Supreme court
No One Can Be Penalised For Holding An Opinion Not In Confirmity With Constitutional Values: Supreme Court
No one can either be taxed or penalised for holding an opinion which is not in conformity with the constitutional values, the Supreme Court remarked in its judgment delivered today.The Constitution Bench (majority 4:1) observed thus while holding that a mere statement made by a Minister, inconsistent with the fundamental rights of a citizen under Part ÂIII of the...
Mere Dispute On Monetary Demand Does Not Attract Offence Of Criminal Breach Of Trust U/S 405 IPC : Supreme Court
The Supreme Court observed that a mere dispute on monetary demand does not attract the offence of criminal breach of trust under Section 405 IPC. In this case, the complainant had alleged that “a forged demand of Rs. 6,37,252.16p had been raised by the accused JIPL". Though complainant had invoked Sections 405, 420, 471, and 120B of the IPC, the Magistrate issued summons only under Section...
Prime Minister/Chief Minister Does Not Have Disciplinary Control Over Other Ministers: Supreme Court
The Supreme Court observed that a Prime Minister or the Chief Minister does not have disciplinary control over the members of the Council of Ministers.The Constitution Bench made this observation while holding that a statement made by a Minister, even if traceable to any affairs of the State or for protecting the Government, cannot be attributed vicariously to the ...
1984 Anti-Sikh Riots : Supreme Court Seeks CBI’s Response To Former Congress Councillor Balwan Khokhar's Plea To Suspend Sentence
The Supreme Court, on Tuesday, issued notice in an application filed by former Congress Councillor, Balwan Khokhar, one of the convicts in 1984 anti-Sikh riots case, seeking suspension of his sentence.As Advocate, Mr. Rakesh Dahiya, appearing on behalf of Khokhar apprised a Bench comprising Justice S.K. Kaul and Justice A.S. Oka that the petitioner has undergone more than 5 years of...
Important Judgments Of Madras High Court 2022
LiveLaw reported 525 judgements from Madras High Court in 2022. Here are some of the important decisions:'Right To Relax Can't Be Curbed Fearing Breach Of Morality': Madras HC Disagrees With Another Bench's Direction To Install CCTVs In SpasCase Title: Payel Biswas v. The Commissioner of Police, Trichy City & Ors.Citation: 2022 LiveLaw (Mad) 3While considering a writ petition filed...
Can NTPC Prescribe Condition That Aspirants Of Law Officer Post Should Clear CLAT-PG? Supreme Court To Consider
The Supreme Court on Tuesday issued notice in a plea seeking to declare the condition mandating applicants to clear CLAT for applying to the post of Assistant Law Officer in National Thermal Power Corporation Limited (NTPC) as unlawful, illegal and ultra vires the Constitution.A bench of Justices B R Gavai and Vikram Nath was hearing a Special Leave Petition filed by the petitioner...
Best of 2022- 17 Important Supreme Court Judgments on Anticipatory Bail
Supreme Court sets aside HC direction to give '72 hours notice' to an accused if state intends to arrest him. Vijaykumar Gopichand Ramchandani v. Amar Sadhuram Mulchandani, 2022 LiveLaw (SC) 1010ISRO Espionage Case: Supreme Court sets aside Kerala HC order granting anticipatory bail to accused, Asks HC to take fresh decision. CBI v. Siby Mathew, 2022 LiveLaw (SC) 1005'Anticipatory...
Magistrate Must Examine If Complaint Constitutes Only A Civil Wrong Before Summoning Accused : Supreme Court
The Supreme Court observed that a summoning order under Section 204 CrPC should not be passed lightly or as a matter of course."When the violation of law alleged is clearly debatable and doubtful, either on account of paucity and lack of clarity of facts, or on application of law to the facts, the Magistrate must ensure clarification of the ambiguities", the bench of Justices Sanjiv Khanna and...
Cinema Theatres Can Prohibit Viewers From Bringing Food Articles From Outside : Supreme Court
Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha stated that a cinema hall owner could prohibit movie-goers from carrying their own food and beverages inside cinema halls. The Court observed that such a prohibition is "not unfair, unreasonable or unconscionable"."The condition of entry is imposed as a direct result of the exercise of the right of cinema...
Ministers' Statements In Official Capacity Cannot Be Vicariously Attributed To Govt : Supreme Court; Justice Nagarathna Dissents
A Constitution Bench of the Supreme Court has ruled by 4:1 majority that the statements made by a minister in official capacity are not vicariously attributable to the government.One among the questions considered by the bench was this : Can a statement made by minister traceable to any affairs of the state or for the protection of the government be attributed vicariously to the...
Former IPS Officer Sanjiv Bhat Seeks Recusal Of Justice MR Shah In Case Before Supreme Court
Former IPS officer Sanjiv Bhatt has filed an application seeking the recusal of Justice MR Shah from hearing his plea seeking to defer the hearing before the Gujarat High Court against conviction till the plea to adduce additional evidence is decided.The application stated that the subject matter of the present plea was earlier decided by Justice Shah when he was a judge of the Gujarat...
"All Conversions Can't Be Said To Be Illegal' : Supreme Court Refuses To Stay MP HC Order Against Declaration Before DM To Change Religion
The Supreme Court on Tuesday issued notice on the special leave petition filed by the State of Madhya Pradesh against the High Court restraining the government from taking coercive action against any person who contravenes Section 10 of the Madhya Pradesh Freedom of Religion Act, 2021 which requires a person desiring to convert religion to give a declaration in this regard to the...