Supreme court
Supreme Court Sets Aside HC Condition That Accused Who Got Bail Can Furnish Bail Bonds Only After Spending 6 Months In Custody
Reiterating that the pre-trial process itself shall not become punishment, the Supreme Court yesterday set aside a bail condition imposed by the Patna High Court to the effect that the bail bonds be furnished by the accused after completion of 6 months in custody from the date of the order. The condition in effect put on hold the implementation of the bail order for six months."We see no...
S.319 CrPC | Order To Summon Additional Accused Passed After Acquittal/Conviction Of Co-Accused Is Unsustainable: Supreme Court
The Supreme Court recently quashed an order under Section 319 of the CrPC summoning a man for a murder trial after the trial of the original accused persons had already concluded.Section 319 of the CrPC grants the trial court the power to summon any person, not being an accused, to face trial if it appears from the evidence collected during the trial that such a person is also involved in...
Witness Who Made Self-Incriminating Statements Can Be Summoned As Additional Accused Based On Other Materials: Supreme Court
The Supreme Court held that a witness who gives an incriminating statement cannot take a shield under proviso of Section 132 of the Evidence Act (“IEA”) to claim immunity from prosecution if there exists other substantial evidence or material against him proving his prima facie involvement in the crime.The Court stated : "We hold that the qualified privilege under the proviso to Section...
Improper To Discriminate Among Homogenous Group : Supreme Court
The Supreme Court observed that there cannot be a discrimination amongst the homogenous class of the candidates based on their date of admission who secured admission to the same course through the same process in the same academic session while determining their eligibility for getting an appointment to a particular position.The Rajasthan authorities, on 11.09.2017, issued an...
'Such Blanket Stay On Infrastructural Projects Inappropriate' : Supreme Court Vacates HC's Embargo On Gaggal Airport Expansion
The Supreme Court has vacated the Himachal Pradesh High Court's direction for status quo on the ongoing Gaggal (Kangra) Airport expansion project. In the order, passed on March 7 and uploaded on the Supreme Court's website yesterday, the bench led by Chief Justice of India DY Chandrachud criticised the High Court for imposing a blanket stay."The interim direction of the High Court dated...
Co-Owner Whose Share In Joint Property Remained Undetermined Cannot Transfer Entire Property : Supreme Court
The Supreme Court observed that a co-owner whose share in the joint property remained undetermined cannot transfer the entire suit property to another person without its partition being completed by metes and bounds. In other words, when there exist various co-owners in the property, then the subsequent purchaser of the suit property cannot acquire right, title and interest in the whole of...
Supreme Court Criticises P&H High Court & Punjab Govt For Not Reinstating Judicial Officer Whose Dismissal Was Set Aside By SC
The Supreme Court recently expressed disapproval of the refusal of the Punjab & Haryana High Court and the State of Punjab to reinstate a judicial officer whose dismissal from service was set aside by the Supreme Court in 2022.In 2022, the Supreme Court had set aside the order passed by the Punjab Government in 2009 (based on a recommendation of the Full Court of the P&H HC)...
'National Medical Commission Expected To Act Fairly' : Supreme Court Imposes Rs.10 Lakh Cost On NMC For Challenge To Medical College's Approval
The Supreme Court recently deprecated the National Medical Commission (NMC) for raising a frivolous challenge to the grant of approval for the expansion of a medical college. Reminding that the NMC should act reasonably and fairly, being an organ of the State, the Court imposed a cost of Rs.10 lakhs on it."Prima facie, we find that the attitude of the NMC is not of a model litigant. The NMC is...
Judgment On Govt Employees' Entitlement To Increment Earned A Day Before Retirement : Supreme Court Clarifies Date Of Application
The Supreme Court has passed an interim order making certain important clarifications regarding the application of its judgment in the case The Director (Admn and HR) KPTCL & Others vs CP Mundinamani and others which held that government employees are entitled to the increment which they earned on the previous day of their retirement.The judgment was delivered by two-judge bench on April...
Companies Act | When Can Courts Exercise Power Of Rectification Of Register Of Members? Supreme Court Explains
The Supreme Court in a recent judgment held that Company Law Tribunals can exercise powers of rectification of the register of members under Companies Act 2013 if the applicant was a victim of an 'open-and-shut' case of fraud by his opponents.The bench of Justices Sanjiv Khanna and Sanjay Kumar also explained the concept of 'rectification' and held that company courts should carefully...
Don't Accept Black & White Photographs Without Permission Of Court : Supreme Court Directs Registry
The Supreme Court has directed the Registry to not accept black and white photographs produced by parties without the permission of the Court."We are observing for a fairly long time that parties take full liberty in placing on record black and white photocopies of photographs, mostly which are blurred. The Registry is directed not to entertain hitherto any black and white photographs...
