'Mere Membership Of Banned Organization Will Not Lead To Inference Of Committing Terrorist Act'; SC Upholds Bail To Alleged Maoist Sympathiser [Read Order]

The Supreme Court has dismissed the challenge brought by Maharashtra Government against the Bombay High Court's order granting bail to alleged Maoist sympathiser Konnath Muralidharan, who has been in custody in Pune's Yerwada jail since May 2015."No case is made out to interfere with the impugned order passed by the High Court", said the bench of Justices Arun Mishra and M R Shah in a three...

Scope Of Article 226 Of The Constitution Of India: Important Judgments [Part-1]

SARVEPALLI RAMAIAH (D) THR. LRS. & ORS. V/s DISTRICTCOLLECTOR CHITTOOR DIST. & ORS., CIVIL APPEAL NO. 7461 OF 2009, SUPREME COURT OF INDIA,DATE OF DECISION: 14.03.2019, CORAM: R. BANUMATHI & INDIRA BANERJEE, JJ. "Judicial review under Article 226 of the Constitution of India, 1950 is directed, not against the decision, but the decision-making process." It was...

Kiran Bedi Moves SC For Status Quo Prior To Madras HC Judgment Curbing LG's Powers In Puducherry

Puducherry Lieutenant Governor Kiran Bedi has filed an application seeking an order for maintaining status quo prior to the April 30 judgment of the Madras High Court, which had ruled that LG could not interfere in the day to day administration by the elected government of Puducherry.Though special leave petition was filed against the Madras HC judgment, the SC on May 10 merely issued notice...

Termination Of Workmen On The Ground That Their Appointment Is Illegal Will Amount To Retrenchment: SC [Read Order]

Even though the Supreme Court observed that termination of workmen on the ground that their appointments were illegal will amount to 'retrenchment', it did not set aside the Patna HC Full bench judgment which held otherwise.

Hapur Lynching: SC Asks Petitioner To Approach The Trial Court For Direction To Police To Submit Supplementary Charge sheet With New 164 Statements [Read Order]

The Supreme Court on Tuesday declined to direct the UP Police to file the supplementary charge sheet in order to place on record the recently recorder 164 statements in the Hapur lynching case.The vacation bench headed by Chief Justice Ranjan Gogoi however gave liberty to the Petitioners to bring the new 164 statements to the attention of the concerned Trial Court.The statements of the...

A Murder Is A Murder Even If It Arises Out Of Matrimonial Dispute: SC Denies Bail To Murder Convict [Read Order]

"Maybe offence is related to matrimonial dispute as contended by the petitioner but that is inconsequential."

Kerala HC Stays Proceedings Against Arnab Goswami In Criminal Defamation Case For Alleged Anti-Kerala Remarks

In a relief for Arnab Goswami, Chief Editor of Republic TV, the High Court of Kerala today stayed the proceedings against him in a criminal defamation case filed in the Judicial Magistrate's Court Kannur for allegedly humiliating Keralites during a channel discussion. The complaint was filed by P Sasi, CPI(M) leader and president of People's Law Foundation, alleging that Goswami had...

Section 141 NI Act: Company Includes Partnership Firm Or Other Association Of Individuals [Read Judgment]

"Section 141 undoubtedly uses the expression "company" so as to include a firm or association of persons."

GST Evaders Can Be Arrested: SC Upholds Telangana HC Judgment

The Supreme Court has dismissed a plea challenging Telangana High Court judgment that held that a person can be arrested by the competent authority in cases of Goods and Service Tax (GST) evasion. The vacation bench of Chief Justice of India Ranjan Gogoi and Justice Aniruddha Bose, dismissing the Special Leave Petition, said that it is not inclined to interfere. The Division bench...

Every Person With Mental Illness Shall Have A Right To Live With Dignity: SC [Read Judgment]

The Supreme Court, in a judgment delivered last month, noted that under the Mental Health Care Act, 2017, there is a statutory right for mentally ill persons to live with dignity The bench comprising Justice NV Ramana, Justice Mohan M. Shantanagoudar and Justice Indira Banerjee observed that Section 20 (1) of the Mental Health Care Act explicitly provides that 'every person with...

Supreme Court Weekly Round Up

Appeals Against Non Inclusion In NRC Maintainable Only When Foreigners Tribunal Has Not Already Decided Nationality [Abdul Kuddus V. Union of India] The Supreme Court observed that right to appeal before the Foreigners' Tribunal against non-inclusion in National Register of Citizens is available only in those cases, where the Tribunal has not already adjudicated upon and decided...

Rafale: Petitioners Trying To Get A Fishing Enquiry Directed Without Even A Prima facie Case, Submits Centre To SC [Read Written Submissions]

In its final written submissions to the Supreme Court, the Centre has reiterated that no grounds are made out for a review of the December, 2018 decision of the court giving it a clean-chit in the Rafale controversy in view of "the application filed by the petitioners themselves, wherein the production of number of documents has been prayed for, (which) clearly establishes that the...