Supreme Court Weekly Round Up- November 29 To December 5, 2021

JUDGMENTS THIS WEEK1. Arms Act - Illegal Use Of Licensed Weapon Per Se Not Offence Under Section 27 Unless Misdemeanour Under Sections 5/7 Proved : Supreme CourtCase Title: Surinder Singh v State (Union Territory Of Chandigarh)| Criminal Appeal No. 2373 Of 2010Citation : LL 2021 SC 687The Supreme Court has observed that illegal use of a licensed or sanctioned weapon per se does not constitute...

"Natural Justice Principles Violated": Manipur HC Sets Aside Legislative Assembly Speaker's Disqualification Order Against An MLA

The Manipur High Court last week set aside a disqualification order passed by the Speaker, 11th Manipur Legislative Assembly against an MLA, Tongbram Robindro Singh in June 2020.The Bench of Chief Justice Sanjay Kumar and Justice M. V. Muralidaran held that there was is a clear and flagrant violation of the principles of natural justice while passing the disqualification order as no...

Importance Of Ethics In Legal Profession : Lecture By Justice AS Oka

Supreme Court judge Justice Abhay S Oka delivered a lecture on the topic "Importance of Ethics In Legal Profession" as part of the Second Annual Lecture organized by the Advocates Association of Western India at Bombay High Court on December 4.The excerpts from his lecture given below :Rules Of Professional EthicsAs far as rules of professional ethics are concerned, the emphasis is on:...

SARFAESI Proceedings Not Invalidated On Mere Failure Of Bank In Giving Reply To Objections If Borrower's Proposals Were Otherwise Considered : Supreme Court

The Supreme Court held that failure to furnish reply by the creditor as per the mandate of Section 13(3A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) would not entitle the debtor of discretionary relief, if the Court is satisfied that the creditor has considered the debtor's representation and...

Calcutta High Court Calls For An Inquiry Into Police Officials' Conduct For Not Investigating A Mob Lynching Case

Pulling up West Bengal Police for not following Police Regulation of Bengal in relation to a Mob Lynching Case, the Calcutta High Court last week called for an inquiry into the conduct of the Officers-in-Charge of two police stations in the state.The Bench of Justice Rajasekhar Mantha issued this order after noting lapses on the part of the Shibpur and the Shakespeare Sarani Police Stations...

Param Bir Singh's Challenge To Departmental Enquiries Should Be Made Before CAT : Maharashtra Govt Tells Supreme Court

The Maharashtra Government has told the Supreme Court that the former Mumbai Police Commissioner Param Bir Singh, who was recently suspended from the Mumbai police over allegations of misconduct, is indirectly trying to seek a stay on the criminal investigations pending against him through his Special Leave Petition, which is essentially filed against the preliminary enquiry as part...

Maintainance- Magistrate Empowered U/S 125 CrPC To Sentence Defaulter To Separate Terms Of Imprisonment Of Upto 1 Month For Every Month's Default: Rajasthan HC

In a significant judgment, the Rajasthan High Court has held that a Magistrate is empowered under Section 125 of CrPC to pass separate sentences over non-compliance of its order granting maintenance, and that such sentence may be of upto one-month imprisonment each for every month's default."We have no hesitation in holding that where the defaulter repeatedly breaches the order of...

Supreme Court Grants Pre-Arrest Bail To Man Accused Of Raping Olympian Mayookha Johny's Friend

The Supreme Court on Friday granted anticipatory bail to C.C Johnson, the man accused of raping Olympian Mayookha Johny's friend, and for capturing her nude photographs to blackmail her with a direction to the accused to cooperate with the investigation. The bench of Justices Ajay Rastogi and A.S Oka while disposing of the special leave petition assailing the Kerala High Court's order...

"Do Little Service To This Court Or Sanctity Of It's Procedure": Delhi High Court Unhappy Over Improper Filing Of Document In Petition

The Delhi High Court has recently expressed it's unhappiness over improper filing of a notice in the form of a 'folded photograph' in the petition remarking that such filing "do little service to the Court or sanctity of it's procedure".Justice C Hari Shankar noted that the notice dated 23rd February, 2021 issued by the petitioner in the matter to the respondent, was filed in the form of a...

75% Extortion Collection Was For Param Bir Singh, 25% For Sachin Waze – Says Mumbai Police Charge Sheet

Ex-Mumbai Police Commissioner Param Bir Singh had a 75% share in the extortion amount collected from cricket bookies, while the remaining 25% was for dismissed cop Sachin Waze, according to the Mumbai Police charge sheet filed on Saturday. Based on statements of several witnesses the Mumbai police's crime branch further said that it had been established that Singh was referred to...

Giving Third Degree Treatment For Extracting Confession 'Worst Crime': Patna High Court Directs Bihar DGP To 'Set House Right'

"Giving third-degree treatment to the apprehended accused and that too for extracting confession is the worst crime in a civilized society which can be committed by a Police officer," said Patna High Court recently as it observed that the Judiciary is witnessing a large number of custodial deaths caused by men in uniform.The Bench of Justice A. M. Bidar further expressed hope that...

Due To The Judicial Intervention The Growth Of Nation Shouldn't Be Stalled: Union Law Minister Kiren Rijiju

Over a week after Prime Minister Narendra Modi said that obstacles are put in the development of our own country sometimes in the name of freedom of expression and sometimes with the help of something else, Union Law Minister Kiren Rijiju today said that the developmental projects shouldn't be stalled due to the Judiciary. "It is the work of the Judiciary to decide what is right and what...