Supreme court
Charges Framed Cannot Be Deleted Invoking S.216 CrPC/S.239 BNSS : Supreme Court
The Supreme Court today (April 17) held that the power under Section 216 of the Criminal Procedure Code (Cr.P.C.) cannot be invoked to delete charges already framed against an accused, as it can only be used to add or alter the existing charges.The analogous provision to Section 216 CrPC in the BNSS is Section 239.“We are in agreement with the view that once charges have been framed by the Trial Court in exercise of the powers under Section 228 CrPC, the accused cannot thereafter be discharged,...
Supreme Court Judges Differ On Action Against AoR & Advocate For Misconduct In Filing Petition
The Supreme Court today (April 17) delivered a split verdict on the disciplinary action to be taken against an Advocate-on-Record (AoR) and his assisting Advocate for filing a petition that involved serious suppression of facts.Although the lawyers tendered an unconditional apology, the judges were divided on whether they should be let off without further consequences.A bench of Justices Bela M Trivedi and Satish Chandra Sharma agreed that the Advocates failed to discharge their duties and...
Supreme Court Asks HC Committees To Examine Grievances Regarding VC Access To Lawyers & Litigants
The Supreme Court today(April 17) disposed of a batch of petitions, originally filed during the COVID-19 pandemic seeking access to courtroom proceedings through virtual court links. The Court disposed of the petitions, giving liberty to the petitioners to approach the concerned High Courts and the various E-Committees constituted to deal with the issue.Today, the petitioner particularly pressed the issue that advocates and litigants, whose matter are not listed on a particular day, are unable...
State Rules Can't Be Inconsistent With Central Rules Under CST Act : Supreme Court Rejects Rajasthan's Appeal
The Supreme Court upheld the Rajasthan High Court's decision striking down Rule 17(20) of the Central Sales Tax (Rajasthan) Rules, 1957 (Rajasthan CST Rules) as ultra vires the Central Sales Tax Act, 1956, noting that the State Government cannot exceed its delegated powers by authorizing cancellation of Form C, which the Central Rules do not permit. The bench comprising Justices Abhay S Oka...
Form Swift Response Protocols For Road Accident Victims; Enforce Drivers' 8-Hour Daily Work : Supreme Court To States/UTs
The Supreme Court on Thursday issued significant directions to all states and union territories, mandating them to take effective steps towards developing swift response protocols to ensure that victims of road accidents receive immediate assistance. A Bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan emphasized the growing concern of delayed medical help and rescue efforts for accident victims, calling it a matter of serious public interest.“A very important issue has been flagged...
Indian Military Nursing Service Personnel Eligible For Civil Posts Under Ex-Servicemen Quota In Punjab : Supreme Court
The Supreme Court on Wednesday (April 16) held that the personnel from the Indian Military Nursing Service (IMNS) qualify as "ex-servicemen" under the Punjab Recruitment of Ex-Servicemen Rules, 1982 (“1982 Rules”) for reservation in Punjab Civil Services. The Court noted that the 1982 Rules aim to resettle veterans, given the fact that 7.7% of Army personnel are from Punjab and excluding IMNS would undermine this objective. Therefore “effective resettlement of ex-servicemen is necessary to keep...
Supreme Court Weekly Round-up: April 07, 2025 to April 13, 2025
Nominal IndexCitationsKarandeep Sharma @ Razia @ Raju v. State of Uttarakhand 2025 LiveLaw (SC) 398G.C. Manjunath & Ors. v. Seetaram 2025 LiveLaw (SC) 399Amritpal Jagmohan Sethi v. Haribhau Pundlik Ingole 2025 LiveLaw (SC) 400Securities and Exchange Board of India v. Ram Kishori Gupta & Anr. 2025 LiveLaw (SC) 401K. Gopi v. Sub-Registrar & Ors. 2025 LiveLaw (SC) 402Sohom Shipping Pvt. Ltd. v. M/S. The New India Assurance Co. Ltd. & Anr. 2025 LiveLaw (SC) 403Biswajyoti Chatterjee...
Writ Petition Under Article 32 Cannot Be Used To Challenge Our Own Judgments : Supreme Court
The Supreme Court today (April 16) ruled that Article 32 of the Constitution, being a remedial provision for the enforcement of fundamental rights, cannot be invoked as a means to challenge the Court's own judgment. The Court noted that allowing writ petitions under Article 32 to challenge final judgments would undermine judicial hierarchy and lead to endless litigation, undermining the principle of res judicata. A litigant who is aggrieved by a decision rendered by this Court in a special...