Supreme court
Sec 482 CrPC | Pendency Of Suit Concealed, Cloak Of Criminal Offence Given To Civil Dispute : Supreme Court Quashes Criminal Proceedings
The Supreme Court has held that criminal proceedings can be quashed in exercise of powers under Section 482 CrPC when it is found that the attempt was to give a "cloak of criminal offence" to a dispute which is essentially of civil nature.The Court quashed the criminal proceedings after noting that the application filed under Section 156(3), Cr.P.C did not satisfy the essential ingredients...
'Serious Matter': Supreme Court To Hear Rajkot COVID Hospital Fire Case In Second Week Of March
The Supreme Court on Monday adjourned the hearing of the suo moto case regarding the fire in Rajkot, Gujarat on 26.11.2020 which had resulted in the death of Covid patients in Hospital to the second week of March. The matter was listed before a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala.Advocate Aparna Bhat, appearing for some victims,...
Supreme Court Asked Mizoram And Manipur To Consider Desirability Of Amending Recruitment Rules for State Pollution Control Boards
The Supreme Court, on Monday, closed the contempt petitions seeking implementation of a 2017 order of the Supreme Court directing all the State Governments to frame appropriate recruitment rules for Chairperson, Member Secretary and Members of the State Pollution Control Boards (SPCBs) in terms of the reports of various committees and authorities (Bhattacharia Committee, Belliappa...
Supreme Court Seeks TN Govt Response On Extending Exemption From Compulsory Tamil Subject For Linguistic Minority Schools
In a plea challenging the order of the Madras High Court, that refused to quash the Government Order of 2014, which made Tamil paper compulsory in Class 10 State Board exam for all students, the Supreme Court, on Monday, granted opportunity to the Sr. Counsel representing the State of Tamil Nadu to get instructions with respect to extension of exemption that was initially made available for...
Supreme Court Asks Meghalaya HC To Defer Hearing Of Petition Challenging Assam-Meghalaya Border Pact
Supreme Court bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala on Monday directed the Meghalaya High Court to defer the hearing of the writ petition concerning the execution of the Assam–Meghalaya border pact till the matter remained pending in the Supreme Court.Earlier, the Apex Court had stayed the order of Meghalaya High Court which had put...
Supreme Court Issues Notice On Plea Challenging Appointment Of Police Officers As Public Prosecutors In Jammu & Kashmir
The Supreme Court on Monday issued notice in a petition challenging the appointment of police officers as public prosecutors in the Union Territory of Jammu & Kashmir.The bench of Justices MR Shah and CT Ravikumar sought the responses of the Centre and J&K administration after hearing the matter briefly today. The case will come up next on March 20. The petition filed by Amit...
Supreme Court Directs Tamil Nadu To File Status Report On Appointment of Trustee Committees For Temples
The Supreme Court on Monday directed the State of Tamil Nadu to file a report before the court within four weeks time pointing out the status of appointment of trustee committees for the temples in the state as per the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. The bench of Justices AS Bopanna and Hima Kohli passed the above order while hearing a Special Leave...
Supreme Court Refuses To Entertain Plea Seeking Compulsory Labelling On Fortified Rice Sacks
The Supreme Court, on Monday, refused to entertain plea seeking compliance of Clause 7(4) of the Food Safety and Standards (Fortification of Foods) Regulations, 2018 to carry out mandated labelling on fortified rice sacks for the benefit of those (including sickle cell disease and thalassemia patients) who are contraindicated to consume the same.On the last date of hearing, a Bench...
Supreme Court Issues Notice On Bail Applications Of Godhra Train Burning Case Convicts
The Supreme Court on Monday issued notice on the bail application of convicts in the 2002 Godhra train burning case. The matter was listed before a bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala. The bench had earlier asked the State of Gujarat to specify the individual roles of the convicts, based on which their applications for bail...
'Secular In 75 Years Of Functioning' : Muslim League Tells Supreme Court Opposing Plea To Ban Political Parties With Religious Names
The Indian Union Muslim League (IUML) has filed its counter affidavit in a plea seeking ban on political parties which use names and symbols with religious connotations. IUML has given a six point response to the petition and has prayed that the petition should be dismissed in limine.The six point response by IUML through its counter affidavit are as follows:1. Non Joinder of Necessary Parties...
Matrimony Based On Mutual Love And Affection; Not On Terms And Conditions: Supreme Court
“Matrimony is based on mutual love and affection and not on terms and conditions”, the Supreme Court of India orally observed on Monday. A Bench of Justices MR Shah and CT Ravikumar made this comment while hearing a plea pertaining to a marital dispute between a husband-wife duo. During the hearing today, the advocates for both the parties informed that that they were interested...
Every Breach Of Promise To Marry Is Not 'Rape' : Supreme Court Acquits Man Sentenced To 10 Years Imprisonment
The Supreme Court observed that it would be a folly to treat every breach of promise to marry as a false promise and to prosecute a person for the offence of rape under Section 376 IPC.One cannot deny a possibility that the accused might have given a promise with all seriousness to marry her, and subsequently might have encountered certain circumstances unforeseen by him or the...