High Court Cannot Admit Regular Second Appeal Without Framing Substantial Questions Of Law : Supreme Court

A Division Bench of the Supreme Court, while hearing an appeal, re-iterated the established position of law related to Section 100 of the CPC. The Court observed that the provision clearly indicates that first appellate court is the final court on questions of facts but only if there is any substantial question of law, a second appeal could be considered and raised by the High Court and...

Article 370 Case | "If They're Allowed To Do This, Heavens Know What Else They'll Do" : Gopal Sankaranarayanan Warns Against Potential Mischief [Day 9]

"If they're allowed to do this, heaven knows what else they would do!," exclaimed Senior Advocate Gopal Sankaranarayanan today on the ninth day of Constitution Bench hearing in the pleas challenging dissolution of Jammu and Kashmir's special status under Article 370. Sankaranarayanan, while concluding the arguments for petitioners, used certain "extreme examples" to argue that upholding...

“How Can We Start Selling Bail Like This": Supreme Court Says Onerous Bail Conditions Must Not Be Imposed Ordinarily

The Supreme Court on Wednesday(August 23) emphasised that bail with onerous conditions should only be granted under exceptional circumstances and not in ordinary matters. The bench asserted that pre-trial detention should only be employed when there is a clear threat to society or a genuine concern that the accused could tamper with evidence or influence witnesses. The court also referred to...

Supreme Court Discusses 'Self-Limiting' Nature Of Article 370, Asks How J&K Constitution Can Bind Indian Parliament [Day 9]

The ongoing hearings regarding the petitions challenging the abrogation of Article 370, which granted special autonomy to the region of Jammu and Kashmir, reached their ninth day today. The proceedings are being conducted by a Constitution Bench led by Chief Justice DY Chandrachud and comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant.As the petitioners...

Supreme Court Acquits Convict On Death Row; Orders Immediate Release

The Supreme Court on Wednesday acquitted a death row prisoner convicted in the murder of his two brothers and own son. This verdict was delivered by a three-judge bench of Justices BR Gavai, PS Narasimha, and Prashant Kumar Mishra after hearing the convict’s plea against the Allahabad High Court confirming the death sentence handed to him by a Uttar Pradesh sessions court in 2017....

Difference Between 'Mortgage By Conditional Sale' & 'Sale With Condition Of Retransfer' : Supreme Court Explains

The Supreme Court in the judgment Prakash (Dead) By LR. v. G. Aradhya & Ors has explained the concepts of 'mortgage by conditional sale' and 'sale with condition of retransfer'.Referring to Section 58(c) of the Transfer of Property Act, 1882 (TPA), the Court observed, “A deeming fiction was added in the negative that a transaction shall not be deemed to be a mortgage unless the...

'J&K Governor Had No Idea' : Petitioners Cite Satya Pal Malik's Interview Before Supreme Court In Article 370 Case

On the 9th day of hearing in the Article 370 case, the revelations made by former Jammu and Kashmir Governor Satya Pal Malik were cited in the Supreme Court.Senior Advocate Nitya Ramakrishnan, appearing for one of the petitioners challenging the Centre's decision to abrogate the special status of Jammu and Kashmir, referred to Malik's interview given to Karan Thapar of 'The Wire' in April...

Motor Accident Claims : Supreme Court Criticises 'Lethargic Attitude' Of States In Not Filing Compliance Report

The Supreme Court recently criticised the 'lethargic attitude' of states in not filing compliance reports on directions issued by the Top Court for implementation of the amended Motor Vehicles Act and the Central Motor Vehicles Rules.The Apex Court in its previous order dated 10.07.2023 had urged the States and High Courts that had not filed their compliance reports in connection with a slew...

TP Act | Transaction Can't Be Regarded As 'Mortgage By Conditional Sale' If Condition For Reconveyance Is Not Specified In Same Deed : Supreme Court

The Supreme Court recently held that under Section 58(c) of the Transfer of Property Act,1882 no transaction shall be deemed to be a mortgage unless the condition for reconveyance is contained in the document which purports to effect the sale.A division bench of Justice Hima Kohli and Justice Rajesh Bindal made the observation while dealing with a case in which two documents were executed on...

Supreme Court Issues Guidelines For Filing Written Submissions Before Constitution Benches & Important Final Hearing Cases

The Supreme Court registry today(Aug 22) issued a circular detailing comprehensive guidelines to streamline the process of filing written submissions and compilations before constitution benches and important final hearing cases.The guidelines, laid out in a Standard Operating Procedure (SOP), are set to provide a structured framework for filing soft copies of written submissions and...

UPSC Civil Services Exams : Supreme Court Allows Withdrawal Of Petition Seeking Answer Key & Cutoff Marks Of Prelims 2023

The Supreme Court on Tuesday(Aug 22) granted permission for the withdrawal of a petition that sought publication of the answer key and cutoff marks for the UPSC Civil Services Preliminary Examination 2023. The decision comes in light of the fact that a similar issue is already under consideration by the Delhi High Court. The Delhi High Court had reserved its decision on the matter on 2nd...

NEET PG | Students Who Take Admission In All India Quota Can't Vacate Seats After 2nd Round Of AIQ Counselling : Supreme Court

The Supreme Court on Monday (August 21) reiterated that students who take admission in All India Quota(AIQ) seats for Post Graduate medical courses cannot vacate the seats after the second round of counselling for AIQ seats in National Entrance-cum-Eligibility Test (NEET).The Court referred to the order passed in May 2017 in the case Dar-Us-Slam Educational Trust v Medical Council of India...