'You Are Dragging Your Feet; This Concerns Citizenry's Rights' : Supreme Court Pulls Up Centre Over Non-Installation Of CCTVs In Central Probe Agencies

The Supreme Court on Tuesday pulled up the Union Government for seeking more time regarding the installation of CCTV cameras in the offices of Central probe agencies such as CBI, NIA, NCB etc.On December 2, 2020, a bench headed by Justice RF Nariman had issued directions to install CCTV cameras in all police stations across the country to check instances of custodial torture. The...

PIL In Supreme Court Seeks Establishment Of Transgender Welfare Board, Standing Committee To Investigate Gross Abuse Against Trans Persons By Police

A PIL has been filed before the Supreme Court seeking establishment of the Transgender Welfare Board to address social welfare issues of a trans person and to appoint a Standing Committee in order to investigate reports of abuse against trans person by the police. Drafted by Advocate CR Jaya Sukin and filed by Advocate Narender Kumar Verma, the plea highlights the suffering and...

Breaking- Bombay High Court Grants Bail To Ex-BARC CEO Partho Dasgupta In TRP Scam Case

The Bombay High Court on Tuesday granted bail to Partho Dasgupta, former CEO of Broadcast Audience Research Council(BARC), Partho Dasgupta, in the case registered by the Mumbai police over the alleged manipulation of Target Rating Points(TRPs) of news channels to give undue favours to Republic TV.'The applicant is permitted to execute provisional cash bail of 2Lakhs for a period of...

Writ Jurisdiction Under Article 226 Can Be Invoked To Quash FIR If It Is Found To Be Abuse Of Process Of Law: Supreme Court

The Supreme Court observed that a High Court, invoking its powers under Article 226 of the Constitution of India, can quash an FIR if the same is found to be an abuse of process of law.In this case, a writ petition preferred by the accused for quashing the first information report registered under under Sections 420/406 of the Indian Penal Code against them was dismissed by the Allahabad...

Insolvency Proceedings Maintainable Even If Winding Up Petition Is Pending Against Corporate Debtor: Supreme Court

The Supreme Court held that a petition either under Section 7 or Section 9 of the Insolvency and Bankruptcy Code is an independent proceeding which is unaffected by winding up proceedings that may be filed against the same company.The bench comprising Justices RF Nariman and BR Gavai observed that a secured creditor stands outside the winding up and can realise its security de hors winding...

'No Likelihood Of Trial Being Completed'; SC Grants Bail To Undertrial Languishing In Jail For 9 Years

The Supreme Court on Monday granted bail to an accused in a murder case who had been languishing in jail for 9 years while observing that there was no likelihood of the trial being completed. A Bench of Justices RF Nariman and BR Gavai were hearing an SLP challenging an order passed on December 3, 2019, passed by the Allahabad High Court wherein the third bail application of...

Section 138 NI Act A 'Civil Sheep' In A 'Criminal Wolf's Clothing'; Quasi-Criminal In Nature : Supreme Court

The Supreme Court has observed that criminal proceedings for the dishonour of cheque under Section 138 of the Negotiable Instruments Act, 1881, are "quasi-criminal" in nature.The Court also made an interesting comment that Section 138 proceedings can be called a "civil sheep" in a "criminal wolf's clothing".A bench comprising Justices RF Nariman, Navin Sinha and KM Joseph made these...

"Not Maintainable": Delhi High Court Quashes Defamation Case Against Mitali Saran And Business Standard Over Article On RSS

The Delhi High Court on Monday quashed the defamation complaint filed against newspaper Business Standard, its editorial Director A.K. Bhattacharya and journalist Mitali Saran for alleged defamatory remarks made against Rashtriya Swayamsevak Sangh (RSS) in an article. The Court has held that the complaint in question is not maintainable and is liable to be dismissed, as the...

Residential Accommodation For Nuns & Hostels For Students Can Claim Property Tax Exemption U/s 3(1)(b) of the Kerala Building Tax Act: Supreme Court

The Supreme Court held that residential accommodation for nuns and hostel accommodations for students which are attached to various educational institutions can claim property tax exemption under Section 3(1)(b) of the Kerala Building Tax Act, 1975."If nuns are living in a neighbouring building to a convent only so that they may receive religious instruction there, or if students are living in...

'Will You Marry Her?' Supreme Court Asks Man Accused Of Raping Minor; Grants Him Protection From Arrest

The Supreme Court on Monday asked a 23-year old man, who stands accused of raping a minor girl when she was aged around 16 years, whether he will marry her.A bench headed by the Chief Justice of India was hearing a special leave petition filed by the man, who is now a government servant in Maharashtra, against an order of the Bombay High Court(Aurangabad Bench) which cancelled his...

Can Sex Between People Living As Husband And Wife Be Called Rape? SC Asks While Giving Relief To Rape Accused

"When two people are living as husband and wife, however brutal the husband is, can the act of sexual intercourse between them be called rape?", asked Chief Justice of India SA Bobde in a matter pertaining to the quashing of an FIR alleging rape due to false promise of marriage. The petitioner approached the Supreme Court saying that he and the woman had been living together and...

Contract Is Void If Prohibited By Statute Under A Penalty Even If It Does Not Expressly Declare It Void: Supreme Court

The Supreme Court observed that a contract is void if prohibited by a statute under a penalty, even without express declaration that the contract is void.The bench comprising Justices AM Khanwilkar, Indu Malhotra and Ajay Rastogi observed that the condition predicated in Section 31 of the Foreign Exchange Regulation Act, 1973, of obtaining "previous" general or special permission of...