Supreme court
Section 323 CrPC - Power Can Be Invoked Even After Deposition/Chief Examination Of Witness: Supreme Court
The Supreme Court observed that the power under Section 323 CrPC may be invoked by the Magistrate even after the deposition or the examination-in-chief of a witness.The key requirement for the invocation of the power under the Section 323 is that the learned Magistrate concerned must feel that the case is one which ought to be tried by the Court of Sessions, the bench of Justices MM Sundresh...
NEET PG: Supreme Court Grants Relief To Candidate Denied Benefit Of OCI Card Holder Based On 2021 MEA Notification
The Supreme Court recently granted relief to a candidate who was aggrieved by the rejection of her candidature as an Overseas Citizen of India(OCI) card holder by the All India Institute of Medical Sciences (AIIMS). Finding the rejection of her application as an OCI candidate to be illegal, the Court directed to be considered in remaining counselling rounds by the AIIMS and other NEET-PG...
Can Anticipatory Bail Be Granted To Proclaimed Offender? Only In Exceptional & Rare Cases, Holds Supreme Court
The Supreme Court has observed that anticipatory bail can be granted to a person to a proclaimed offender only in an exceptional and rare case. The Court made this observation while setting aside an order passed by the the Punjab and Haryana High Court granting bail to the respondent, who was declared to be proclaimed offender under Section 82 of the Code of Criminal Procedure.“The...
Expressing Serious Concern, Supreme Court Asks Patna HC CJ To Look Into Delay In Uploading Court Order
The Supreme Court on Friday directed the Chief Justice of the High Court of Patna to took look into certain irregularities in uploading an order of the High Court. The Top Court said that the issue raised 'serious concerns' and directed the High Court Chief Justice to take necessary steps in this regard. A division bench of Justice S. Ravindra Bhat and Justice Aravind Kumar was considering...
Supreme Court Seeks TN Govt View On Plea Against HC Allowing Transfer Of Archakas From One Agamic Temple To Another
The Supreme Court recently sought the response of the state of Tamil Nadu regarding transfer of temple Archaka(pujair/priest) from one Agamic Temple to another Agamic Temple and the role required to be played by the appointing authority, in the absence of an elected trustee.A bench Justice M.M. Sundresh And Justice J.B. Pardiwala issued notice in a plea challenging the order of the Madras...
Child From Void/Voidable Marriage Cannot Be Treated As Coparcener By Birth In Mitakshara Hindu Undivided Family : Supreme Court
The Supreme Court, while holding that a child born from a void or a voidable marriage is entitled to parents' share in a Hindu Undivided Family(HUF) governed by Mitakshara law, clarified that such a child cannot be treated as coparcener by birth in the HUF."If a person born from a void or voidable marriage to whom legitimacy is conferred by sub-sections (1) or (2) of Section 16 [of the...
Legal Aid - Advocate Appointed To Represent Accused Should Be Given Reasonable Time To Go Through File & Get Ready : Supreme Court
The Supreme Court observed that a legal-aid advocate appointed to represent the accused should be given reasonable time to go through the file and get ready to assist the Court. The object of appointing an advocate to espouse the cause of the appellant who was unrepresented was to ensure that justice is done to him, the bench of Justices Abhay S Oka and Pankaj Mithal said.In this case,...
HC Can Act On Section 482 Petition To Quash FIR Even If Chargesheet Has Been Filed During Its Pendency : Supreme Court
The Supreme Court recently clarified that the High Courts can quash an FIR even if chargesheet was filed while the petition filed under Section 482 CrPC was pending."It is well settled that the High Court would continue to have the power to entertain and act upon a petition filed under Section 482 Cr.P.C. to quash the FIR even when a chargesheet is filed by the police during the pendency of...
'Far-Fetched, Vague Allegations' : Supreme Court Quashes Sec 498A IPC Case By Wife Against Mother-in-Law & Brothers-in-Law
'The Supreme Court recently quashed the criminal proceedings initiated at the instance of a wife against her in-laws for the offence of cruelty under Section 498A of the Indian Penal Code after noting that the allegations were "mostly general and omnibus in nature".The woman had lodged the FIR against her mother-in-law and two brothers-in-law (one of them a judicial officer). The accused...
Magistrate Can Take Cognizance Of Protest Petition After Rejecting Police Final Report : Supreme Court
The Supreme Court observed that on the receipt of final report, Magistrate can exercise his discretion to treat protest petition as a complaint case.The bench of Justices Bela M Trivedi and Dipankar Datta noted that on the receipt of the police report under Section 173 Cr.P.C., the Magistrate can exercise three options. Firstly, he may decide that there is no sufficient ground for...
Supreme Court Upholds Disciplinary Action Against Bank Manager For Lapses In Loan Approval; Rejects Defence Of Following Superiors' Instructions
The Supreme Court recently set aside the order of a division bench of the Delhi High Court that had quashed the disciplinary action initiated by Bank of India (later amalgamated with Punjab National Bank) against a delinquent Bank Manager. Disciplinary action was initiated against the respondent for sanctioning a loan which later became a Non-Performing Asset (NPA) causing huge losses to...