Accused Not Filing Petition To Quash FIR/Chargesheet Has No Relevance In Deciding Bail Application : Supreme Court

The Supreme Court, while granting bail to human rights activist Teesta Setalvad, observed that the accused not filing an application for quashing the FRI/Chargesheet is not a relevant consideration for deciding bail application . If such a position was to be accepted, then no bail application be can be accepted unless the accused files an application for quashing the proceedings, the Apex...

Dushyant Dave Writes: On Manipur, Supreme Court Must Be More Proactive

It is easy for the ruling party to first allow mayhem in a state and then stand before the Court and pretend that the situation is under control. The SC had a duty to go into the reasons for the violence

HCA Dispute : Supreme Court Refuses To Entertain Former Indian Cricket Team Captain Mohd Azharuddin’s Plea Against HC’s Contempt Notice

The Supreme Court on Friday refused to entertain former Indian Test Cricket captain Mohammad Azharuddin’s plea against a contempt notice issued by the Telangana High Court in a dispute between the Hyderabad Cricket Association (HCA) and the Nalgonda District Cricket Association (NDCA). Azharuddin, who was the president of the former, is facing contempt proceedings for...

All India Judicial Service Is Important, But At Present There Is No Consensus: Law Ministry

In response to the question raised by MP Dr. Beesetti Venkata Satyavathi on government’s plan to set up All India Judicial Service, the Law Ministry has responded that at present, there is no consensus on the proposal for setting up an All India Judicial Service (AIJS).However, the reply also stated that “in Government's view, a properly framed All India Judicial Service is important...

[BAIL] Questions & Answers By Justice V. Ramkumar- Anticipatory Bail [Part-VII]

Q.31 Can anticipatory bail be granted in respect of economic offences involving violation of FERA to the tune of millions of US Dollars ? Ans. Yes. In Gurbaksh Singh Sibbia (Supra - AIR 1980 SC 1125), which arose out of the verdict of a Full Bench of the Punjab and Haryana High Court in Gurbaksh Singh Sibbia (Supra - AIR 1980 SC 1125), did not approve Proposition No. 7 laid...

No Proposal To Take Assistance Of Retired Judges, Senior Advocates In Drafting Legislations: Law Ministry

The Legislative Department has been taking necessary steps to ensure that legislative drafting is simple and unambiguous and at present, there is no proposal to take the assistance of retired judges or senior advocates in drafting legislations, the Law Ministry said on Friday in response to a question raised by Lok Sabha MP D K Suresh during the Monsoon Session of Parliament.The MP had...

Central Govt Party To 6.3 Lakh Court Cases; Has Spent ₹272 Crore On Litigation In Last Five Years: Law Ministry

On the second day of the 2023 Monsoon Session of Indian Parliament, Lok Sabha MP Dushyant Singh raised questions regarding cases that involve the Central government. He sought answers to following questions: (a) the total percentage of cases that involve the Government as a party; (b) the expenditure on all of these cases, categories by year and type; (c) the nature of...

75% Of High Court Judges Appointed Since 2018 Are From General Category: Law Ministry

On the second day of the 2023 Monsoon Session of Indian Parliament, Hyderabad Lok Sabha MP Asaduddin Owaisi, asked the Ministry of Law and Justice whether it is a fact that 79% judges appointed in all High Courts were from upper castes during the last five years indicating inequitable representation of backward and minoritiesHe also asked whether it is true that only 2.6% of the total 537...

DHJS Exam 2022 : Supreme Court Sets Aside Delhi HC Order Allowing Re-Evaluation Of Answer Sheet

The Court pointed out that the rules specifically prohibited re-evaluation.

Person Summoned Under Sec 69 CGST Act Cannot Seek Anticipatory Bail Under S 438 CrPC; Only Remedy Is Under Art 226 : Supreme Court

The Supreme Court on Monday held that if a person is summoned under Section 69 (Power to arrest) of the CGST Act, 2017 for the purpose of recording of his/her statement, the provision of Section 438 (Anticipatory Bail) of Criminal Procedure Code, 1973 cannot be invoked.A division bench of Justice J B Pardiwala and Justice Prashant Kumar Mishra observed: “Thus, the position of law is that...

Supreme Court Issues Notice On Akhil Gogoi's Plea Challenging Sedition Law And Similar Offences

The Supreme Court on Friday issued notice in the writ petition filed by the Assamese activist-turned-politician Akhil Gogoi challenging the constitutional validity of the offence of sedition contained in Section 124A of the Indian Penal Code, 1860 along with related offences “which employ similar logic of sedition inasmuch as they entail the same ingredients”. The bench comprising CJI...

Supreme Court Disposes Of Bihar Govt's Plea Against Stay On Caste-Based ‘Census’ In View Of Patna HC Reserving Judgment

The plea against a temporary stay ordered by the Patna High Court while it determined the competence of the state government to conduct the survey has now become infructuous.