Supreme court
Supreme Court Vacates Stay In A 16 Year Old Criminal Appeal; Pulls Up Appellant-Lawyer Who Sought Repeated Adjournments
The Supreme Court vacated a stay order in a 16 year old criminal appeal as it pulled up the appellant-lawyer for seeking repeated adjournments.On 19 October 2006, Gulshan Bajwa, a lawyer, was convicted by the Delhi High Court finding him guilty of criminal contempt of making reckless and undesirable allegations against the Judges. He was sentenced to simple imprisonment for a period of...
Judge Also Has A Public Duty To See That Guilty Man Does Not Escape : Supreme Court Upholds Conviction Of Man For Killing Wife
Judge also presides to see that a guilty man does not escape, the Supreme Court noted while it upheld conviction of a man accused of killing his wife."The law does not enjoin a duty on the prosecution to lead evidence of such character, which is almost impossible to be led, or at any rate, extremely difficult to be led. The duty on the prosecution is to lead such evidence, which it is capable...
Applications Filed For ‘Clarification/Addition’ While Evading The Recourse Of Review, Should Be Discouraged: Supreme Court
The Supreme Court observed that 'applications' filed on the pretext of ‘clarification/addition’ while evading the recourse of review, ought not to be entertained and should be discouraged."Any alternation or addition to a judgment pronounced by Court can be made only to correct a clerical or arithmetical mistake or an error arising out of an accidental slip or omission", the bench of...
Pathological Labs In Kerala Covered Under ESI Act From 2007 & Not 2002 : Supreme Court Dismisses ESIC Appeal
The Supreme Court on Wednesday dismissed an appeal by the Employees' State Insurance (ESI) Corporation challenging a 2008 Kerala High Court order that had held that the provisions of The Employees’ State Insurance Act, 1948 will be applicable to a pathological laboratory from 2007 and not from 2002, by virtue of a 2007 government notification specifying that medical institutions would...
Section 202(1) CrPC - Magistrate Has To Examine Witnesses Named In The Complaint Before Dismissing The Complaint U/Sec 203 CrPC : Supreme Court
The Supreme Court observed that a Magistrate (who had opted to hold inquiry himself under Section 202(1) CrPC) has to consider the statements of the complainant and his witnesses before dismissing the complaint under Section 203 CrPC.In this case, a complaint was filed before the Magistrate against an accused alleging offences punishable under Sections 323, 342, 500, 504, 506, 295-A, 298, 427...
Supreme Court Stays Conviction Of Congress Leader Rahul Gandhi In 'Modi-Thieves' Defamation Case Which Disqualified Him As MP
The Supreme Court on Friday stayed the conviction of Congress leader and former Member of Parliament (MP) Rahul Gandhi in the criminal defamation case over the "why all thieves have Modi surname" remark. With the stay of his conviction, Rahul Gandhi's disqualification as MP also now remains in abeyance.The Court observed in the order as follows :"The sentence for an offence punishable...
Prevention Of Corruption Act - HC Cannot Reverse Special Court Findings On Validity Of Sanction Unless It Finds That Failure Of Justice Had Occurred: Supreme Court
The Supreme Court observed that the High Court cannot reverse the findings recorded by the Special Court in Corruption Cases on the validity of sanction, without recording any opinion as to how a failure of justice had in fact been occasioned to the accused.In this case, the Karnataka High Court allowed a petition by discharging the accused from the offences charged under Section 13(1) (e)...
'Hindi Being National Language, Witnesses From Bengal Expected To Speak It' : Supreme Court Refuses To Transfer MACT Case From UP
The Supreme Court observed that it is not mandatory for the claimants to lodge an application for compensation under Section 166 of the Motor Vehicles Act before the MACT having jurisdiction over the area where the accident occurred.Claimants can approach the MACT within the local limits of whose jurisdiction they reside or carry on business or the defendant resides, Justice Dipankar Datta...
School Jobs For Cash Scam: Supreme Court Stays HC Order Allowing CBI, ED Probe Against TMC MLA Manik Bhattacharya
The Supreme Court on Thursday stayed two orders of the Calcutta High Court that had directed a fresh probe by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) against Trinamool Congress MLA Manik Bhattacharya, former director of the West Bengal Board of Primary Education, in connection with the teacher's appointment scam.A Division Bench of Justice AS Bopanna...
Kuno Cheetah Deaths| Mortalities Troubling But Not ‘Unduly Alarming’: Centre To Supreme Court
In the wake of recent deaths of Cheetahs translocated to Madhya Pradesh’s Kuno National Park from the African continent, the Centre has informed the Supreme Court than even though the mortalities among the introduced cheetah population are troubling, they are not ‘unduly alarming’. As per media reports, another cheetah has died in the Kuno national park this week, taking the number...
Supreme Court Dismisses Judicial Officer's Challenge Against Denial Of Promotion On Ground Of "Below Average" Judgments
The Supreme Court recently dismissed a petition filed by a judicial officer challenging the decision of the Punjab & Haryana High Court to deny him promotion as Additional District & Sessions Judge. The six-member Committee of Judges of the High Court had denied him promotion saying that his judgments were “below average”. The officer challenged the decision on the judicial side...