THE HIGHER COURT’S ORDER PREVAILS, MERGING THE TRIAL COURT’S ORDER: SUPREME COURT
Case Name: Balbir Singh & Anr Etc Vs. Baldev Singh (D) Through His Lrs & Ors. Etc
The Supreme Court, while observing that multiple decrees addressing the same subject matter cannot be issued simultaneously, clarified the Doctrine of Merger, stating that when a superior court decides a case—whether by confirming, altering, or reversing the lower court’s decree, the decision of the superior court becomes the final, binding, and operative order, thereby merging the lower court’s ruling.
Legal Provisions:
- The Doctrine of Merger
Source: SUPREME COURT
SANJAY ROY SENTENCED TO LIFE IMPRISONMENT IN RG KAR RAPE-MURDER CASE: KOLKATA COURT
Case Name: Unknown
A sessions court in Kolkata’s Sealdah has sentenced life imprisonment to Sanjay Roy, the prime accused who was charged with rape and murder of a trainee doctor following her night shift at RG Kar Medical College & Hospital noting that it did not qualify as one of the “rarest or rare” cases deserving a death sentence. It directed the State Government to compensate the victim’s family Rs 17 Lakh for their suffering.
Legal Provisions:
- Section 64,Bharatiya Nyaya Sanhita-Punishment for rape.
- Section 66, Bharatiya Nyaya Sanhita-Punishment for causing death or resulting in persistent vegetative state of the victim.
- Section 103(1),Bharatiya Nyaya Sanhita-Punishment for murder.
Source: SESSIONS COURT IN KOLKATA’S SEALDAH
NON -COMPLIANCE WITH SECTION 52A OF THE NDPS ACT IS NOT FATAL TO TRIAL IF CONTRABAND RECOVERY IS PROVEN: SUPREME COURT
Case Name: Bharat Aambale Vs. The State Of Chhattisgarh
The Supreme Court upheld the conviction for contraband possession, rejecting the accused’s argument that procedural errors under section 52A of the Narcotic Drugs and Psychotropic Substances (NDPS) Act made the trial invalid. The failure to comply with Section 52A of the NDPS act doesn’t automatically invalidate the trial as long as there is credible evidence showing the recovery of Contraband from the accused.
Legal Provisions:
- Section 52A, The Narcotic Drugs And Psychotropic Substances Act, 1985- Disposal of seized narcotic drugs and psychotropic substances.
Source: SUPREME COURT
Also Read – (DAILY CURRENT AFFAIRS 17 JANUARY 2025)
WRITTEN BY – Veera Syamala Devi Nandikanuma
EDITOR – Vishakha Khatri