right to defend - The Legal Chamber

The Supreme Court held that the mandatory 120-day period for filing a written statement in a commercial suit was extended by its COVID-19 limitation orders. Crucially, it ruled that even if a written statement is not filed, the defendant’s fundamental right to cross-examine the plaintiff’s witnesses is not forfeited, as procedural rules must serve substantive justice. Facts Of The Case: In 2019, M/s Anvita Auto Tech Works Pvt. Ltd. appointed M/s Aroush Motors as a dealer for CFMOTO motorcycles. The plaintiff invested significant sums in security deposits, showroom setup, and initial stock. The business was disrupted when a government ban on BS-IV vehicles took effect in April 2020, and the defendant failed to supply promised upgrade kits. Consequently, the plaintiff terminated the dealer...

This Supreme Court judgment sets aside the appellant's conviction and death sentence, holding that the trial was vitiated due to a denial of fair trial rights, including inadequate legal representation and failure to provide documents. The prosecution's circumstantial evidence—last seen, CCTV footage, disclosure statements, and DNA reports—was found unreliable and unproven beyond reasonable doubt. Facts Of The Case: A seven-year-old girl went missing on February 5, 2017, from her residence in Chengalpet, Tamil Nadu, while her parents were out shopping. After an unsuccessful search, a missing persons report was filed. Investigations, including reviewing CCTV footage from a nearby temple, led the police to suspect the appellant, Dashwanth, a neighbour residing in the same building. He was ...

Tag: right to defend

Supreme Court: Right to Cross-Examine Survives Even If Written Statement Is Not Filed

Supreme Court Acquits Man in POCSO Death Penalty Case Citing Procedural Flaws