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S.362 CrPC Can Be Used Only To Correct Clerical Errors : Supreme Court Criticises Allahabad HC For Modifying Murder Conviction
The Supreme Court recently disapproved of the Allahabad High Court invoking Section 362 of the Code of Criminal Procedure to modify the High Court's judgment in a criminal appeal by converting the conviction under Section 302 IPC (murder) to Section 304 Part II (culpable homicide not amounting to murder).The Court underscored that as per Section 362 of the CrPC, only clerical errors in a...
When One Judge Has Held Party Guilty Of Contempt, Another Judge Of Same HC Can't Take Contrary View : Supreme Court
The Supreme Court has held that once a Judge of a High Court has held a party guilty of contempt, another Single Judge of the same Court cannot re-examine whether contempt was actually committed. "When one Judge of the same Court has taken a particular view holding the Respondent to be guilty of contempt, another Judge could not have come to afinding that the Respondent was not guilty...
Supreme Court Seeks Data From Centre On Sanctions Granted/Refused Under S.17A PC Act To Investigate Corruption Cases Since 2018
The Supreme Court recently sought details from the Union Government as to in how many cases sanction has been granted or refused under Section 17A of the Prevention of Corruption Act, 1988 (as amended in 2018) to launch an investigation against a public servant."...we direct the Union of India to place a Statement vis-a-vis the operation of Section 17A of the said Act by detailing as to in...
Kids Bullied After NIA Linked Drug Case To Pahalgam Attack, Says Accused; Supreme Court Says Family Must Not Suffer
In connection with a bail matter where the NIA yesterday linked drug proceeds to funding of terrorism and cited the recent tragedy of Pahalgam Terror Attack, the Supreme Court was today informed that the accused's children were bullied in school as "terrorists' children" because of the comment made and had to be brought back.The matter was mentioned before a bench of Justices Surya Kant,...
Godhra Train Burning Case : Supreme Court Posts Appeals For Final Hearing On May 6 & 7
The Supreme Court today (April 24) passed an order for the final hearing of the 2018 appeals pending in the 2002 Godhra train burning case on May 6 and May 7. The Court said that no other cases will be listed on these dates.The criminal appeals, filed by the convicts challenging their conviction and the State of Gujarat seeking death sentence for the convicts, were listed before a bench...
'Honour Killing Not Rarest Of Rare, Happening In Society': Odisha Court Sentences Parents To Life Who Murdered & Burnt Minor Daughter
A Sessions Court in Odisha has convicted and sentenced parents of a minor girl to imprisonment for life for committing her murder, burning her dead body and disposing the ashes emanating therefrom in a river in order to screen the evidence.The Ad-hoc Additional Sessions Judge (FTSC-II), Jajpur Bijaya Kumar Jena further found this to be a 'honour killing' but stopped short of dubbing it as...
Justice AM Sapre Declines Rs 20 Lakh Fee, Supreme Court Directs Payment Of That Amount To Tea-Estate Workers' Widows
The Supreme Court on Wednesday (April 23) directed the States of Tamil Nadu, Kerala and Assam to identify cases where the widows of deceased tea workers are facing grave difficulties and disburse to them the amount which was to be paid to retired Supreme Court judge Justice AM Sapre.A bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan passed this direction after being informed that...
Disciplinary Proceedings Cannot Be Continued Beyond Time Limit Set By Courts Without Seeking Extension : Supreme Court
The Supreme Court today (April 23) held that when a fixed time is stipulated by a Tribunal or Court to conclude the disciplinary proceedings, continuation of such proceedings beyond that time could be illegal if no bona fide attempt is made to seek extension of time.A bench of Justices Dipankar Datta and Prashant Kumar Mishra also stated that if the Tribunal/Court fixes a time with a rider...
Supreme Court Imposes Rs 5 Lakhs Costs On Lawyer For Filing Frivolous Petition
The Supreme Court on April 22 came down heavily on a lawyer who continuously filed a frivolous petition and imposed costs of Rs. 5 Lakhs on him as a penalty. The bench of Justice Vikram Nath and Justice Sandeep Mehta expressed displeasure at the constant misuse of the legal process by the petitioner in person, who also happened to be a lawyer and filed an Article 32 writ petition before...
