Supreme court
S. 34 Arbitration Act |Mere Violation Of Law Won't Make Arbitral Award Invalid, Fundamental Policy Of Law Must Be Violated : Supreme Court
The Supreme Court recently explained the scope for judicial interference in arbitral awards under section 34 the Arbitration and Conciliation Act on the ground of violation of public policy, highlighting that it is very limited, particularly after the 2015 amendment.A bench of Chief Justice of India DY Chandrachud, Justice JB Pardiwala, Justice Manoj Misra observed that mere violation of law...
Courts Cannot Prepone Date Of Hearing Without Giving Notice To Other Party : Supreme Court
In a recent case, the Supreme Court deprecated the practice of preponing the date of hearing without giving an opportunity of hearing to the defendant.It was a case where the trial court proceeded ex-parte against the defendant on April 22, 2002, and fixed a date for ex-parte hearing on 30th May 2002. However, an application was made by the plaintiff to strike out the defence of the defendants...
HC Must Say Why State Police Investigation Is Unfair Before Ordering CBI Probe : Supreme Court Sets Aside Calcutta HC Order
The Supreme Court today set aside a Calcutta High Court order directing preliminary investigation by the CBI, holding that such directions can be passed only in very rare cases, and that too, after the High Court records reasons for deeming State investigation to be unfair or impartial."The High Court while exercising its powers under Article 226 of the Constitution can entrust investigation...
'This Court Won't Shy Away From Acknowledging Its Mistakes' : Supreme Court Allows ED's Application To Recall Order
The Supreme Court recently allowed an application filed by the Directorate of Enforcement(ED) to recall an earlier order which granted protection from coercive action to certain accused in a money laundering case till their petitions challenging the proceedings were finally disposed of by the High Court.The ED sought the recall of the order, which was passed on July 4, 2023, on the ground that...
Can't Convict One Accused & Acquit Another When Similar Evidence Was Pitted Against Them : Supreme Court
The Supreme Court held that the court cannot convict one accused and acquit another when similar or identical evidence is pitted against two accused persons. While holding so, the Court acquitted the accused/appellant after finding that other co-accused who were charged for similar offences had been acquitted of all the charges and no appeal had been filed challenging their...
Imparting Sex Education & Awareness About POCSO Act Obligation Of Governments : Supreme Court
The Supreme Court has interpreted the Protection of Children from Sexual Offences Act (POCSO Act) to hold that governments have the obligation to impart sex education and create awareness among the general public about the statute.The Court also underlined the importance of having a sensitive approach towards the victims of POCSO Act offences."By fostering a compassionate and...
UAPA Sanction Should Be Challenged By Accused Ordinarily At Earliest Opportunity : Supreme Court
The Supreme Court has held that a sanction for prosecution under the Unlawful Activities Prevention Act (UAPA) can be challenged on grounds such as the authority has not applied its mind or that the materials were not sufficient. However, such challenge by the accused must ideally be raised at the earliest opportunity.The Court also noted that the UAPA does not have any provision like the CrPC...
Convict's Age During Crime, Family's Social & Criminal Background Relevant While Commuting Death Sentence : Supreme Court
Recently, the Supreme Court observed that the age of the convict at the time of the commission of an offence would be of relevance along with other mitigating circumstances while commuting the sentence of the death penalty. Upon noting that the convict was of the age of 22 years at the time of the commission of the offence and came from a socio-economic backward stratum of the society, where...
UAPA | Timelines For Sanction Mandatory, Have To Be Strictly Followed : Supreme Court
"In matters of strict construction, when a timeline is provided, along with the use of the word 'shall' and particularly when the same is in the context of a law such as the UAPA, it cannot be considered a mere technicality or formality," the Supreme Court observed today. A bench of Justices C.T. Ravikumar and Sanjay Karol made these observations in the context of the grant of sanctions...
Desire To Sexually Exploit Children Inherent In The Act Of Watching Child Sexual Exploitative Materials : Supreme Court
The Supreme Court in its recent decision penalizing storage of 'Child Pornography' explained that the act of consumption or storage of 'Child Sexual Exploitative and Abuse Material' had common underlining intent of the offence of child sexual abuse. The bench of CJI DY Chandrachud and Justice JB Pardiwala observed that though practically different, both the acts of CSEAM and child sexual...
Create Awareness About POCSO Act Among Children, Implement Sex Education Programs : Supreme Court's Suggestions To Union
In a significant judgment pronounced by the Supreme Court today, it held that mere storage of “child sexual exploitative and abuse material" (child pornography) without deleting or reporting the same would indicate the intention to transmit, and merely watching it without download would amount to "possession" under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).In...
Sex Education Not A Western Concept, Misconception That It Encourages Promiscuity Among Youth : Supreme Court
"Another common belief is that sex education is a Western concept that does not align with traditional Indian values. This view has led to resistance from various state governments, resulting in bans on sex education in schools in some states." observed the Supreme Court today in a landmark ruling against child pornographic content. A bench of CJI DY Chandrachud and Justice JB Pardiwala...