Supreme court
Modality Proposed By Calcutta HC To CBI For Filing Appeals Not A Mandate : Supreme Court
The Supreme Court held that the judgment of the Calcutta High Court, which proposed a mechanism for filing of appeals before the HC against acquittals in CBI cases, should not be treated as a mandate.The High Court, in its order passed on June 8, 2022, had suggested that against an order of acquittal, the Zonal Head should obtain a comments of the Prosecutor and the Assistant Solicitor...
Supreme Court Upholds Tripura HC Order That Directed State Govt To Pay Remuneration To Retired Judge Who Served As Chairman Of NSA Advisory Board
The Supreme Court on Friday upheld the order of the Tripura High Court that directed the State Government to pay former judge of the Gauhati High Court, Justice Alok Baran Pal who retired as the Chairman of the National Security Advisory Board to be paid remuneration at the rate of the salary of a High Court judge minus the pension during the period he held the sole post as Chairman of the...
Slum Demolition : Supreme Court Declines To Interfere With Delhi HC Judgment That Jhuggis Outside Recognized Clusters Are Not Entitled To Rehabilitation
The Supreme Court recently refused to interfere with a Delhi High Court judgment which held that dwellers of jhuggis which are outside the list of recognized jhuggi clusters are not entitled to rehabilitation as per the Delhi Urban Shelter Improvement Board Act 2010.A bench comprising Justices Hrishikesh Roy and Pankaj Mithal dismissed a special leave petition filed by a group of slum...
Accused Not Filing Petition To Quash FIR/Chargesheet Has No Relevance In Deciding Bail Application : Supreme Court
The Supreme Court, while granting bail to human rights activist Teesta Setalvad, observed that the accused not filing an application for quashing the FRI/Chargesheet is not a relevant consideration for deciding bail application . If such a position was to be accepted, then no bail application be can be accepted unless the accused files an application for quashing the proceedings, the Apex...
Person Summoned Under Sec 69 CGST Act Cannot Seek Anticipatory Bail Under S 438 CrPC; Only Remedy Is Under Art 226 : Supreme Court
The Supreme Court on Monday held that if a person is summoned under Section 69 (Power to arrest) of the CGST Act, 2017 for the purpose of recording of his/her statement, the provision of Section 438 (Anticipatory Bail) of Criminal Procedure Code, 1973 cannot be invoked.A division bench of Justice J B Pardiwala and Justice Prashant Kumar Mishra observed: “Thus, the position of law is that...
Can Parliamentary Law Under Article 239AA(7) Alter Constitutional Powers Of Delhi Govt? Issue Referred To Supreme Court Constitution Bench
While referring the Delhi Government's challenge against the Centre's Ordinance on services to a Constitution Bench, a 3-judge bench of the Supreme Court observed that contours of the powers of the Parliament under Article 239AA(7) of the Constitution were not considered in either of the earlier Constitution Bench judgments of 2018 and 2023 in the GNCTD vs Union of India cases.Article 239AA...
LIVE UPDATES - Supreme Court Hearing On Rahul Gandhi's Plea To Stay Conviction In Defamation Case Over 'Modi Surname' Remark
Supreme Court bench of Justices BR Gavai & PK Mishra to hear TODAY Congress leader Rahul Gandhi's plea against Gujarat High Court's order refusing to stay his conviction in criminal ddefamation case over 'why all thieves share Modi surname' remark.Rahul Gandhi approached the Supreme Court challenging the Gujarat High Court's order dismissing his application to stay the conviction in...
'Guilty Intention' vs 'Guilty Knowledge' : Supreme Court Explains Fine Distinction Between Two Parts Of Section 304 IPC
In a judgment delivered yesterday, the Supreme Court explained the fine difference between the two parts of Section 304 of the Indian Penal Code.The bench of Justices B R Gavai and J B Pardiwala observed that, under the first part, the crime of murder is first established and the accused is then given the benefit of one of the exceptions to Section 300 of the IPC, while under the second part,...
Mandate Of Section 52A NDPS Act Has To Be Duly Complied Before Disposal/Destruction Of Seized Narcotic Substances : Supreme Court
The Supreme Court observed that the mandate of Section 52A of the NDPS Act has to be duly complied before any disposal/destruction of seized narcotic substances.The bench of Justices A S Bopanna and M M Sundresh observed thus while allowing an appeal filed by an accused concurrently convicted uinder Section 8(b) read with Section 15(c) of the Narcotic Drugs and Psychotropic Substances Act,...
COFEPOSA | SLP Challenging Report Of Advisory Board/Opinion of Board Not Maintainable: Supreme Court
The Supreme Court recently reiterated that a special leave petition challenging a report of the Advisory Board/Opinion of the Board under the COFEPOSA Act is not maintainable. The order was passed by a division bench of Justice C T Ravikumar and Justice Sanjay Kumar while hearing a challenge to an order passed by the Central Advisory Board, Karnataka under the Conservation of Foreign...
'No Overt Act' : Supreme Court Set Aside Conviction Under Section 323 r/w 34 IPC
The Supreme Court recently set aside the conviction under section 323 read with section 34 IPC(joint liability) on the ground that the appellants themselves did not do any act which can be attributed to them in the incident. The case related to the assault of a woman who was beaten to death. However, the specific role played by appellants in the crime was not proved.The Supreme Court...