Supreme court
'Allegations Not Prima Facie Correct, Long Pre-Trial Custody' : Supreme Court Grants Bail To UAPA Accused In Case Over PFI-Links
On Tuesday (Dec. 17), the Supreme Court granted bail to an accused booked for alleged involvement with the Popular Front of India (“PFI”) in causing disturbance during the Prime Minister's proposed visit to Patna in 2022. The Court reiterated that prolonged incarceration of the accused in draconian statutes like the Unlawful Assemblies (Prevention) Act, 1967 (“UAPA”) would make...
Inappropriate For High Court To Seek Explanation From Judicial Officer By Judicial Order : Supreme Court
A higher court cannot seek an explanation from a judicial officer by a judicial order, stated the Supreme Court, while expugning the adverse remarks made by the Rajasthan High Court against a District & Sessions Judge.The explanation can be sought only on the administrative side, the Supreme Court stated. A bench comprising Justice Abhay S Oka and Justice Augustine George Masih was hearing...
'Possibility Of Reformation Can't Be Ruled Out': Supreme Court Commutes Death Penalty Of Man Convicted For Murder & Sexual Assault Of 4 Year Old
The Supreme Court on Tuesday, considering the possibility of reformation as per behavioural and mental assessment reports, converted the death penalty of a convict guilty of sexual assault and murder of a 4-year-old child, to an imprisonment sentence. The bench of Justices BR Gavai, Aravind Kumar and KV Viswanathan was hearing a challenge to the Gujarat High Court's order confirming...
Companies Act | Approval Of Shareholders Mandatory For Listing Shares On Stock Exchange : Supreme Court
The Supreme Court recently ruled that, without in-principle approval from the company's shareholders, debt-to-equity converted shares issued in favor of any person cannot be listed on the stock market.In other words, the Court stated that obtaining in-principle approval from the company's shareholders, as required under Section 62(1)(c) of the Companies Act, 2013, is mandatory before...
Mandatory To Hear Informant/Victim Before Granting Bail In Rape Offences, SC/ST Act Cases : Supreme Court
Affirming the importance of victim participation in criminal proceedings, the Supreme Court recently canceled the bail granted to a person accused of serious offences where the bail proceedings were conducted in the absence of the victim. The bench comprising Justices Bela M. Trivedi and Satish Chandra Sharma heard the criminal appeal filed by a victim against the Allahabad High Court's...
'Nobody Can Be Condemned Unheard' : Supreme Court Deletes Adverse Remarks Made By HC Against Advocate Without Opportunity Of Hearing
Recently, the Supreme Court expunged the adverse remarks against an advocate recorded by the Uttarakhand High Court without providing opportunity of hearing.Also, the Court set aside the High Court's direction to the State Bar Council to initiate misconduct proceedings against the advocate without affording him an opportunity of hearing to respond to the allegations labeled against him.“We...
'Dearth Of Super-Speciality Doctors In Dental Science Field': Supreme Court Regularises MDS Admissions
The Supreme Court in a recent order, while directing the issuance of pending degrees to graduates of MDS(Master of Dental Surgery), observed the 'dearth of Super-Speciality Doctors' in the field of dentistry. The bench of Justice BR Gavai and Justice KV Viswanathan was hearing an appeal filed by MDS graduates, the batch of 2016-19 in the dental colleges of Madhya Pradesh who challenged the...
'Race, Religion, Caste & Language Human Constructs' : Supreme Court Says Caste No Bar For Appointment Of Non-Hereditary Temple Trustee
The Supreme Court recently reiterated the principle that the selection to positions of non-hereditary trustee of temples cannot be caste-based. The bench of Justice MM Sundresh and Justice Aravind Kumar was hearing a challenge against the Kerala High Court order which set aside previous appointments of non-hereditary trustees in Devaswoms/Temples, which are controlled institutions under...
Supreme Court Expresses Concerns About Expanding Drug Trade, Urges Youth To Resist Peer Pressure & Stop Emulating Addicts
The Supreme Court today (December 16) held that the National Investigation Agency while investigating a scheduled offence can also investigate a non-scheduled offence or a person involved in a non-scheduled offence provided there is a nexus with the scheduled offence. In the judgment, the Court made certain observations on the ripple effect of illicit drug trade and drug abuse. It held that...
Mere Delay In FIR Registration No Ground To Reject Motor Accident Claim; But Delay Can Become Relevant Depending On Evidence : Supreme Court
The Supreme Court observed that although the delay in lodging an FIR would not be a ground to reject a Motor Accident Compensation claim, it gains relevance in cases where other evidence does not support the claimant's allegations.The bench comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah was hearing the appeal filed by the New India Assurance Co. Ltd. against the Madras High...
Supreme Court Weekly Round-up: December 9, 2024 To December 15, 2024
IndexCitationsKunhimuhammed @ Kunheethu v. State of Kerala 2024 LiveLaw (SC) 964National Highways Authority of India v. G Athipathi and Others, Civil Appeal No. 14100 of 2024 2024 LiveLaw (SC) 965Tej Bhan (D) Through Lr. & Ors. v. Ram Kishan (D) Through Lrs. & Ors. 2024 LiveLaw (SC) 966Leela Agrawal v. Sarkar & Anr. 2024 LiveLaw (SC) 967Dara Lakshmi Narayana & Others v. State...
Arbitration Can't Be 'Optional' When Agreement Provides Arbitration Clause : Supreme Court
The Supreme Court held that there cannot be an 'optional' arbitration, where parties are required to mutually agree to invoke the arbitration clause.Setting aside the MP High Court's decision, the Court said that there is nothing like 'optional arbitration' that could be invoked after both parties mutually agree to invoke the arbitration clause. According to the Court, arbitration is...