Supreme court
Section 420 IPC| Person Cheated Must Have Been Dishonestly Induced To Deliver Property: Supreme Court
The Supreme Court (on March 20) held that to attract the offence of cheating, it must be shown that the person who cheated was dishonestly induced to deliver the property to any person. Further, a dishonest intention must be on the part of a person accused of such an offence. The three-judge Bench of Justices B.R Gavai, Rajesh Bindal, and Sandeep Mehta rendered the...
Corporate Entity's Complaint Maintainable Under Consumer Protection Act 1986 : Supreme Court
In a significant development, the Supreme Court held that the corporate entity/company wouldn't be barred under the old Consumer Protection Act of 1986 to be treated as a 'person' for filing a consumer complaint.Setting aside the order of the National Consumer Disputes Redressal Commission, the Bench Comprising Justices B.R. Gavai and Sandeep Mehta observed that although the word 'person'...
Kerala Govt Moves Supreme Court Against President Withholding Assent For 4 Bills, Terms It Arbitrary
The State of Kerala has approached the Supreme Court challenging the action of the President of India in withholding assent for four out of the seven bills referred by the Kerala Governor.In its writ petition filed under Article 32 of the Constitution, the State also challenged the Governor's action of referring the bills to the President, arguing that none of the bills related to...
Mere Involvement In Sexual Offence Not Sufficient: Supreme Court Quashes Preventive Detention Order
In a case involving allegations of rape and extortion, the Supreme Court recently quashed a preventive detention order under the Telangana Prevention of Dangerous Activities Act, 1986 observing that mere involvement in a sexual offence (including gang rape) is not itself sufficient to invoke Section 3 of the Act (giving power to pass detention orders)."This is for the reason that the offence...
Preventive Detention Orders Passed Capriciously Must Be Nipped In The Bud By Advisory Board : Supreme Court
In a significant ruling, the Supreme Court discussed the role and duty of the Advisory Boards constituted under the Preventive Detention Laws, on their capricious exercise of power while scrutinizing the preventive detention order of the Detaining Authority passed in a routine and mechanical manner. “preventive detention being a draconian measure, any order of detention as a result of...
Supreme Court Directs States/UTs To Issue Ration Cards To 8 Crore Unorganised Sector Workers Registered Under E-Shram Portal
The Supreme Court (on March 19) has directed the State Governments and Union Territories to grant ration cards to 8 crore workers in the Unorganised sector who, despite being registered under the center's e-Shram portal, do not have these ration cards. This, in turn, will allow these workers to get the benefit of schemes by the Union of India and state governments, as well as the benefit of...
Supreme Court Rebukes Telangana Police Again, Says Preventive Detention Must Not Be Applied Routinely Without Application Of Mind
In a significant development, the Supreme Court has yet again rebuked the Telangana Police for routinely exercising the powers of preventive detention to detain individuals without considering the fundamental rights guaranteed under the constitution. The Bench Comprising CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra gave a warning to the Telangana Police to not pass...
Inability Of State Police To Tackle Law & Order No Excuse To Invoke Preventive Detention : Supreme Court
In a notable ruling, the Supreme Court has summarised the important points relating to preventive detention. The Court stated that the Inability on the part of the state's police machinery to tackle the law and order situation should not be an excuse to invoke the jurisdiction of preventive detention.While setting aside the preventive detention of an alleged chain snatcher under the...
ED Must Furnish Grounds Of Arrest To Accused In Writing : Supreme Court Dismisses Union's Review Against 'Pankaj Bansal' Judgment
The Supreme Court dismissed the Union's petition seeking review of Pankaj Bansal v. Union of India, in which it held that the Directorate of Enforcement (ED) must furnish the accused with the reasons for arrest in writing. The Bench of Justices AS Bopanna and PV Sanjay Kumar dismissed the review petition, stating that the decision does not contain any error that warrants...
Exempting Earth Extraction For Linear Projects From Environmental Clearance Arbitrary : Supreme Court Quashes Centre's Notification
The Supreme Court (on March 21) set aside an amendment that eliminated the requirement of environmental clearance for extracting the earth for linear projects such as roads, pipelines, etc. The Court termed this blanket exemption “completely unguided.” Based on this, it was held to be arbitrary and violative of Article 14 of the Indian Constitution. One of the reasons the Court...
'Even Today Court Is Forced Restate DK Basu Principles', Supreme Court Directs Police & Probe Agencies To Strictly Follow Norms On Arrest
In a recent decision, the Supreme Court expressed displeasure with the conduct of the investigative agencies and the police for not adhering to the Constitutional and statutory safeguards while arresting and taking the accused into custody. An accused was subjected to physical and verbal abuse by a Maharashtra police officer and complainant after he moved out of the lock-up. The accused...