Supreme court
Questions & Answers By Justice V. Ramkumar- Investigation By Police- PART XXV
Q.121 When does trial start in a “warrant case” and a “sessions case”?Ans.· The following are the provisions in the Cr.P.C. pertaining to the framing of charge in warrant and sessions trial:-Warrant - Sec. 240 (police charge case)- Sec. 246 (complaint case)Sessions - Sec. 228· In paragraph 28 of Ratilal Bhanji Mithani v. State of Maharashtra – (1979) 2 SCC 179 = AIR 1979 SC...
Supreme Court Disapproves Allahabad HC Dismissing Several Bail Applications On Same Day For Default
The Supreme Court disapproved the dismissal of about 50 bail applications for default/non-prosecution in a single day by Allahabad High Court.The bench of Justice Ajay Rastogi and Bela M. Trivedi was disposing a plea challenging the High Court's order which dismissed a anticipatory bail application for non-prosecution.During the last hearing, it had sought a report from the Registrar of the...
Religion Important Only When It Is Relevant Under Law, Otherwise India Secular Nation: Supreme Court
The Supreme Court on Friday said that religion is important in our country only when its relevant under the law, otherwise for all purposes India is a secular country. “Religion is important when it is important. How? When it is relevant under the law. Otherwise, we have a secular nation, everything we do, we have to imbibe that spirit. Both citizens and the state”, a bench...
Order XLI Rule 5 CPC - Mere Filing Of Appeal Would Not Operate As A Stay Of Decree : Supreme Court
The Supreme Court observed that mere filing of the appeal would not operate as a stay under Order XLI Rule 5 of Code of Civil Procedure.In this case, the petitioner had approached the Patna High Court seeking a direction to the District Magistrate to grant ‘No Objection Certificate’ (NOC) for starting MS/HSD retail outlet dealership over land. The High Court dismissed the petition on...
‘More Diversity In Judiciary Will Ensure More Neutrality’: Advocate Shahrukh Alam
Weighing in on the issue of diversity in the Indian judiciary, Supreme Court lawyer-cum-activist Shahrukh Alam said that by bringing in more people from the margins of society to occupy seats of power in the courts, the elements of subjective assessment that inform the process of adjudication would be more neutral. “Apart from judicial reasoning, which is only a part of the...
Petitioner In PIL On Religious Conversions Seeks Recall Of SC Order Which Removed His Name From Case-title
Advocate, Mr. Ashwini Kumar Upadhyay has, recently, filed an application before the Supreme Court seeking recall of its order which directed change in the title of the case pertaining to religious conversion. The application beseeches the Apex Court to grant the following relief -“...the Court may be pleased to delete the first para of the order dated 09.01.2023 [The Present petition be...
Plea In Supreme Court Seeks Declaration That Citizens Have Fundamental Right To Directly Petition The Parliament
On Friday, the Supreme Court directed that a copy of the public interest litigation seeking to declare that citizens have a fundamental right to directly petition the Parliament and invite deliberation on important issues of public interest, be served to the Centre. A Bench of Justices KM Joseph and BV Nagarathna observed that it did not want to issue notice in the plea at this point...
Without Independent And Fearless Judges, India Will Enter A Dark Age : Former SC Judge Justice RF Nariman
Without independent and fearless judges the judiciary would fall and India would enter a new dark age, retired Justice Rohinton Nariman said at a lecture in Mumbai on Friday. "If you don't have independent and fearless judges, say good bye. There is nothing left. As a matter of fact, according to me, if finally, this bastion falls, or were to fall, we will enter the abyss of a...
Sitting On Names Recommended By Collegium Deadly, Against Democracy: Retired Justice RF Nariman Says SC Should Set Strict Deadline For Collegium Resolutions
The Supreme Court of India should constitute a five-judges bench to tie all loose ends of the Memorandum of Procedure for the appointment of Judges, and lay down a strict deadline for the government to respond to the collegium resolutions or else it should be taken that the government has nothing to say, and appointments should be done, Justice (Retd) Rohinton Nariman said on...
Mhadei River Dispute : Supreme Court Agrees To List Before February 13
The Supreme Court on Friday agreed to list an application filed by State of Goa challenging the Central Water Commission's (CWC) approval of the Karnataka government’s detailed project report (DPR) for the construction of dams on Mhadei river which will lead to diversion of Mhadei river water into Karnataka. The matter was mentioned by Senior Advocate Venkatesh Dhond before a bench...
Supreme Court Directs Defaulting States/UTs To Upload Information About Mental Health Facilities In Centre's Online Portal
The Supreme Court, while hearing a petition seeking rehabilitation of thousands of mentally ill patients who are languishing in hospitals or mental asylums, directed five States/Union Territories to upload information concerning mental health facilities in the online dashboard created by the Ministry of Social Justice and Empowerment. The matter was listed before a bench comprising Chief...