Supreme court
Four Months Time Limit U/Sec 19 PC Act To Decide A 'Sanction Request' Mandatory ; But Criminal Proceedings Cannot Be Quashed For Delay : Supreme Court
The Supreme Court held that, the period of three months (extendable by one more month for legal consultation) under Section 19 of the Prevention of Corruption Act for the Appointing Authority to decide upon a request for sanction is mandatory.However, the consequence of non-compliance with this mandatory requirement shall not be quashing of the criminal proceeding for that very reason, the...
Section 204 CrPC - Magistrate's Order Of Issuance Of Process Liable To Be Set Aside If No Reasons Are Given: Supreme Court
The Supreme Court observed that an order of issuance of process is liable to be set aside if no reasons are given while coming to the conclusion that there is a prima facie case against the accused.The court made this observation while setting aside a summoning order of a magistrate in a complaint filed under Drugs & Cosmetics Act, 1940."The Magistrate is required...
"Nobody Will Invest In UP If Decades Are Taken For Commercial Disputes" : Supreme Court Asks State Govt & Allahabad HC To Resolve Pendency Issue
The Supreme Court on Tuesday expressed that let there be a meeting between the Chief Justice of the Allahabad High Court and the members of the infrastructure committee of the High Court and the recruitment committee of the High Court with the Chief secretary, Finance Secretary, Law Secretary and Revenue Secretary of the State of UP within a period of one week to discuss the issues with...
Centre Splits Up Collegium Resolution, Withholds Approval For Justice Muralidhar's Transfer As Madras HC Chief Justice
The Central government today approved three recommendations made by the Supreme Court Collegium on September 28 for appointment of Chief Justices at the High Courts of Karnataka, Rajasthan and Jammu and Kashmir.However, it has held back on a recommendation related to transfer of Justice Dr S. Muralidhar, presently serving as the Chief Justice of Orissa High Court, to the Madras High...
Writ Of Quo Warranto Can Be Issued Where An Appointment Has Not Been Made In Accordance With Law : Supreme Court
The Supreme Court observed that a writ of quo warranto can be issued where an appointment has not been made in accordance with the law.The bench of Justices DY Chandrachud and Hima Kohli observed thus while dismissing the appeals filed by the State of West Bengal and Sonali Chakravarti Banerjee challenging the order of the Calcutta High Court which had set aside the decision of the State...
Challenge Against Excommunication Among Dawoodi Bohras: Supreme Court Reserves Order On Reference To Larger Bench
A Constitution Bench of the Supreme Court on Tuesday reserved its order on whether to refer to larger bench a petition pending from 1986 challenging the validity of the practice of excommunication among the Dawoodi Bohras.The 5-judge bench will decide on whether to refer the issue to the 9-judge bench in the Sabarimala review case which is considering the larger issues relating to...
BREAKING| Supreme Court Dismisses ED's Plea Challenging Bail Granted To Anil Deshmukh
The Supreme Court on Tuesday dismissed the petition filed by the Enforcement Directorate challenging the Bombay High Court's order granting bail to NCP leader and former Maharashtra Home Minister Anil Deshmukh in a PMLA case. A bench comprising Justices DY Chandrachud and Hima Kohli however clarified that the observations made by the High Court will not influence the trial and are only...
Supreme Court To Consider Plea Seeking Shelters For Homeless Citizens On November 29
The Supreme Court bench comprising Chief Justice UU Lalit, Justice Ravindra Bhat and Justice Bela M. Trivedi heard a Public Interest Litigation seeking a mechanism to ensure shelters for homeless citizens on Tuesday.At the outset, the CJI remarked that there had been considerable improvement in the issue since 2003 and night shelters had been put up at different places across the...
Centre Keen On Pursuing Curative Petition To Reopen Bhopal Gas Tragedy Case Settlement : AG Tells Supreme Court
The Attorney-General for India, R. Venkataramani on Tuesday informed a Constitution Bench of the Supreme Court that the Central Government was "keen" to pursue the curative petition filed against Union Carbide Corporation (now Dow Chemicals) seeking additional compensation to the victims of the Bhopal Gas tragedy. In 2010, the Government of India had filed a curative petition praying...
Supreme Court Seeks ED's Reponse On Satyender Jain's Plea Challenging Transfer Of His Bail Plea To Another Judge
The Supreme Court today issued notice to the Enforcement Directorate on a plea filed by Delhi Minister Satyendra Jain assailing the order of the Delhi High Court which upheld the transfer of his bail plea to another court.A bench comprising of Justices M. R. Shah and Krishna Murari sought response from the Enforcement Directorate to be filed by 19th October and listed the matter for...
Palghar Lynching- No Objection To Transfer Of Probe To CBI, Maharashtra Govt Tells Supreme Court
The Maharashtra Government has told the Supreme Court that it has no objection to handing over the 2020 Palghar lynching case to the CBI. Two Hindu seers namely, Maharaj Kalpavriksha Giri @ Chikna Baba and Shri Sushil Giri Maharaj were lynched to death by a frenzied mob in April 2020 in Palghar. The two seers were travelling from Mumbai to Surat when their car was stopped by a mob...