Two Orders In Same Case; Different Version Uploaded On Website: Supreme Court Asks Madras HC To Take Corrective Measures

In a strange case where the order uploaded in the website of the Madras High Court was found to be different from the order which was initially pronounced, the Supreme Court has asked the High Court to take necessary corrective measures.In September 2022, when this discrepancy was brought to notice, the Supreme Court had called for a report from the Madras High Court Registry, after terming...

If Last Day Of Limitation For Appeal To NGT Falls On A Holiday, Can Appeal Be Filed On Next Working Day? Supreme Court To Consider

The Supreme Court on Friday(January 27) deliberated upon the interpretation of Section 16 of the NGT Act insofar as the period of limitation in filing an appeal was concerned. The question that arose before the bench comprising Chief Justice DY Chandrachud and Justice Dipankar Datta was that if the last date of limitation for filing an appeal in NGT was a public holiday, what would happen....

'What If There Is No Basic Structure Doctrine?' : Ex-Judge Deepak Gupta Cites Example Of Hitler Using Majority To Pass Amendments

While delivering the guest lecture at 2nd BR Ambedkar Memorial Lecture 2023 organised by Hidayatullah National Law University, Justice Deepak Gupta, former Judge of the Supreme Court said that the government wants to pack the courts with men and women who will toe their line and those who will not be critical of them and will uphold every action of them.Delivering his lecture on the topic...

Supreme Court On Corruption (2022)

Prevention of Corruption Act, 1988 - Constitution Bench answers reference on whether circumstantial evidence can be used to prove demand of illegal gratification- In the absence of evidence of the complainant (direct/primary, oral/documentary evidence) it is permissible to draw an inferential deduction of culpability/guilt of a public servant under Section 7 and Section 13(1)(d) read...

There Are 2967 Tigers Spread In 53 Tiger Reserves As Per 2018 Census: Centre Tells Supreme Court

The Centre informed the Supreme Court on Friday that there are 2967 tigers spread in 53 tiger reserves overall in the country as per a 2018 census. This number even constitutes 70% of the world tiger population and figures continue to grow, a Bench of Justices KM Joseph and BV Nagarathna was told. The Court was hearing a plea aiming to relocate human settlements from reserve forests...

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...