Supreme court
Electoral Bonds Case : Petitioner Seeks Reference To Constitution Bench; Supreme Court To Hear In January 2023
The Supreme Court on Thursday adjourned till the last week of January 2023 the hearing in the cases challenging the Electoral Bonds scheme.Advocate Prashant Bhushan, appearing for one of the petitioners Association for Democratic Reforms, submitted before a bench comprising Justices BR Gavai and Vikram Nath, that the matter should be referred to a Constitution Bench as "weighty issues of...
Supreme Court Grants Bail To A Life Convict In Godhra Train Burning Case, Considering Completion Of 17 Yrs Sentence & Role In Crime
The Supreme Court on Thursday granted bail to a convict named Farook, sentenced to life in the Godhra carnage case, considering the fact that he has undergone 17 years sentence and that his role was of stone-pelting at the train.A bench comprising Chief Justice of India DY Chandrachud and Justice PS Narasimha passed the order in an interlocutory application filed by him in the appeal pending...
Questions & Answers By Justice V. Ramkumar- Investigation By Police- PART XIV
Q.66 What is meant by "charge- sheet" or "final report" or "challan" ? Ans. These expressions are neither defined nor used in the Cr.P.C., but they are understood as such in the Police Manuals of several States. In certain rules or regulations a report filed by the Police under Section 170 Cr.P.C. when there is sufficient materials collected for placing the accused on trial,...
Supreme Court Asks West Bengal Govt To Approach HC For Permission To Register FIR Against Suvendu Adhikari In Burdwan Stampede Case
The Supreme Court on Thursday refused to entertain a petition mentioned by the government of West Bengal seeking liberty for the registration of an FIR against the current leader of the Opposition in West Bengal, Suvendu Adhikari, in relation to a stampede at a blanket distribution event in Bengal's West Burdwan district. The State approached the Supreme Court saying that the Calcutta High...
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Direct Evidence Of Bribe Demand Not Necessary To Convict Public Servant Under Prevention Of Corruption Act : Supreme Court CB
In an important ruling, the Supreme Court on Thursday held that direct evidence of demand or acceptance of bribe is not necessary to convict a public servant under the Prevention of Corruption Act and that the such fact can be proved through circumstantial evidence.Even if the direct evidence of the complainant is not available, owing to death or other reasons, or the complainant turning...
Supreme Court Seeks Suggestions On Preventing Attacks Against Forest Officers
The Supreme Court on Wednesday sought a comprehensive report from Central Empowered Committee giving suggestions for preventing incidents where forest officers are attacked while discharging their duties.A bench comprising of Justices B. R. Gavai and Vikram Nath was hearing an application filed by Senior Advocate A. D. N. Rao, Amicus Curiae in the matter(TN Godavarman Thirumalpad vs Union...
Section 313 CrPC Not Empty Formality, Circumstances Must Be Explained To Accused : Supreme Court
The Supreme Court observed that while questioning an accused under Section 313 CrPC, he must be explained the circumstances appearing in the evidence against him."If the accused is not explained the important circumstances appearing against him in the evidence on which his conviction is sought to be based, the accused will not be in a position to explain the said circumstances brought on...
Courts Cannot Suo Motu Grant Refund Of Earnest Money If It Is Not Specifically Prayed For In Specific Performance Suit : Supreme Court
The Supreme Court observed that, in a specific performance suit, the Courts cannot suo motu grant relief of refund of earnest money if it is not specifically prayed for.Unless a plaintiff specifically seeks the refund of the earnest money at the time of filing of the suit or by way of amendment, no such relief can be granted to him, the bench of Justices Surya Kant and Bela M. Trivedi...
Supreme Court Allows Request Of Goa Govt To Resume Mine Dumping Activities
The Supreme Court on Tuesday approved an application filed by the Government of Goa to carry out mine dumping activities in the state, subject to the condition that the recommendations given by an expert committee constituted earlier by the top court were followed. This decision by a Division Bench comprising Justices B.R. Gavai and Vikram Nath comes as a major relief to the state...
'Heavens Will Fall' : Supreme Court Asks Centre How Business Friendly Environment Is Created When Arbitration Proceedings Are Delayed
The Supreme Court on Wednesday expressed anguish at the attempt made by the Union Government to delay an international arbitration proceedings initiated by the Reliance Industries and asked if this is the way to create a business friendly environment.Senior Advocate Harish Salve, appearing for the Reliance Industries, mentioned the matter before the Chief Justice of India DY Chandrachud the...