court listed relevant factors for determining minimum sentence (without remission) to be imposed while commuting death sentence.
The Court noted that the following are the factors: (a) the number of deceased who are victims of that crime and their age and gender; (b) the nature of injuries including sexual assault if any; (c) the motive for which the offence was committed; (d) whether the offence was committed when the convict was on bail in another case; (e) the premeditated nature of the offence; (f) the relationship between the offender and the victim; (g) the abuse of trust if any; (h) the criminal antecedents; and whether the convict, if released, would be a menace to the society.
Cause Title- Navas @ Mulanvas vs State of Kerala (Neutral Citation: 2024 INSC 215)
Date of Judgment- March 18, 2024
Coram- Justice BR Gavai, Justice KV Viswanathan and Justice Sandeep Mehta.
4) PMLA| Whole of property linked to scheduled offence need not be regarded as 'proceeds of crime'
The Court observed that whole of property linked to a scheduled offense is need not be considered as "Proceeds of Crime" under Prevention of Money Laundering Act. But any property meeting the definition of "Proceeds of Crime" under Section 2(1)(u) will indeed be considered crime properties, the court said.
Satyendar Jain, accused of money laundering through four companies, was arrested on May 30 last year by the ED, based on a CBI FIR from 2017.
Cause Title- Satyendar Kumar Jain vs Directorate of Enforcement (Neutral Citation: 2024 INSC 217)
Date of Judgment- March 18, 2024
Coram- Justice Bela M Trivedi and Justice Pankaj Mithal
5) Party claiming adverse possession must know who the actual owner of the property is
The Court observed that when a party claims adverse possession, he must know who the actual owner of the property is.
The Court was deciding a batch of appeals arising out of three separate suits regarding the property dispute.
Cause Title- M. Radheshyamlal v. V Sandhya and Anr. Etc. (Neutral Citation: 2024 INSC 214)
Date of Judgment- March 18, 2024
Coram- Justice Abhay S. Oka and Justice Ujjal Bhuyan
6) Allegations don't indicate that prosecutrix engaged in sexual relationship due to false promise: SC upholds quashing of rape case
The Court upheld quashing of a rape case against man observing that the allegations made by prosecutrix does not indicate that the marriage promise was false or that the complainant engaged in the sexual relationship on the basis of such false promise.
The Court said that there are no sufficient grounds for proceeding against the accused. The aforesaid appeal challenged the order of the Karnataka High Court by which it allowed the petition of the accused and quashed the criminal proceedings.
Cause Title- Ms. X v. Mr. A and Others (Neutral Citation: 2024 INSC 216)
Date of Judgment- March 18, 2024
Coram- Justice B.R. Gavai, Justice Rajesh Bindal, and Justice Sandeep Mehta.
7) No reference to any group(s) of people in article to attract offence u/s 153a IPC: SC quashes FIR against Parvatjan’s Director Shiv Prasad Semwal
The Court quashed an FIR registered against Shiv Prasad Semwal, the director of 'Parvatjan,' in connection with a Facebook news post that was published in his e-newspaper.
The news article published in the e-newspaper allegedly portrayed the complainant as unlawfully occupying government land. The complainant further claimed that the publication aimed to incite breach of peace and to tarnish his reputation. Based on the alleged malicious news article, the complainant registered an FIR for offences punishable under Sections 153A, 500, 501, 504 read with Sections 34 and 120B IPC.
Cause Title- Shiv Prasad Semwal v. State of Uttarakhand & Ors. (Neutral Citation: 2024 INSC 220)
Date of Judgment- March 19, 2024
Coram- Justice B.R. Gavai and Justice Sandeep Mehta
8) General reference to another contract would not have the effect of incorporating arbitration clause
The Court reiterated that general reference to another contract would not have the same effect as incorporating the arbitration clause.
The Court distinguished between incorporating an arbitration clause in a contract as opposed to merely making a reference to arbitration in a contract. It further explained that that a reference to arbitration in a contract should be such that shows the intention to incorporate the arbitration clause contained in the document into the contract.
Cause Title- NBCC (India) Limited v. Zillion Infraprojects Pvt. Ltd. (Neutral Citation: 2024 INSC 218)
Date of Judgment- March 19, 2024
Coram- Justice B.R. Gavai and Justice Sandeep Mehta
9) Findings in proceedings under Income Tax Act cannot be a ground for discharge of accused in corruption case
The Court observed that findings in a proceedings under Income Tax Act cannot be a ground for discharge of accused in a corruption case. The court reiterated that while income tax returns and orders may be admissible as evidence, they do not conclusively prove or disprove a charge by default.
The appeals challenged the judgment of the High Court of Delhi, which upheld the framing of charges against Puneet Sabharwal and R.C. Sabharwal under the Prevention of Corruption Act for owning disproportionate assets.
Cause Title- Puneet Sabharwal v. CBI (Neutral Citation: 2024 INSC 221)
Date of Judgment- March 19, 2024
Coram- Justice Vikram Nath and Justice KV Viswanathan
10) Vulgarity and profanities do not per se amount to obscenity: SC quashes criminal cases against artists of web-series ‘College Romance’
The Court quashed the criminal cases under Sections 67 and 67A of the Information Technology Act, 2000 (IT Act) against the artists of the web-series ‘College Romance’.
The Court observed that vulgarity and profanities do not per se amount to obscenity.
Cause Title- Apoorva Arora & Anr. Etc. v. State (Govt. of NCT of Delhi) & Anr. (Neutral Citation: 2024 INSC 223)
Date of Judgment- March 19, 2024
Coram- Justice A.S. Bopanna and Justice P.S. Narasimha
11) Supreme Court ends a four decades long litigation between family members claiming ownership of properties
The Court ended a four decade long litigation between family members claiming ownership of some properties.
The Court was deciding a batch of appeals preferred against the judgment of the Delhi High Court by which an appeal filed in respect of Kamla Nagar property was allowed and the appeal filed in respect of the Malcha Marg property was dismissed.
Cause Title- Jugal Kishore Khanna (D) Thr LRs & Anr. v. Sudhir Khanna & Ors. (Neutral Citation: 2024 INSC 224)
Date of Judgment- March 19, 2024
Coram- Justice Vikram Nath and Justice Ahsanuddin Amanullah
12) Authority issuing advertisement inviting applications from general public is bound by the representation made
The Court held that an advertisement inviting applications from the general public constitutes a representation to the public and the authority issuing it is bound by such representation.
The appellant had applied for the selection process for LPG distributorships reserved for the Scheduled Caste community as advertised jointly by Hindustan Petroleum Corporation Limited (HPCL), Indian Oil Corporation Limited (IOCL), and Bharat Petroleum Corporation Limited. Despite emerging successful in the draw of lots, the appellant’s proposed showroom had failed to meet the eligibility criteria as per clause 8 A(n) of the Brochure for Unified Guidelines for Selection of LPG Distributorships (Unified Guidelines) as it was beyond the advertised location.
Cause Title- Tapas Kumar Das v. Hindustan Petroleum Corporation Limited & Ors. (Neutral Citation: 2024 INSC 225)
Date of Judgment- March 19, 2024
Coram- Justice Dipankar Datta and Justice Sanjay Kumar
13) Section 15(1)(B) Customs Act applicable only if goods are cleared from warehouse within 'permitted period
The Court reiterated that Section 15(1)(b) of the Customs Act applies when goods are cleared from the warehouse within the permitted period.
In this case, M/s Bhanu Iron and Steel Company Limited (BISCO) imported second-hand steel mill machinery and parts under Project Import Facility. A warehouse within their factory premises was notified as a public bonded warehouse for storing these imports without paying customs duty. In 1992, customs officials conducted a search and found discrepancies: only 304 out of 595 cases were inside the warehouse, 264 were outside but within the factory premises, and 27 were missing. The Commissioner confirmed duty demands on the 27 missing cases and imposed penalties. Additionally, 264 cases found outside the warehouse were confiscated but could be redeemed on payment of a fine. Interest was imposed on duty confirmed for these cases.
Cause Title- M/s Bisco Limited v. Commissioner of Customs & Central Excise (Neutral Citation: 2024 INSC 231)
Date of Judgment- March 20, 2024
Coram- Justice BV Nagarathna and Justice Ujjal Bhuyan
14) Dishonest inducement sine qua non to attract section 420 IPC: SC reiterates concerns on growing tendency to convert purely civil disputes into criminal cases
The Court reiterated that there has been a growing tendency in business circles to convert purely civil disputes into criminal cases while quashing an FIR due to a lack of dishonest inducement.
The Court stated that dishonest inducement was the sine qua non to attract the provisions of Sections 415 and 420 of IPC. While the FIR lodged against the appellant, even if taken at its face value, did not disclose the ingredients to attract the provision of Section 420 of IPC.
Cause Title- A.M. Mohan v. The State & Anr. (Neutral Citation: 2024 INSC 233)
Date of Judgment- March 20, 2024
Coram- Justice B.R. Gavai, Justice Rajesh Bindal, and Justice Sandeep Mehta
15) A company can file complaint under Consumer Protection Act
The Court observed that a consumer complaint filed by a company is maintainable. The court rejected the contention that the word ‘company’ is not covered within the definition of ‘person’ under Section 2(1)(m) of the Consumer Protection Act, 1986.
The Court observed thus in an appeal under Section 67 of 2019 Act preferred by Kozyflex Mattresses Private Limited (KMPL) against the final order of the National Consumer Disputes Redressal Commission (NCDRC) by which it rejected the consumer case against the SBI General Insurance Company Limited.
Cause Title- M/s. Kozyflex Mattresses Private Limited v. SBI General Insurance Company Limited and Anr. (Neutral Citation: 2024 INSC 234)
Date of Judgment- March 20, 2024
Coram- Justice B.R. Gavai and Justice Sandeep Mehta
16) SC directs State of Maharashtra & Medical College to pay one lakh compensation to a student for illegally cancelling his MBBS admission
The Court directed the State of Maharashtra and a medical college to pay compensation of Rs. 1 lakh to a student as he was deprived of his one year and harassed due to cancellation of his admission in MBBS(UG) course.
The court also directed that until a suitable rectification is made in the guidelines/rules, candidate(s) domicile of the State of Maharashtra having acquired SSC and/or HSC qualification from any recognized institution: - (i) Whose parent(s) are domiciles of Maharashtra and employed in the Central Government or its Undertaking, defence services and/or in paramilitary forces viz. CRPF, BSF, etc. and; (ii)Such parent(s) are posted at any place in the country as on the last date of document verification, shall be entitled for a seat in MBBS Course in the Maharashtra State quota. The Court was dealing with a batch of appeals filed by the student, a domicile of the Maharashtra State against the orders of the Bombay High Court.
Cause Title- Vansh S/o Prakash Dolas v. The Ministry of Education & The Ministry of Health & Family Welfare & Ors. (Neutral Citation: 2024 INSC 235)
Date of Judgment- March 20, 2024
Coram- Justice B.R. Gavai, Justice Rajesh Bindal, and Justice Sandeep Mehta.
17) Despite enactment of HIV & AIDS (P&C) Act & awareness measures by Govts, stigma accompanying HIV+Ve diagnosis is still prevalent in society
The Court in a case said that despite the enactment of the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 (in short “HIV & AIDS (P&C) Act”) and the awareness measures taken by Governments, the stigma and discrimination accompanies an HIV+ve diagnosis.
The Court was deciding an appeal challenging the judgment of the Principal Bench of the Armed Forces Tribunal (AFT), New Delhi by which it rejected a man’s prayer seeking reference of his diagnosis as AIDS inflicted, to a fresh Medical Board.
Cause Title- Satyanand Singh v. Union of India & Ors. (Neutral Citation: 2024 INSC 236)
Date of Judgment- March 20, 2024
Coram- Justice Sanjiv Khanna and Justice Dipankar Datta
18) Suspicion, however strong it may be, cannot take the place of proof beyond reasonable doubt
The Court reiterated that a suspicion, however strong it may be, cannot take the place of proof beyond reasonable doubt.
An FIR was lodged against the appellants under Section 302 of the IPC. The case of the prosecution was that one of the appellants bore enmity towards the complainant due to business losses and had allegedly conspired to murder the father (the deceased) of the complainant.
Cause Title- Raghunatha & Anr. v. The State Of Karnataka (Neutral Citation: 2024 INSC 238)
Date of Judgment- March 21, 2024
Coram- Justice B.R. Gavai and Justice Sandeep Mehta
19) Terms of appointment permits transfer to any department/office of company: SC upholds transfer of employees by Divgi Metal Wares Ltd.
The Court upheld the transfer of workmen of Divgi Metal Wares Ltd. observing that the terms of appointment of their employment permitted such transfer.
The Court explained that the terms of the appointment in the appointment order of the employees clearly stipulated that their services were transferable to any department or any work office in the Country. Therefore, the Court held that the transfers of the employees could not have been held to be invalid in view of the law laid down in Cipla Ltd. v. Jayakumar R. (1999) 1 SCC 300.
Cause Title- M/S. Divgi Metal Wares Ltd. v. M/S. Divgi Metal Wares Employees Association & Anr (Neutral Citation: 2024 INSC 237)
Date of Judgment- March 21, 2024
Coram- Justice B.R. Gavai and Justice Sandeep Mehta
20) Inability of State’s police machinery to tackle law & order situation not an excuse to invoke power of preventive detention
The Court observed that the inability on the part of the State’s police machinery to tackle the law and order situation should not be an excuse to invoke the jurisdiction of preventive detention.
The Court held that the Advisory Board must consider whether the detention is necessary not just in the eyes of the detaining authority but also in the eyes of law.
Cause Title- Nenavath Bujji Etc. vs The State of Telangana & Ors. (Neutral Citation: 2024 INSC 239)
Date of Judgment- March 21, 2024
Coram- Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra.
21) Delhi Govt not precluded from levying sales tax even if commodity falls under Schedule I ADE Act
The Court observed that the State Government is not precluded from levying the tax under the Delhi Sales Tax Act, 1975 even if the Commodity, in the present case silk fabrics, forms part of Schedule I of the Additional Duties Excise(Goods of Special Importance) Act, 1957 (ADE Act).
In this case, a Writ Petition was filed by the Appellant-assessee before the Delhi High Court challenging the notification issued by the Delhi Government under Section 4(1) of the Delhi Sales Tax Act, 1975 (the DST Act) stating that the rate of the State sales tax on silk fabrics. An assessment order was issued to the Appellant for the levy of the State sales tax and the amount demanded was Rs.4,22,095/-. The High Court dismissed the writ petition, and therefore, the aggrieved, the Assessee appealed to the Supreme Court.
Cause Title- Saree Sansar v. Govt. of NCT Delhi and Ors. (Neutral Citation: 2024 INSC 240)
Date of Judgment- March 21, 2024
Coram- Justice Abhay S. Oka and Justice Sanjay Karol
22) Granting blanket exemption from requirement of obtaining environmental clearance unconstitutional
The Court observed that granting blanket exemption from the requirement of obtaining Environmental Clearance is unconstitutional as it violates Article 14 of the Constitution of India. The Court struck down item 6 of the substituted Appendix-IX forming part of the 2020 notification and item 6 of the amended 2023 notification (both issued by Ministry of Environment and Forests)
The Court observed that citizens are major stakeholders in environmental matters and therefore power to dispense with the requirement of publication of prior notice under Rule 5 of Environment (Protection) Rules cannot be casually exercised. The Court observed thus in a batch of appeals against the judgment and order of the National Green Tribunal (NGT) by which it rejected the review petition filed by a person for seeking review of the judgment.
Cause Title- Noble M. Paikada v. Union of India (Neutral Citation: 2024 INSC 241)
Date of Judgment- March 21, 2024
Coram- Justice Abhay S. Oka and Justice Sanjay Karol
23) S 106(3) Railways Act | 6-month time period for making a notice of claim, is only attracted, when refund is for an overcharge
The Court held that 6-month time period for making a notice of claim under Section 106 (3) of the Railways Act, 1989, only applies when the claim is for a refund of an overcharge. For all other charges, be it illegal or not, the said provision will have no application whatsoever, the court added while emphasizing fine distinction between 'overcharge' and 'illegal charge'.
The court ruled against the Railways in a case concerning overpayment of freight charges, noting that it imposed an unlawful fee on Indian Oil Corporation (IOC) for a distance of 444 kms instead of the actual distance of approximately 334 km.
Cause Title- Union of India vs M/s Indian Oil Corporation Ltd. (Neutral Citation: 2024 INSC 243)
Date of Judgment- March 21, 2024
Coram- Justice JB Pardiwala and Justice Sandeep Mehta
24) No acts of incitement proximate to date of suicide: SC quashes chargesheet u/s 306 IPC against accused
The Court quashed proceedings under Section 306 IPC (abetment of suicide) against an accused noticing that there were no acts of incitement on his part proximate to the date on which the deceased committed suicide.
The Court took note of the four suicide notes allegedly written by the deceased which made general allegation against the appellant and her family members and a local MLA of how they were responsible for his suicide.
Cause Title- Amudha v. The State & Anr. (Neutral Citation: 2024 INSC 244)
Date of Judgment- March 22, 2024
Coram- Justice Abhay S. Oka and Justice Ujjal Bhuyan
25) Role attached to accused should be the focus while applying principle of parity in bail applications
The Court confirmed the grant of anticipatory bail to a mother who allegedly conspired with her son to blackmail a woman with obscene photographs. The Court stated that the “grant of bail based on parity is not a claim of right,” and explained that to apply the principle of parity, a “Court is required to focus on the role attached to the accused whose application is under consideration.”
In this case, an FIR was lodged against the mother and her son for allegedly taking obscene photographs of the complainant without her knowledge, threatening to circulate them on social media, and trying to extort money from her.
Cause Title- Sabita Paul v. The State of West Bengal & Anr. (Neutral Citation: 2024 INSC 245)
Date of Judgment- March 22, 2024
Coram- Justice Vikram Nath and Justice Sanjay Karol
26) SC expresses concern over procedure adopted for selection of two Election Commissioners
The Court while dismissing applications for stay on the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 that excluded the Chief Justice of India (CJI) from appointment of Election Commissioners expressed its concern on the procedure adopted for selection of the incumbents to the two vacant posts of Election Commissioners.
The Court was deciding a batch of pleas for stay of selection and appointment of the Election Commissioners (ECs), in the writ petitions filed, inter alia, challenging the vires of Section 7(1) of the aforesaid 2023 Act.
Cause Title- Dr. Jaya Thakur & Ors. v. Union of India & Anr. (Neutral Citation: 2024 INSC 246)
Date of Judgment- March 22, 2024
Coram- Justice Sanjiv Khanna and Justice Dipankar Datta
27) Accused was not subjected to preliminary assessment by juvenile justice board to find out whether he should be tried as adult: SC quashes POCSO conviction
The Court directed the release of an accused in POCSO case who was a juvenile when the offence was committed. The Court said that the very foundation of prosecution case is illegal to the core as he was never presented before the Juvenile Justice Board as per the mandate of the Juvenile Justice Act.
In this case, an appeal was filed against the judgment of the Madras High Court by which it dismissed the criminal appeal of the accused under Section 374(2) of the Criminal Procedure Code (CrPC) and affirmed his conviction by awarding him sentence.
Cause Title- Thirumoorthy v. State Represented by the Inspector of Police (Neutral Citation: 2024 INSC 247)
Date of Judgment- March 22, 2024
Coram- Justice B.R. Gavai and Justice Sandeep Mehta
28) Section 20 CPC is a residuary provision only applicable to cases beyond those in Section 15 -19 CPC
The Court observed that Section 20 of the Code of Civil Procedure which provides that a suit can be initiated where the defendant resides or cause of action arises is a residuary provision only applicable to cases beyond those in Section 15 to 19 CPC.
The Court observed thus in a Transfer Petition filed by a company seeking transfer of a case filed by the other company from the District Court, Madhya Pradesh to the City Civil Court, Calcutta, West Bengal.
Cause Title- M/s Acme Papers Ltd. v. M/s Chintaman Developers Pvt. Ltd. & Ors. (Neutral Citation: 2024 INSC 248)
Date of Judgment- March 22, 2024
Coram- Justice Sudhanshu Dhulia and Justice Prasanna B. Varale
29) Granting bail by merely noticing arguments raised by counsel cannot be legally sustained: SC sets aside bail granted to murder accused
The Court, while setting aside bail granted to a murder accused, observed that releasing an accused involved in a heinous crime on bail by merely noticing arguments raised by counsel cannot be legally sustained.
The complainant had filed an FIR alleging his son's murder. The accused was arrested and taken into custody after the investigation. Despite the trial court's rejection of his bail application, the High Court granted him bail. Subsequently, the complainant challenged the order of the Allahabad High Court which granted bail to the accused.
Cause Title- Ram Murti Sharma v. State of Uttar Pradesh & Anr. (Neutral Citation: 2024 INSC 250)
Date of Judgment- March 22, 2024
Coram- Justice Sudhansu Dhulia and Justice Rajesh Bindal
30) "Appears to be homicide & not suicide; culprits must be apprehended": SC orders CBI investigation into death of Manipur girl in Delhi
The Court ordered CBI Investigation into the death of a 25 year old Manipur Girl in Delhi. The court observed that it appears to be a homicide and not a suicide and therefore the culprits must be apprehended.
It added that the unresolved crimes tend to erode public trust in institutions which have been established for maintaining law and order. The Court observed thus in a criminal appeal filed by two cousins of the deceased who was found dead in her rented accommodation in 2013.
Cause Title- Awungshi Chirmayo and Anr. v. Government of NCT of Delhi and Others (Neutral Citation: 2024 INSC 249)
Date of Judgment- March 22, 2024
Coram- Justice J.K. Maheshwari and Justice Sudhanshu Dhulia
31) Police/Investigation agencies must scrupulously adhere to all Constitutional/Statutory safeguards & SC Guidelines while arresting a person
The Court issued a general direction to the police/investigation agencies to scrupulously adhere to all Constitutional and statutory safeguards and the additional guidelines laid down by it when a person is arrested by them and/or remanded to their custody. It said that the high-handed acts committed by persons in power against an ordinary citizen in a non-bargaining position brings shame to the entire justice delivery system.
The Court strongly denounced the high-handed action of the police officer who abused his official position by physically assaulting and verbally abusing the appellant in police custody. The Court found the police officer to have committed “excesses against the appellant.”
Cause Title- Somnath v. The State of Maharashtra & Ors. (Neutral Citation: 2024 INSC 232)
Date of Judgment- March 18, 2024
Coram- Justice Vikram Nath and Justice Ahsanuddin Amanullah
32) Presence of Advocate of accused required while recording examination-in-chief of material prosecution witnesses
The Court observed that the presence of the Advocate for the accused is required while recording of the examination-in-chief of a material prosecution witness.
The Court was dealing with appeals filed by two accused persons who were prosecuted for the offences punishable under Sections 419 and 420 of the Indian Penal Code (IPC) and Section 66, read with Sections 43(J) and 66D of the Information Technology (Amendment) Act, 2008.
Cause Title- Ekene Godwin & Anr. v. State of Tamil Nadu (Neutral Citation: 2024 INSC 229)
Date of Judgment- March 18, 2024
Coram- Justice Abhay S. Oka and Justice Ujjal Bhuyan
