Tag: judicial hierarchy

Supreme Court: Father’s Hearsay Statement Cannot Overturn a Dying Declaration
14Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Father’s Hearsay Statement Cannot Overturn a Dying Declaration

The Supreme Court held that a High Court, in its revisional jurisdiction, cannot re-appreciate evidence to overturn an acquittal. It can only correct glaring errors. Finding no such error and that the dying declaration did not establish the charges, the Court restored the Trial Court's order of acquittal. Facts Of The Case: The case originated from an incident on June 14, 2005, in which a woman sustained fatal burn injuries in a fire at her marital home. Her husband (Appellant 1) and another accused (Appellant 2) were charged under Sections 498A (cruelty) and 306 (abetment of suicide) of the Indian Penal Code. The prosecution alleged that the appellants harassed the deceased and that the fire was a result of a deliberate act. The core of the prosecution's case was a dying declara...
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Supreme Court Recalls Its Own Order Against a Judge, Upholds High Court Chief Justice’s Authority
11Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Recalls Its Own Order Against a Judge, Upholds High Court Chief Justice’s Authority

The Supreme Court, while deleting specific administrative directions against a High Court judge upon the CJI's request, reaffirmed its supervisory jurisdiction under Article 136. It emphasized that persistent judicial errors raising institutional concerns compel the Court to intervene to protect the rule of law and maintain the judiciary's dignity and credibility. Facts Of The Case: The case originated from a Special Leave Petition filed by M/s Shikhar Chemicals challenging an order passed by the Allahabad High Court. The Supreme Court, in its order dated 4th August 2025, found the High Court's judgment to be erroneous. Consequently, it set aside the impugned order and remanded the matter back to the High Court for a fresh consideration on the merits. The apex court's directive i...
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Supreme Court Expunges Remarks Against Judicial Officer: Protects Subordinate Judiciary
14Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Expunges Remarks Against Judicial Officer: Protects Subordinate Judiciary

The Supreme Court expunged the strictures passed by the Rajasthan High Court against a judicial officer, emphasizing that higher courts should refrain from making adverse remarks against subordinate judicial officers without providing them an opportunity to be heard. The Court reiterated the principle laid down in Re: ‘K’, A Judicial Officer and Sonu Agnihotri v. Chandra Shekhar & Ors., highlighting that criticism of judicial orders should focus on errors rather than personal conduct. The judgment also recommended incorporating provisions in High Court Rules to mandate disclosure of criminal antecedents in bail applications, ensuring transparency and informed judicial decisions. The appeal was allowed, and the impugned observations were expunged. Facts Of The Case: The case involves ...
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“Who Pays for Delays in Power Projects? : Supreme Court Explains CERC’s Role in Tariff and Compensation”
22May By The Legal ChamberNo Comments
Supreme Court

“Who Pays for Delays in Power Projects? : Supreme Court Explains CERC’s Role in Tariff and Compensation”

The Supreme Court held that the Central Electricity Regulatory Commission (CERC) can exercise regulatory powers under Section 79 of the Electricity Act, 2003 to impose compensation for delays, even without specific regulations under Section 178. It clarified that CERC’s orders under Section 79 are appealable to APTEL under Section 111, not through writ petitions unless jurisdictional or constitutional issues arise. The Court emphasized that regulatory gaps can be addressed via Section 79, distinguishing it from legislative rule-making under Section 178. The High Court erred in entertaining the writ petition when an alternative remedy existed. Facts Of The Case: The case involved a dispute between Power Grid Corporation of India Ltd. (PGCIL) and Madhya Pradesh Power Transmission Company L...
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