Factors To Be Considered For Cancellation Of Bail And Challenging Bail Order Are Different: SC [Read Judgment]

The Supreme Court has reiterated that the grounds for consideration of an application seeking cancellation of bail and an application challenging the order of grant of bail are different.In Bharatbhai Bhimabhai Bharwad vs. state of Gujarat, the bench comprising Justice, while setting aside a High Court order, observed: "It is well settled that the consideration applicable for cancellation...

NDPS: Mere Production Of A Laboratory Report That The Sample Tested Was Narcotics Cannot Be Conclusive Proof: SC [Read Judgment]

"The sample seized and that tested have to be co-related."

Second Petition U/s 482 CrPC For Quashing A Complaint Maintainable Under Changed Facts And Circumstances: SC [Read Judgment]

"In the entirety of the facts and circumstances of the case, we are unable to hold that the second application for quashing of the complaint was not maintainable merely because of the dismissal of the earlier application."

Fifteen Days Before Tragedy, Unnao Rape Survivor's Family Wrote To CJI Gogoi About Threat To Life

In a letter dated July 12,the Unnao rape survivor's family wrote to the Chief Justice of India Ranjan Gogoi, complaining of criminal intimidation, lack of security and pleading with the CJI to take protective measures. The letter, in Hindi, alleged that on July 7, at around 9 in the morning, accused Shashi Singh's (the woman who had supposedly lured the victim to BJP MLA Kuldip Singh Sengar)...

Why Can't We Set Meaningful Dates While Dealing With Adjournments?Asks Justice Lokur

DAKSH organised a panel discussion in New Delhi to talk about its Piloting Justice Project. The panel discussed the 'Zero Pendency Courts Project Report' which aimed at understanding the functioning of courts when they were not burdened with arrears, and recommended ideal timelines for disposal of different types of cases. The panel consisted of Retired Supreme Court judge...

Section 143A NI Act On Interim Compensation Has No Retrospective Application : SC

Settling a confusion in prosecution of cheque bounce cases, the Supreme Court on Tuesday held that Section 143A of the Negotiable Instruments Act on payment of interim compensation to the complainant during the pendency of the case has no retrospective application.This means that Section 143A will apply to only those complaints filed after the 2018 amendment to the NI Act which inserted...

Mere Existence Of Alternate Forums Not A Legal Bar To Exercise Writ Jurisdiction: SC [Read Judgment]

"The powers of the High Court in exercise of its writ jurisdiction cannot be circumscribed by strict legal principles so as to hobble the High Court in fulfilling its mandate to uphold the rule of law."

Supreme Court Weekly Round Up

Delay To File Suit For Specific Performance Not A Ground To Deny Relief If It Was Filed Within Limitation Period [R. Lakshmikantham vs. Devaraji] The Supreme Court observed that the delay in filing suit for specific performance cannot be a ground to deny relief to the plaintiff, as long as it is filed within the period of limitation. Failure To Recover Dead Body By Itself...

Bail Cannot Be Granted Without Assigning Reasons, Reiterates SC [Read Judgment]

The Supreme Court has reiterated that bail cannot be granted without assigning any reason as to on what grounds, even though of a prima facie nature, it is considered just and proper to grant bail. While setting aside an Allahabad High Court order that granted bail in a murder case, the bench comprising Justice Abhay Manohar Sapre and Justice Indu Malhotra said: Though it may not be...

Application For Putting Back Into Possession Cannot Be Allowed Merely Because Applicant Was In Possession Prior To Dispossession: SC [Read Judgment]

"In the proceeding under Order XXI Rules 99, 100 and 101, right, title or interest has to be determined and without establishing right, title or interest."

Vijay Mallya's Plea Challenging Confiscation of Properties To Be Heard By SC On Friday

The Supreme Court on Monday agreed to hear on August 2 a plea of fugitive economic offender Vijay Mallya challenging the confiscation of properties belonging to the companies owned by him and his family members. A bench headed by Chief Justice Ranjan Gogoi took note of the submission of F S Nariman, appearing for Mallya, that the fresh plea be heard along with the pending one on the...

Judges Attending Parties Hosted By Lawyers Is Troubling : Justice A P Shah [Read Speech]

Speaking about 'questionable behaviour' by judges, Justice A P Shah, former Chief Justice of Delhi High Court, cited the instances of judges inviting politicians to attend weddings in judges' families, and judges attending parties hosted by advocates."In India, I can think of many instances of questionable behaviour that could be brought under this umbrella of judicial conduct. I have...