Adult Female Member Of Family Not Competent To Accept Summons? Supreme Court Issues Notice On Plea Challenging Section 64 CrPC

The Supreme Court of India issued notice to the Central Government in a plea challenging Section 64 of the Code of Criminal Procedure on the ground that the said section discriminated against women by treating female members of a family incapable of accepting summons on behalf of the person summoned. The matter was heard by a bench comprising Chief Justice DY Chandrachud and Justice Hima...

Morbi Bridge Collapse : Supreme Court Allows Petitioners Seeking Independent Probe To Raise Issues Before Gujarat High Court

Taking note of the fact that the Gujarat High Court has already taken suo motu cognisance of the Morbi bridge collapse which took place on October 30 leaving 141 people dead, the Supreme Court on Monday refused to entertain two petitions which sought for independent probe into the tragedy.The Court however granted liberty to the petitioners to approach the High Court to raise their issues,...

Questions & Answers By Justice V. Ramkumar- Investigation By Police-PART VII

A1. INVESTIGATION BY THE POLICE – Part VIIQ.31 Should the Magistrate to whom the FIR is forwarded by the SHO under Section 157 Cr.P.C., bound to note the date and time of receipt of the FIR ? Ans. Yes, particularly in heinous crimes like murder etc. (Vide para 8 of Bijoy Singh v. State of Bihar (2002) 9 SCC 147 = AIR 2002 SC 1949 – R. P. Sethi, D. M. Dharmadhikari - JJ).Q.32 ...

Presumption Under Section 139 NI Act Includes A Presumption That There Exists A Legally Enforceable Debt Or Liability : Supreme Court

The Supreme Court reiterated that the presumption under Section 139 of Negotiable Instruments Act includes a presumption that there exists a legally enforceable debt or liability.In this case, the Trial Court dismissed a cheque bounce complaint on the ground that the complainant was not able to adduce sufficient evidence that he was in a position to advance a loan of Rs. 9 lakhs to the...

Bench Of CJI Chandrachud, Justices Ajay Rastogi & Ravindra Bhat To Hear Chhattisgarh NAN Scam Matter

Amid objections raised regarding the listing of the Chhattisgarh NAN Scam matter before Justice MR Shah, Chief Justice of India DY Chandrachud on Monday said that a bench comprising himself, Justice Ajay Rastogi and Justice S Ravindra Bhat will hear the matter.The State of Chhattisgarh had taken objection to the matter getting listed before a bench presided by Justice MR Shah after the...

Neutral Substance Quantity Cannot Be Ignored While Labelling Contraband Recovered As 'Small' Or 'Commercial' Quantity : Supreme Court

The Supreme Court reiterated that neutral substance quantity cannot be ignored while labelling the quantity of contraband recovered as 'small quantity' or 'commercial quantity'.In this case, the Kerala High Court (in the impugned judgment that was delivered in 2007) had relied on its earlier judgment in E. Micheal Raj V. Intelligence Officer, Narcotic Control Bureau 2005(2) Crimes 181...

'Discretion' Has No Place In Contractual Matters Unless It Is Expressely Incorporated In Contract : Supreme Court

The Supreme Court observed that discretion has no place in contractual matters unless the parties have expressly incorporated it as a part of the contract."The rights and duties of the parties to the contract subsist or perish in terms of the contract itself. Even if a party to the contract is a governmental authority, there is no place for discretion vested in the officers administering...

Supreme Court Weekly Round-Up: November 14 To November 20, 2022

JUDGMENTS THIS WEEK Section 439(2) CrPC - Bail Cannot Be Cancelled Merely For Any Perceived Indiscipline By Accused Before Granting Bail : Supreme Court Bhuri Bai vs State of Madhya Pradesh | 2022 LiveLaw (SC) 956 | CrA 1972 of 2022 The Supreme Court observed that cancellation of bail cannot be ordered merely for any perceived indiscipline on the part of the accused before...

Supreme Court Complete Quarterly Digest-All Subjects- (July- September, 2022) (Citations 560 - 814)

Administrative Law - Administrative/executive orders or circulars, as the case may be, in the absence of any legislative competence cannot be made applicable with retrospective effect. Only law could be made retrospectively if it was expressly provided by the Legislature in the Statute. (Para 30) Bharat Sanchar Nigam Ltd. v. Tata Communications Ltd., 2022 LiveLaw (SC)...

District Judges Reluctant To Grant Bail Due To Fear Of Being Targeted : CJI DY Chandrachud

The Chief Justice of India Dr. D. Y. Chandrachud spoke about the important role that the District Judiciary plays in the Judicial System. Speaking at the felicitation function organized by the Bar Council of India on Saturday, the Chief Justice of India highlighted that there should be a sense of equality between the District Judiciary and the High Court as well as the Supreme...

Execution Petitions Must Be Disposed Of Within Six Months ; Courts Must Record Reasons If Unable To : Supreme Court

The Supreme Court reiterated that the execution petitions must be disposed within six months from the date of filing.The Execution Court is duty bound to record reasons in writing when it is unable to dispose of the matter, the bench of Justices KM Joseph and Hrishikesh Roy said.In this case, the decree holder approached the Punjab and Haryana High Court challenging an order of the...

Junior Lawyers are Not Slaves, Pay Them Decent Salaries; Legal Profession Should Not Be An "Old Boys' Club" : CJI DY Chandrachud

The Chief Justice of India on Saturday issued an urgent call to action to senior members of the bar to remunerate their juniors fairly in order to enable them to live a life of dignity. "How many seniors pay their juniors decent salaries?", exclaimed Justice Chandrachud, "Some young lawyers do not even have chambers where they are paid money." He pondered, "If you are staying in Delhi,...