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Supreme Court Deprecates Political Pressure Dictating Prosecution Sanction, Raps Rajasthan Govt

The Supreme Court recently criticised the State of Rajasthan for changing its stance, under the influence of political dictate, on granting prosecution sanction which was earlier declined. It remarked that prosecution sanctions are meant to safeguard innocent public servants from frivolous harassment and can't resemble the dilemma in Hamlet's Soliloquy: to be or not to be."The...

Administrative Action Cannot Be Struck Down Merely Because It Was Not Issued As A Formal Order : Supreme Court

The Supreme Court on Thursday (July 30) held that when an authority possesses a power under a relevant statute to take an action, the mere fact that the action is styled as a "circular" or "communication" rather than a formal "order" does not invalidate it. “Once the power exists and it is clear that this particular power has been exercised, the style under which it was exercised would...

Indian Succession Act | How Does Wifes Property Devolve After Death? Supreme Court Explains Christian Inheritance

The Supreme Court on Thursday (July 30) clarified that under Christian succession law, a property purchased by a husband in the name of his wife remains the wife's exclusive property. Consequently, upon her death, succession to such property must be determined based on her ownership and cannot be treated as the husband's estate for the purpose of applying Section 33 of the Indian Succession...

Reach Stacker Is Not A Motor Vehicle Under MV Act, Accident Victim Cant Approach MACT: Supreme Court

The Supreme Court has held that a Reach Stacker, a heavy container-handling machine used within Inland Container Depots (ICDs), is not a "motor vehicle" under the Motor Vehicles Act, 1988, and therefore a compensation claim arising from an accident involving such a machine is not maintainable before a Motor Accident Claims Tribunal (MACT).A Bench of Justice Sanjay Karol and Justice...

Supreme Court Grants Uttarakhand Deputy Collectors Seniority Benefit From Initial Ad Hoc Promotion

The Supreme Court has held that Deputy Collectors in Uttarakhand who were promoted on an ad hoc basis in 2007 are entitled to count their continuous officiating service towards seniority, ruling that the State Government cannot deny them the benefit because of its own failure to consult the Public Service Commission as required under the rules.A Bench of Justices Pamidighantam Sri Narasimha...

PC Act | Decision To Refuse Prosecution Sanction Cant Be Reviewed On Same Materials : Supreme Court

The Supreme Court recently observed that an order denying sanction to prosecute a public servant under the Prevention of Corruption Act, 1988 cannot be reviewed by the appropriate authority unless fresh material emerges which was not available at the earlier instance. "A mere change of opinion per se on the same materials cannot be a ground for review or reconsideration of an earlier...

Supreme Court Upholds Constitutionality Of Sentences Of Imprisonment For Remainder Of Natural Life Without Remission

The Supreme Court has upheld the constitutional validity of sentences directing imprisonment for the remainder of a convict's natural life, dismissing a batch of writ petitions that challenged such punishments as unconstitutional and contrary to the statutory remission framework.A Bench of Justice Sanjay Karol and Justice Augustine George Masih rejected petitions filed by four sets of...