SC Grants Interim Protection From Arrest To Rape Accused Who Later Married The Victim [Read Order]

The Supreme Court has granted interim protection from arrest to a ‘rape’ accused who later married the victim.Jaigopal Saiyam was accused of kidnapping a girl and committing rape on her repeatedly. He had approached the Madhya Pradesh High Court seeking anticipatory bail on the ground that he married with the prosecutrix and they were living together.Rejecting his bail plea, the high...

Any Challenge To Arbitrator Appointed Should Be Raised Before The Arbitrator Himself In First Instance: SC [Read Judgment]

“In the present case, arbitration proceedings commenced way back in 2013, much prior to coming into force of the amended Act and therefore, provisions of the Amended Act cannot be invoked.”The Supreme Court has reiterated that any challenge to the arbitrator appointed should be raised before the arbitrator himself under Section 13 of the Arbitration and Conciliation Act 1996, in the...

Brevity Must Be Observed In Judgments/Orders While Expressing An Opinion, Says SC [Read Judgment]

“Before parting, we cannot resist observing that having rightly formed an opinion to remand the case to the First Appellate Court, there was no need for the High Court to devote 60 pages in writing the impugned order.”Brevity being a virtue, it must be observed as far as possible while expressing an opinion, remarked a Supreme Court bench while disposing of an appeal against a...

Order Of Acquittal Cannot Be Interfered With On Ground That Different View Is Possible: SC Reiterates [Read Judgment]

The Supreme Court on Tuesday asserted that an order of acquittal cannot be interfered with on the ground that a different view was possible on the basis of evidence available on record.A bench comprising Justice L. Nageswara Rao and Justice R. Subhash Reddy asserted, “Interference with an order of acquittal is not permissible on the ground that a different view is possible. If the acquittal...

SC Allows I-T Dept To Reopen Tax Case Linked To National Herald Against Rahul, Sonia [Read Order]

The Supreme Court Tuesday allowed the Income Tax Department to reopen the tax assessment of top Congress leaders Rahul and Sonia Gandhi for 2011-12 in connection with the National Herald case.The apex court, however, restrained the I-T department from implementing its order in the proceedings against Rahul, who is the Congress president, and his mother Sonia till the pendency of the matter...

SC Reduces Jail Term Awarded To Medical Shop Owner As He Wasn’t Aware That He Has To Obtain Drug Licence [Read Judgment]

“Considering the facts and circumstances of the case, in our considered view, in the interest of justice proviso to Section 27(b)(ii) of the Act can be invoked and the sentence of imprisonment of one year imposed upon the respondent is reduced to three months.”The Supreme Court has reduced the sentence of one-year imprisonment to three months to a medical shop owner who stored certain...

Dispose Of Cases Against Legislators On Priority Basis : SC Directs Kerala And Patna HCs [Read Order]

The Supreme Court on Tuesday required the High Courts of Bihar and Kerala to dispose of on a priority basis pending criminal matters in which existing or former legislators are implicated and to this end, designate as many Sessions and Magistrate’s courts in each district as Special Courts as it may be deemed necessary.The bench Chief Justice Ranjan Gogoi and Justices S. K. Kaul and K....

Where Are The Facts Of The Case? SC Sets Aside Allahabad HC Orders In Sec. 482 Petitions [Read Judgments]

‘In our view, the Single Judge ought to have first set out the brief facts of the case with a view to understand the factual matrix of the case.’ “Now, what I want is Facts”, this is how Charles Dickens starts his novel ‘Hard Times’.On Monday, the Supreme Court bench headed by Justice Abhay Manohar Sapre set aside four orders passed by the Allahabad High Court in different...

Retrenchment Procedure Under Section 25F ID Act Not Applicable To Employee Who Abandons Work: SC[Read Judgment]

The Supreme Court has held that an employee who voluntarily abandons work cannot be treated as on in "continuous service" of the employer as per Section 2(oo) of the Industrial Disputes Act. Therefore, procedure for retrenchment as per under Section 25F of the ID Act will not apply to such an employee."Once it is established that the Appellant had voluntarily abandoned her service,...

4122 Cases Pending Against Legislators: Amicus Curiae Submits Report To SC [Read Report]

Pointing out that there are 4122 cases pending against current (2324) and former (1675) MPs and MLAs,  amicus curiae Vijay Hansaria has suggested that a particular court at Sessions and Magisterial level in each district, to try criminal cases involving legislators, be nominated.“…it is submitted that the High Courts may be directed to assign criminal cases pending against...

Article 226 Can't Be Used For Deciding Disputes For Which Civil And Criminal Remedies Are Available: SC [Read Judgment]

‘The remedy under Article 226 of the Constitution shall not be available except where violation of some statutory duty on the part of statutory authority is alleged. ‘The Supreme Court has observed that a regular suit, and not a writ petition, is the appropriate remedy for settlement of the disputes relating to property rights between private persons.The Kerala High Court, in this case,...

Gujarat Fake Encounters Between 2002 And 2006: SC Asks State Govt. To Respond To Bedi Committee Report

The Supreme Court bench of Chief Justice Ranjan Gogoi and Justices S. K. Kaul and K. M. Joseph on Monday allowed a week’s time to the Gujarat Government to file its reply to the final report of the court-appointed committee monitoring the investigation into alleged fake encounters in the state between 2002 and 2006 when Prime Minister Narendra Modi was the Chief Minister.Solicitor...