SC Judgments

What all will you expect the SC to do... even burning garlic

Union of India and Ors. v. M/s Exim Rajathi India Pvt. Ltd., Arising out of S.L.P.(C) No.11808 of 2006. Date of Judgment 26-11-08

Supreme Court had to decide what to do with fungi infested garlic from China

High Court allowed import after fumigation. Union of India approached the SC to reverse the order as the fungi could have long lasting effect on farming sector.

The issue is not whether the SC decided it right, but SC had to decide it!

Requirements of a Decision Based on Circumstantial Evidence

A. Yadhav v. State of Karnataka, Criminal Appeal No. 102 of 2001. Date of Judgment 25-11-08

When a Case is determined based on circumstatial evidence the degree of evidence is higher and the same is restated in this case as follows.

1. Where a case rests squarely on circumstantial evidence, the inference of guilt can be justified only when all the incriminating facts and circumstances are found to be incompatible with the innocence of the accused or the guilt of any other person.

2. The circumstances from which an inference as to the guilt of the accused is drawn have to be proved beyond reasonable doubt and have to be shown to be closely connected with the principal fact sought to be inferred from those circumstances.

3. Where the case depends upon the conclusion drawn from circumstances the cumulative effect of the circumstances must be such as to negative the innocence of the accused and bring the offences home beyond any reasonable doubt.

Dismissal of a Petititon on Technical Ground Will Not Operate as Resjudicata

State of U.P. &Anr. v. Jagdish Saran Agrawal & Ors. Civil Appeal No. 6757-6758 of 2008. Date of Judgment25-11-08

"The dismissal of the suit for non-prosecution was not a decision on merit. Consequently, the said order cannot operate as Resjudicata."