Supreme court
Expeditious Trial Of Terror Attack Cases Necessary : Supreme Court Says Delay In 1996 Lajpat Nagar Blast Case Compromised National Security
The Supreme Court of India, while sentencing to life imprisonment without remission four Jammu and Kashmir Islamic Front (JKIF) militants convicted for their role in the 1996 Lajpat Nagar bomb blast, not only underscored the importance of speedy trials, but also considered the time elapsed since the terror attack as well as the date of conviction as mitigating circumstances in not...
Error Which Has To Be Detected By Long Drawn Process Of Reasoning Is Not An 'Error Apparent On The Face Of Record' For Review : Supreme Court
The Supreme Court observed that an error which is not self-evident and has to be detected by a process of reasoning, can hardly be said to be an error apparent on the face of record.An error on the face of record must be such an error which, mere looking at the record should strike and it should not require any long-drawn process of reasoning on the points where there may conceivably be...
Right Of Forest Inhabitants For Claims Against Eviction To Be Heard By Forest Officer Not Limited To Recogonized Forest Communities : Supreme Court
The Supreme Court observed that the right of forest inhabitants for claims to be heard by Forest Officer is not limited only to certain recognized forest communities."This right to be heard, in our opinion, must be granted to all claiming possession of the subject land, and the substantial right of possession can be granted or denied during the said hearing, by the competent authority, that is...
State Action Even In Contractual Realm Must Abide By Article 14 : Supreme Court
The Supreme Court observed that the State action irrespective of being in the contractual realm must abide by Article 14 of the Constitution.The fact that a dispute falls into the contractual realm does not relieve the State of its obligation to comply with the requirements of Article 14, the bench of Justices B R Gavai, Sanjay Karol and Aravind Kumar said.In this case, the Madras Aluminum...
Inter-Faith Couple : Supreme Court Grants Bail To Man In Rape & Kidnapping Case After Taking Note Of Live-In Relationship
The Supreme Court on Wednesday granted bail to a man in an inter-faith relationship, who was in custody for over nine months in a case filed by the woman's parents alleging rape and kidnapping.A bench comprising Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia decided to grant bail after noting that the couple had been in a live-in relationship since August 2022. They had also filed...
After Withdrawing SLP With Liberty To File Review In HC, Is Subsequent SLP Against HC Order Maintainable? Supreme Court Refers To Larger Bench
The Supreme Court, on Wednesday, referred the issue - whether liberty granted by the Supreme Court to approach the High Court in review, automatically places the said matter in the escalation matrix, and makes the remedy of Special Leave Petition available again - to a larger Bench. A Division Bench comprising Justice Krishna Murari and Justice Sanjay Karol referred the matter to a larger...
To Claim Backwages, Initial Burden Is On Employee To Establish That He Was Not Gainfully Employed During Period Of Dismissal : Supreme Court
The Supreme Court on Wednesday ordered the Delhi Transport Corporation (DTC) to pay Rs. 3 lakhs in lieu of back wages to a conductor who was terminated from service and later on reinstated by the order of the Labour Court on the ground that the appellant (conductor) discharged the burden by establishing that he was unemployed for thirteen months after termination. The division bench...
1996 Lajpat Nagar Bomb Blast Case : Supreme Court Sentences Four Convicts To Life Imprisonment Without Remission
The Supreme Court of India on Thursday upheld the conviction of two accused in the 1996 Lajpat Nagar bomb blast case and sentenced them to life imprisonment without remission. The convictions of two other former death row convicts who were discharged by the Delhi High Court were also restored and they were awarded life sentences extending to the rest of their natural lives. A bench...
POCSO Act | Courts Cannot Impose Less Than Minimum Sentence Prescribed : Supreme Court
The Supreme Court observed that the Courts cannot impose sentence lesser than the minimum punishments prescribed in POCSO Act.The POCSO Act was enacted to provide more stringent punishments for the offences of child abuse of various kinds, the bench of Justices Abhay S. Oka and Rajesh Bindal observed.In this case, the Trial Court sentenced the accused to rigorous imprisonment for ten years...
Supreme Court Collegium Recommends Appointment Of Justice Devendra Upadhyaya As Chief Justice Of Bombay High Court
Supreme Court Collegium comprising of Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, and Justice Sanjiv Khanna has recommended the appointment of Justice Devendra Upadhyaya of the Allahabad High Court as Chief Justice of the Bombay High Court.The collegium noted that Justice Upadhyaya has acquired eleven years of experience in dispensing justice, and his appointment...
Trial Courts Should Make Proper Preliminary Examination Of Child Witnesses Before Recording Their Evidence: Supreme Court
The Supreme Court observed that the trial courts have to make proper preliminary examination of minor witnesses before recording their evidence.This is to to ascertain whether the minor is capable of understanding the questions put to him and is able to give rational answers.In this case, the the Sessions Court convicted the accused under Section 302 read with Section 34 of the Indian...
Collegium Recommends Telangana, Kerala HC Chief Justices Ujjal Bhuyan & SV Bhatti For Supreme Court Judgeship
The Supreme Court collegium has recommended the names of Telangana High Court Chief Justice Ujjal Bhuyan and Kerala High Court Chief Justice S Venkatanarayana Bhatti as judges of the top court, in order to fill two of three vacancies left behind by now retired Judges - Justices KM Joseph, Ajay Rastogi and V Ramasubramanian.In this regard, the collegium headed by Chief Justice DY Chandrachud...