Supreme court
High Time Police Officers Are Given Training On Distinction Between 'Cheating' & 'Criminal Breach Of Trust' : Supreme Court
The Supreme Court on Friday (Aug. 23) suggested that police officers across the country should be imparted proper training in law to understand the fine distinction between the offences of cheating and criminal breach of trust. “It is high time that the police officers across the country are imparted proper training in law so as to understand the fine distinction between the offence...
SC/ST Act | No Bar On Anticipatory Bail Unless Prima Facie Offence Is Made Out: Supreme Court
The Supreme Court on Friday (August 20) held that that the bar to anticipatory bail under Section 18 of the SC and ST (Prevention of Atrocities) Act, 1989 is not attracted unless a prima facie case under the Act is made out against the accused.“If on a prima facie reading of the materials referred to in the complaint and the complaint itself, the ingredients necessary for constituting...
Mere Insult To SC/ST Member Not Offence Under SC/ST Act Unless Intent Was To Humiliate Based On Caste Identity : Supreme Court
The Supreme Court on Friday (August 20) held that mere insult of a member of a Scheduled Caste (SC) or Scheduled Tribe (ST) is not an offence under the SC and ST (Prevention of Atrocities) Act, 1989 unless the accused had the intention to humiliate based on caste identity.“all insults or intimidations to a member of the Scheduled Caste or Scheduled Tribe will not amount to an offence under...
Supreme Court Orders CBI Inquiry Into Alleged Illegalities In Chandigarh Police's Arrest Of Dentist
The Supreme Court has, through its order dated August 06, ordered CBI to conduct a preliminary enquiry into allegations against Chandigarh police for alleged illegalities in the arrest of Chandigarh-based dentist Mohit Dhawan. The Bench of Justices Sudhanshu Dhulia And Ahsanuddin Amanullah was hearing a petition filed by the Union Territory of Chandigarh against Punjab and Haryana...
Supreme Court Asks Police Chiefs To Take Action Against Erring Officials For Arrests In Violation Of S.41/41A CrPC & SC Guidelines
The Supreme Court recently directed that every Magistrate and Sessions judge to inform its jurisdictional Principal District judge about any form of non-compliance by the police in following the arrest guidelines laid down in the Satender Kumar Antil's case within 1 week of recording such non-compliance.The reports regarding the non-compliance should ultimately be forwarded to the Head of...
Supreme Court Allows Benefit Of Section 479 BNSS To Undertrials In Cases Registered Before July 1, 2024
In a significant development, the Supreme Court today (on August 23) held that Section 479 of Bharatiya Nagarik Suraksha Sanhita (BNSS) - the replacement of the Code of Criminal Procedure- would apply retrospectively to the undertrials across the country. It means that the provision will apply to all undertrials in cases was registered before July 1, 2024.As per Section 479 BNSS,...
University Can't Act Arbitrarily, Must Explain Denial Of Legitimate Expectation : Supreme Court In Law Professor's Plea For Regularisation
While directing the Tripura University to decide the plea for regularization of an Assistant Professor (Law) engaged by it on "lien vacancy", the Supreme Court recently observed that a statutory body such as a University cannot act unfairly and arbitrarily in matters of regularization. The decision to regularize should not be based "on the whims of the decision-making authority"; rather,...
Supreme Court Grants Anticipatory Bail To Malayali YouTuber Shajan Skariah In SC/ST Act Case On Kerala MLA's Complaint
The Supreme Court on Friday allowed anticipatory bail to the editor of the Malayalam YouTube News Channel 'Marunadan Malayalee' Shajan Skaria in a criminal case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 over making alleged derogatory remarks against MLA PV Sreenijin.A bench comprising Justices JB Pardiwala and Manoj Misra pronounced the verdict...
'Statement Under S.67 NDPS Act Inadmissible' : Supreme Court Sets Aside Conviction Of Medical Shop Owner
The Supreme Court on Thursday (Aug. 22) set aside the conviction of an accused under the Narcotic Drugs and Psychotropic Substances Act after the prosecution failed to establish that the Appellant/accused conspired in the transportation of a psychotropic substance.The case related to the seizure of pentazocine, a psychotropic substance, which was being transported as a railway parcel....
Registrar Must Ensure Assistants Work Diligently : Supreme Court Warns Registry Of Serious Consequences For Errors
The Supreme Court on Tuesday (August 20) directed the Registrar (Judicial Listing) to ensure that the assistants perform their work diligently and warned of serious consequences if recurrence of any error in the case files is noticed.A bench of Justice Dipankar Datta and Justice Prashant Kumar Mishra said this after observing on the previous date that the paper book of the SLP did not contain...
State Organs, Particularly Environmental Bodies Must Diligently Ensure Timely Compliance With NGT Directions: Supreme Court
The Supreme Court recently emphasised that every State organ, especially the ones associated with environment protection such as Chhattisgarh Environment Conservation Board (CECB) must diligently ensure timely compliance with the directions of the National Green Tribunal.“we hasten to make it abundantly clear that every State organ and, in particular, the wings of the Government associated...