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Supreme Court Daily Round-Up : May 19, 2025
CJI BR Gavai Expresses Displeasure Over Absence Of Maharashtra Chief Secretary, DGP During State Visit"Justice Abhay Oka Was My Senior At Bombay HC, Grateful For His Support During My Elevation": CJI BR GavaiAll Retired High Court Judges Entitled To Equal & Full Pension Based On 'One Rank One Pension' Principle : Supreme CourtAshoka University Professor Ali Khan Mahmudabad Approaches Supreme Court Against Arrest Over Post On 'Operation Sindoor'India Not A 'Dharamshala', Can't Host Refugees...
Inclusion In Draft NRC Cannot Annul Foreigners Tribunal's Declaration As Non-Citizen : Supreme Court
The Supreme Court today (May 19) ruled that mere inclusion of the name in the draft National Register of Citizenship (“NRC”) cannot invalidate a previous declaration given by a Foreigners Tribunal that the person was a 'foreigner' under the Foreigners Act, 1946 (“Act”). Holding thus, the bench comprising Justice Sanjay Karol and Justice Manoj Misra affirmed the Gauhati High Court's decision, which had refused to interfere with the Tribunal's decision to declare the Appellant as a foreigner...
'One Rank One Pension Must In Constitutional Office' : Supreme Court Explains Principles On Retired HC Judges' Pension
The Supreme Court on Monday (May 19) delivered a landmark judgment declaring that all retired High Court judges are entitled to equal and full pension, regardless of their date of appointment and the source of entry.The Court also held that a permanent judge and an additional judge of the High Court stand on the same footing as regards post-retiral benefits.Referring to various precedents, the Court observed that "one rank one pension must be the norm in respect of a constitutional office."After...
S.161 CrPC Statement Of Accused Implicating Co-Accused Cannot Be Considered At Stage Of Regular Or Anticipatory Bail : Supreme Court
The Supreme Court observed that the statements of accused recorded under Section 161 of the Cr.P.C. (police interrogation) cannot be used against co-accused at the stage of anticipatory or regular bail.“The fundamental cannon of criminal jurisprudence is that a statement of one accused person cannot be used against another co-accused person. The limited exception to this aforesaid general principle are inculpatory confessions, where the accused person in his confessional statement not only...
All Trademark Disputes Aren't Outside Arbitration; In Personam Issues Relating To License Agreement Arbitrable : Supreme Court
The Supreme Court recently held that a mere allegation of fraud or misconduct does not divest an arbitral tribunal of its jurisdiction to adjudicate in personam disputes stemming from contractual relationships governed by an arbitration agreement.“The law is well settled that allegations of fraud or criminal wrongdoing or of statutory violation would not detract from the jurisdiction of...
'Flawed Investigation' : Supreme Court Acquits Death Row Convict In Case Over Rape-Murder Of 3 Year Old Girl
The Supreme Court recently acquitted a man, who was sentenced to death by the trial court, in a case relating to the rape and murder of a three year old girl. The Court cited grave loopholes in the prosecution's case and the flawed investigation.The Court noted that his statement after alleged commission of crime about he being “tensed up” was wrongly treated as an extra-judicial confession.The Court held that such confessions are inherently weak and must be corroborated, yet the witness, to...
2025 LiveLaw (SC) 595 | IN RE REFIXATION OF PENSION CONSIDERING SERVICE PERIOD IN DISTRICT JUDICIARY AND HIGH COURT
All Retired High Court Judges Entitled To Equal & Full Pension Based On 'One Rank One Pension' Principle : Supreme Court'One Rank One Pension Must In Constitutional Office' : Supreme Court Explains Principles On Retired HC Judges' Pension