Not Necessary To Review/Recall/Quash Order Accepting Closure Report Before Carrying Out Further Investigation: Supreme Court

The Supreme Court held that it is not necessary that the order accepting the closure report should be reviewed, recalled or quashed before carrying out further investigation under Section 173(8) CrPC.The bench of Justices Surya Kant and J B Pardiwala summarized the 'further investigation' powers of investigating agencies under Section 173(8) CrPC as follows:(i) Even after the final report is...

'Wholesale Domicile Reservation Unconstitutional' : Supreme Court Asks MP Govt To Review 75% Domicile Quota In B.Ed Seats

Stating that domicile reservation should not become a "wholesale reservation", the Supreme Court has asked the State of Madhya Pradesh to review its decision to have 75% domicile reservation in B.Ed seats."We make it clear that though reservation in favour of residents is permissible, yet reservation to the extent of 75% of the total seats makes it a wholesale reservation, which has been held...

UP Intermediate Education Act | Vacancies Which Existed Before Amendment Of Regulation 17 Are To Be Governed By Amended Rules : Supreme Court

The Supreme Court has held that the vacancies to the teaching posts in Uttar Pradesh which arose prior to amendment of Regulation 17 of the ‘Regulations under the U.P. Intermediate Education Act, 1921’, are to be governed by amended rules. The amendment to Regulation 17 was notified on 12.03.2018 and it now prescribes a written examination for the selection of Teachers in...

'Metro Rail Caters To Millions, Reduces Carbon Emissions' : Supreme Court Refuses To Interfere With DMRC Phase-IV Metro Work

Recently, the Supreme Court refused to interfere with the construction work on phase-IV of Delhi Metro, stating that any interference at this stage would also result in a huge escalation of its cost, causing a loss to the public exchequer.The bench of Justice B.R. Gavai and Justice Vikram Nath said that, “No doubt that the concern for the environment is an important aspect. However, at the...

Supreme Court Expresses Concern About Unregulated Visits Of Devotees In Places Of Worship Situated In National Parks & Sanctuaries

The Supreme Court has expressed concerns at the unregulated number of devotees visiting places of worship which are situated in national parks and sanctuaries."In many of the forests in such Protected Areas, certain places of worship are situated where the devotees come in thousands and lakhs. On one hand, it is not possible for the administration to restrain such devotees from visiting...

U.P. Intermediate Education Act | No 'Deemed Appointment' Of Selected Candidate If DIOS Doesn't Give Approval Within 15 Days : Supreme Court

The Supreme Court has held that the U.P. Intermediate Education Act, 1921 does not contemplate ‘deemed appointment’ of a candidate if the District Inspector of Schools (“DIOS”) does not approve the proposal for appointment of the candidate within 15 days period, as given under Regulation 18 of the ‘Regulation under the U.P. Intermediate Education Act, 1921’. The selection process...

Supreme Court Commutes Death Sentence Of Man Who Murdered His Sister & Her Lover From Another Caste; Takes Note Of 'Social Pressure'

The Supreme Court recently has commuted the death penalty imposed on a murder convict to the sentence of life imprisonment on the ground that manner in which the offence committed by him does not fall under ‘rarest of rare’ category and he does not have any criminal antecedents.The convict was a man, who killed his sister and her lover from another caste in 2017. After the murder, the...

UP Intermediate Education Act | Appointment Process Of Teachers Not Concluded Without Approval By DIOS : Supreme Court

The Supreme Court has held that the process of appointment of Teachers under the U.P. Intermediate Education Act, 1921 is not concluded without obtaining the mandatory approval of District Inspector of Schools (“DIOS”). There is no vested right of the candidate to be appointed merely because selection process has been completed. Section 16-FF(3) of the U.P. Intermediate Education Act,...

‘Investigating Officer Did Not Meet The Obligations’: Supreme Court Reverses Murder Conviction Imposed By Trial Court, Affirmed By High Court

Recently, while reversing a conviction imposed by the Trial Court and affirmed by Chhattisgarh High Court, inter alia, for murder, the Supreme Court noted that the investigating officer did not meet the obligations cast upon him under Chapter XII of Code of Criminal Procedure Code, 1973. “...we may observe that the Investigating Officer did not meet the obligations he was under. As we...

Supreme Court Directs All States/UTs To Register Suo Motu FIR Against Hate Speeches Irrespective Of Religion

In a significant development, the Supreme Court on Friday extended the application of its October 2022 order (which directed the Delhi, Uttar Pradesh and Uttarakhand Police to take suo motu action against hate speech cases) to all States and Union Territories. So now, all States/UTs are enjoined to take suo motu action to register FIR against hate speeches, without waiting for any...

Supreme Court Quashes Forgery Case Against Former Punjab CM Prakash Singh Badal & Akali Dal Leaders Over Party's Dual Constitution

The Supreme Court on Friday quashed the criminal proceedings pending against Shiromani Akali Dal chief Sukhbir Singh Badal, his father and five-time former Punjab Chief Minister Parkash Singh Badal, and party senior vice-president Daljit Singh Cheema in an alleged forgery case over the political party’s dual constitutions.Parkash Singh Badal had passed away at the age of 95 on April...

Supreme Court Quarterly Digest On CODE OF CIVIL PROCEDURE CODE 1908 [January - March 2023]

Section 24 - General power of transfer and withdrawalCode of Civil Procedure, 1908; Section 24, 25 - The power under section 24 of the CPC can be exercised by the High Court even for inter-State transfer of a suit, appeal or other proceeding, if it is the common High Court for two or more States under Article 231 of the Constitution and both the Civil Courts (transferor and transferee)...