Supreme court
Supreme Court Awards Rs.5 Lakhs Honorarium To 83-Yr Old Ex-Constable Who Saved Lives By Killing Dacoit In 1986
The Supreme Court today awarded Rs.5 lakhs as honorarium to an 83-year-old retired Constable, who approached it seeking direction to UP authorities to act on his Gallantry Award recommendation. Reportedly, the retired cop saved members of public by killing a dacoit 38 years ago.A bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan was dealing with petitioner-Ram Autar's challenge to...
Politically Charged Atmosphere In Bengal May Not Be Conducive For Fair Investigation: Supreme Court Allows BJP Leader's Plea For CBI Probe
The Supreme Court cited the politically charged environment in West Bengal as a significant factor while directing the transfer of investigations in criminal cases against West Bengal BJP leader Kabir Shankar Bose to the CBI to ensure a fair and impartial investigation.A bench of Justice BV Nagarathna and Justice Pankaj Mithal allowed Bose's plea alleging that false criminal charges were...
When Is An Order Passed By HC Single Bench In Contempt Jurisdiction Appealable Before DB? Supreme Court Explains
The Supreme Court recently held that an order passed by a single bench of the High Court declining to initiate proceedings for contempt, or initiating proceedings for contempt, or an order dropping the proceedings for contempt or an order acquitting or exonerating the contemnor, is appealable to the division bench under Section 19 of the Contempt of Courts Act, 1971. Such an order can...
Bail Should Not Be Granted Ordinarily In Serious Offences Like Rape & Murder Once Trial Starts: Supreme Court
The Supreme Court has observed that in serious offences like murder, rape, dacoity etc., bail applications of the accused should not be ordinarily entertained by the Trial Courts and the High Courts."Ordinarily in serious offences like rape, murder, dacoity, etc., once the trial commences and the prosecution starts examining its witnesses, the Court be it the Trial Court or the High Court...
S. 148 NI Act | Signatory Of Cheque Issued By Company Can't Be Directed To Pay Compensation For Suspension Of Sentence : Supreme Court
The Supreme Court recently reiterated that the official signatory of the company does not assume the status of a 'drawer of a cheque' to attract the liability for payment of compensation under Section 148 of the Negotiable Instruments Act, 1881 (“N.I. Act”). The Court clarified that liability for payment of compensation as well as deposit to suspend the sentence pending the appeal could...
Plaintiff Seeking Specific Performance Of Agreement To Sell Must Also Show Availability Of Funds : Supreme Court
The Supreme Court recently upheld the High Court's decision denying Specific Relief to the plaintiff because he was not able to prove his readiness and willingness to perform the contract. The bench comprising Justice JB Pardiwala and Justice R Mahadevan observed that for the contract to be concluded, the plaintiff shall not only aver about his readiness and willingness to perform the...
NGT Cannot Outsource Its Opinion To Committees & Base Its Decision On Such Opinions : Supreme Court
The Supreme Court recently criticised the National Green Tribunal for 'outsourcing' its opinion to a committee and basing its opinion only on the findings of the committee."The NGT is a tribunal constituted under the National Green Tribunal Act of 2010. A tribunal is required to arrive at its decision by fully considering the facts and circumstances of the case before it. It cannot outsource...
Arms Act | Prohibition On Buttondar Knife Applies Only If Knife Was For 'Manufacture, Sale Or Possession For Sale Or Test' : Supreme Court
The Supreme Court yesterday quashed the Arms Act case against the person accused of possessing a buttondar knife. The bench comprising Justices PS Narasimha and Sandeep Mehta heard the case, in which the appellant was accused of possessing a buttondar knife (having dimensions 31.5 cms in length (blade length of 14.5 cms and handle of 17 cms) and width of 3 cms), violating the Arms Act, 1959,...
Supreme Court Allows West Bengal BJP Leader Kabir Shankar Bose's Plea For CBI Probe Of Assault Cases Against Him
The Supreme Court on Wednesday (December 4) ordered a CBI investigation into two assault and sexual harassment cases arising from an incident on December 6, 2020, against West Bengal Bharatiya Janata Party (BJP) leader Kabir Shankar Bose.A bench of Justice BV Nagarathna and Justice Pankaj Mithal delivered its judgment today in the writ petition filed by Bose alleging that false criminal...
'Need To Preserve Temples With Utmost Care' : Supreme Court Appoints Retired HC Judge For Election Of Kerala's Oachira Temple Management
In a plea related to the management and administration of Oachira Parabrahma Temple in Kerala, the Supreme Court appointed a former Kerala High Court Judge as an Administrator to conduct a fresh election for the administration and management of the subject temple and its allied institutions, in a free and fair manner. The bench comprising CJI Sanjiv Khanna, and Justices Sanjay Kumar and...
Charge Sheet Can't Be Filed When There Is Interim Order Restraining Coercive Action Against Accused : Supreme Court
The Supreme Court recently observed that a charge sheet cannot be filed after a court passes an interim order restraining the state from taking coercive action against the accused in a criminal case,A bench of Justice Abhay Oka and Justice Augustine George Masih discharged contempt notices issued to three officers of the Jharkhand Police after they apologised for filing charge sheet despite...
'Soldier's Widow Should Not Have Been Dragged To Court': Supreme Court Imposes Rs. 50K Cost On Centre For Challenging Pension Order
The Supreme Court today (December 3) dismissed Union of India's appeal against order of Armed Forces Tribunal granting a Liberalised Family Pension (LFP) and other benefits to the widow of a soldier who died while on an Area Domination Patrol along the Line of Control.A bench of Justice Abhay Oka and Justice Augustine George Masih imposed cost of Rs. 50,000 on the appellant, observing that...