Supreme Court Monthly Round-Up: February 2024

Here's a comprehensive overview of the Supreme Court of India proceedings during the second month of 2024. This monthly digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the month of February and also the updates of the Constitution bench hearing in Aligarh Muslim University's minority status and on the...

Supreme Court Directs Action Against Rajasthan Police Officials Alleged To Have Assaulted Witness To Elicit Confession

Shocked at allegations levelled by a prosecution witness against state officials, regarding assault for the purpose of eliciting a confession, the Supreme Court recently directed undertaking of an inquiry as well as administrative and criminal action.The Bench of Justices Abhay S Oka and Ujjal Bhuyan was hearing the petitioner-accused's challenge to a Rajasthan High Court order declining...

Filing Return By Due Date U/s 139 Is Mandatory For Political Party To Claim Exemption U/s 13A: Delhi ITAT Refuses To Stay Recovery Against Congress Party

While holding the argument that an assessee is entitled to a stay on the recovery proceedings on payment of 20% of the demand during the pendency of appeal before the Tribunal, as too general, the New Delhi ITAT dismisses the stay application of Indian National Congress treating it as meritless. At the same time, on the merits of the matter, the ITAT ruled that compliance...

'Proceeds Of Crime' Not Magical Term Which Can Be Established Merely Because ED Recites It In Complaint: Delhi Court Grants Bail In PMLA Case

While granting bail to a man in a money laundering case, a Delhi Court has observed that “proceeds of crime” is not a magical term that can be taken to be established merely because the Enforcement Directorate (ED) has recited it in its complaint. Additional Sessions Judge Sudhanshu Kaushik of Patiala House Courts observed that there ought to be some evidence on record to demonstrate that...

Need To Educate Police About Freedom Of Speech, They Must Be Sensitised About Democratic Values : Supreme Court

This observation was made by the apex court while quashing a criminal case against a professor under Section 153A of the Indian Penal Code for his WhatsApp status criticising the abrogation of Article 370.

A Comprehensive Evaluation Of Section 31 Cr.P.C Regarding The Sentence To Be Passed For Several Offences At One Trial [Q And A]

Even though Section 31 Cr.P.C is a small Section with 3 sub-sections, it has been eluding the comprehension of many in the Bench and the Bar, necessitating some elucidation so that its contours are better understood. I will first deal with Section 31 (1) and thereafter sub-sections (2) and (3) of the said Section. THE SCOPE OF SECTION 31 (1) Cr.P.C. Section 31 Cr.P.C reads...

States' Power To Tax Minerals Not Traceable To Power To Tax Land: Harish Salve Before Supreme Court 9-Judge Bench [DAY 5]

The Supreme Court on Wednesday (March 6) continued hearing the 9- Judge Constitution Bench matter on Royalties imposed on mining. On its 5th day of hearing, the Court deliberated upon the significant questions regarding the taxation of land and mineral rights, challenging the distinction between Entry 49 and Entry 50 in List II of the Indian Constitution. Senior Advocate Harish Salve,...

By Judicial Order, High Court Cannot Render Advice : Supreme Court

While deprecating a High Court order for overlooking the long period of incarceration undergone by the petitioner, the Supreme Court recently reiterated that Courts cannot render "advice" through judicial orders and stayed a direction calling for a periodical report from Trial Court on the progress of trial."We are of the view that issuing such a direction amounts to interference with day to...

Cooperating With Investigation Doesn't Mean Accused Is Expected To Make Self Incriminating Statements : Supreme Court

The Supreme Court observed that where the interim protection from arrest is subject to the accused's cooperation in the investigation, he/ she is not expected to make self-incriminating statements under threat of the State seeking the withdrawing of such protection. “An accused, while joining investigation as a condition for remaining enlarged on bail, is not expected to...

Fill Remaining Vacancies Of Central Haj Committee Expeditiously : Supreme Court To Centre

The Union Government informed the Supreme Court on Thursday (March 7) of the updated status report on steps taken to complete the composition of the Central Haj Committee.The counsel for the petitioner, Senior Advocate Mr.Sanjay Hegde and Mr. Talha Abdul Rahman, brought attention to vacancies in the Central Haj Committee, and the Additional Solicitor General(ASG) Mr. K M Nataraj, appearing...

Supreme Court Directs Convening Of Special General Body Meeting Of SCBA On Or Before April 16 To Discuss Electoral Reforms

The Supreme Court recently (March 04) ordered that the Supreme Court Bar Association's Special General Meeting shall be convened on or before April 16 at Supreme Court Bar Library No.1. Further, it has also been stated that the Supreme Court Bar Association members, who, as per the SCBA rules, are eligible to vote in its election, can participate in this meeting.“We are prima facie...

Supreme Court Dismisses MMT's Challenge Against Delhi HC Interim Order Allowing Booking.com To Use 'Make My Trip' As Google Adword

The Supreme Court on Thursday (March 7) refused to entertain MakeMyTrip's challenge against the Delhi High Court order which had lifted the interim restraining orders against Google and Booking.com from using the 'MakeMyTrip' (MMT)mark, with or without spaces, as a keyword on the Google Ads Program. The Court noted the lack of any premised confusion under S.29 of the Trade Mark Act 1999.The...