Conversion Of Unaccounted Money Through The Cloak Of Share Capital/Premium Must Be Carefully Scrutinised: SC [Read Judgment]

"If the enquiries and investigations reveal that the identity of the creditors to be dubious or doubtful, or lack credit-worthiness, then the genuineness of the transaction would not be established."

Three Judge Bench To Hear Plea Challenging Restitution Of Conjugal Rights Under Hindu Marriage Act

The Supreme Court on Tuesday referred to a three-judge bench a plea challenging the power conferred by the Hindu Marriage Act on courts to direct the restitution of conjugal rights of an estranged couple. The petitioners also challenged the identical provision in section 22 of the Special Marriage Act and Rules 32 and 33 of Order XXI of the CPC on the execution of the decree for restitution...

SC Finally Corrects The Error: Acquits Six Persons Sentenced To Death By A 2009 Judgment [Read Judgment]

The Supreme Court on Monday acquitted three persons who were sentenced to death by it in 2009, and also three others whose death penalty was confirmed by it. The bench comprising Justice AK Sikri, Justice S. Abdul Nazeer and Justice MR Shah, also ordered the State of Maharashtra to pay Rupees 5 Lakh as damages to each of them. Ankush Maruti Shinde, Rajya Appa Shinde, Ambadas...

SC Dismisses Review Plea For Reinvestigation Into Mahatma Gandhi's Assassination

The Supreme Court has found "no grounds" to recall its judgment rejecting the plea seeking reinvestigation into the alleged "larger conspiracy leading to" the assassination of Mahatma Gandhi. The apex court refused to take into account the plea in the review petition that claimed that "fresh" documents and evidence would clear the air in the matter. "We have carefully gone through...

Rehabilitation Of Cured Mental Patients: SC Issues Further Directions [Read Order]

The Supreme Court has issued some directives for rehabilitation of those who are cured of mental illness but still languishing in asylums due to unwillingness of their families to take them back. In July 2017, the Supreme Court had issued an order emphasizing the need for setting up rehabilitation homes for persons (i) living with mental illnesses who have been cured; (ii) who do...

'Ready To Face Same Consequence' : Activists Seek Intervention In Contempt Case Against Prashant Bhushan; Oppose Curbs On Court Reporting

Ten civil society activists have filed an application seeking intervention in the contempt case against advocate Prashant Bhushan, stating that they were ready to face the same consequence as Bhushan since they would have responded like him in the circumstances of the case against M Nageswar Rao, former interim chief of CBI.The petition is filed by Aruna Roy, Wajahat Habibullah, Arundhati...

Injustice To Tribals Is A Dark Chapter In Indian History": Another Petition Filed In SC To Curb Eviction

A fresh petition has been filed in the Supreme Court seeking a direction to the authorities to not evict any forest dweller and for setting up of an SIT to look into allegations of acquisition of tribal land in the country.The petition has been filed by Tarika Tarangini Larka, an Aadivasi woman from Chhattisgarh. She relies on her fundamental rights under Article 21, as well as Articles 238,...

Supreme Court Weekly Round Up

EPF Contribution Payable On 'Basic Wages' Camouflaged As Allowances [The Regional Provident Fund Commissioner (II) WB V. Vivekananda Vidyamandir] The Supreme Court held that, in order that the amount goes beyond the 'basic wages' for the purposes of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952, it has to be shown by the employer that the workman concerned...

A HC Doubted The Very Legal Basis Of CBI, It Is A Serious Issue, But SC Didn't Find The Time To Decide It: Justice Chelameswar [Video]

"Is any political party willing to constitute a statutory body for the CBI, defining its functions, obligations and duties? No party would be! They have different stands for when they are not in power compared to when they are in power", advanced retired Supreme Court judge, Justice J. Chelameswar on Saturday. He was a participant in a session titled 'Caged Birds: Institutions under...

False Allegations In Bail Application: Prosecution For Perjury Cannot Be Initiated Without Unimpeachable Evidence To The Contrary

The Supreme Court has observed that, in order to attract the offence of perjury, a statement should be made deliberately and consciously which is found to be false as a result of comparing it with contrary unimpeachable evidence, documentary or otherwise. The bench comprising Justice Rohinton Fali Nariman and Justice Vineet Saran allowed an appeal, setting aside Bombay High Court...

A Week Before Pulwama Terror Attack, Pakistan SC Exhorted Action Against Terrorism [Read Judgment]

"If the proponents of violent ideology and action are not monitored and checked they often mutate against the State and terrorize the people."

False Affidavit By Election Candidate Would Not Amount To 'Corrupt Practice' If It Was Rectified Before Scrutiny: SC [Read Order]

"This, according to us, is obviously a mere mistake committed by the returned candidate while submitting the statutory form which has been duly corrected by filing an affidavit."