Supreme court
Prisons Reforms | Supreme Court Directs Constitution Of District Committees Across India To Report On Existing, Required Jail Infrastructure
In a public interest litigation (PIL) initiated to address the issue of overcrowding of prisons in India, the Supreme Court today directed States/Union Territories to constitute District-level Committees, which shall assess and report on available infrastructure in jails and give a decision on the number of additional jails required in terms of the Model Prison Manual, 2016.The Bench of...
'Published In Good Faith' : Supreme Court Quashes Defamation Case Against Newspaper Owner For Report Against Advocate
The Supreme Court recently quashed a criminal defamation case against the owner of a newspaper over an article published against an advocate.The defamation case was filed against the owner of a daily newspaper named 'Sunday Blast', based in Madhya Pradesh, for a report titled “Advocate ne pan masala vyavasayi par karaya jhuta mamla darj”(advocate files false case against Pan Masala...
S.391 CrPC | Party Who Wasn't Diligent At Trial Can't Seek To Produce Additional Evidence At Appeal Stage : Supreme Court
A party who was not diligent in producing evidence at the trial stage of a criminal case cannot seek to produce the same in appeal, held the Supreme Court.The Bench of Justices B.R. Gavai and Sandeep Mehta observed that the power to record additional evidence at the appellate stage should not be exercised in a routine and casual manner. Such a power shall only be exercised when non-recording...
Can Hindu Law Principles Be Applied While Deciding Inheritance Rights Under Mohammedan Law? Supreme Court To Examine
The Supreme Court is set to examine whether the principles of Hindu law could be applied while adjudicating inheritance rights under the Mohammedan law. The bench of Justices CT Ravikumar and Rajesh Bindal, while issuing notice in a partition matter, ordered: “The question of seminal importance, which is required to be decided in this case is whether the principles of Hindu law...
For Conviction Under SC/ST Act, Offence Of Outraging Woman's Modesty Must Be Committed On Ground Of Caste: Supreme Court
The Supreme Court observed that the conviction for the offence punishable under Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 cannot be sustained if the act of outraging the modesty of a woman was not committed on the ground of caste."The language of Section 3(1)(xi) of the SC/ST Act provides that the offence must be committed upon a...
S.138 NI Act | If Accused Is Disputing Signature On Cheque, Certified Copy Of Specimen Signature Can Be Procured From Bank: Supreme Court
In a complaint under Section 138 of the Negotiable Instruments Act, if the accused is disputing the signature on the cheque, then the certified copies of the signatures from the bank could be summoned from the bank to compare the same with the signature appearing on the cheque.The Court explained that the indorsements on a cheque carry a presumption of genuineness as per Section 118(e) of...
'Learn Some Law, Don't File These Kind Of Petitions' : Supreme Court Rebukes Lawyer For Filing 'Misconceived' PIL
Refusing to entertain a PIL seeking directions to State Governments to set up 'Courts Special Cells' to ensure compliance with Court Orders, the Supreme Court today admonished the lawyer to be aware of the existing nuances of law before filing such petitions.CJI rebuked the petitioner, “ You are back again? Last time I told you not to file such PILs….somebody will impose costs of on you....
Centre's 2011 Caste Census Report Unhelpful To Identify Socially & Educationally Backward Classes : Kerala Govt Tells Supreme Court
This week, the Kerala government has denied wilful non-compliance with the Supreme Court's order to conduct a socio-economic study to revise the reservation list for Socially and Educationally Backward Classes (SEBC) in the state.This counter-affidavit filed on behalf of the State of Kerala by its chief secretary is in response to a contempt petition initiated by the Minority Indians Planning...
IBC | Moratorium Under S 14 No Bar To Execute Decree Against Directors/Officers Of Corporate Debtor: Supreme Court
The Supreme Court has held that the imposition of moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 (“IBC”) has no effect on the execution of a decree against the Directors or Officers of the Company (Corporate Debtor), which is undergoing Corporate Insolvency Resolution Process (“CIRP”) under IBC.When the Company was admitted into CIRP, the National...
Bail Cannot Be Cancelled Merely Due To Non-Appearance Of Accused Before Court: Supreme Court
The Supreme Court recently observed that the non-appearance of the accused party is no ground for cancellation of bail. The three-judge Bench of Justices B.R. Gavai, Sanjay Karol, and Sandeep Mehta was hearing a criminal appeal arising out of the impugned order of the Calcutta High Court cancelling bail. The High Court had noted that, on several occasions, it directed the accused...
Supreme Court Surprised At Practice Of Gujarat Courts Giving Police Liberty To Seek Remand While Granting Anticipatory Bail; Issues Notice To HC
The Supreme Court on Monday (January 29) expressed surprise at the practice followed by Courts in Gujarat of giving the police liberty to seek remand of the accused even while granting anticipatory bail.The Bench, comprising Justices BR Gavai and Sandeep Mehta, remarked that such a practice would defeat the objective of granting anticipatory bail, nullifying the guarantee of personal liberty....
Caste Or Religion Of Parties Should Not Be Mentioned In Any Filings Before Courts : Supreme Court
In a significant development, the Supreme Court has passed a general order directing that the caste or religion of parties shall not be mentioned in the memo of parties of a petition/proceeding filed before the Courts. To ensure the immediate compliance of these directions, the Court also directed a copy of this order to be placed before the concerned Registrar. The same shall...