Supreme court
SC Orders Are To Be Given Effect In Letter & Spirit ; Cannot Be Treated As Paper Orders: Supreme Court
The Supreme Court observed that its orders has to be given effect in letter and spirit and cannot be permitted to be treated as a paper order.In this case, the Supreme Court, in an order passed in 2016, directed that, in the event the defendant fails to pay the arrears, the evidence filed in the case shall be struck off and the Court shall proceed in the matter and decide the case. Though...
Supreme Court Refuses To Entertain PIL Seeking Uniformity In Filing Process & Nomenclatures Across All High Courts
The Supreme Court, on Thursday, refused to entertain a Public Interest Litigation filed by lawyer Ashwini Upadhyay seeking directions to High Courts to take appropriate steps to adopt a "Uniform Judicial Code". The matter was heard by bench comprising Chief Justice U.U. Lalit and Justice Ravindra Bhat and was dismissed as withdrawn.The petition sought directions for a uniformity in procedure...
Magistrate Cannot Make Observations Regarding Rights Of Parties On Property While Dropping Proceedings U/Sec 145 CrPC : Supreme Court
While dropping the proceedings under Section 145 CrPC because of the pendency of civil litigations, a Magistrate cannot make any observations or return any findings as regards rights of the parties qua the property in question, the Supreme Court observed.Section 145 deals with the power of an Executive Magistrate in cases where dispute concerning land or water is likely to cause breach of...
Supreme Court Directs MHA To Obtain Verification Reports From 8 States On Allegations Of Violence Against Christians
In a plea seeking directions to stop attacks against Christian priests and Christian institutions across the country, the Supreme Court, on Thursday, directed the Union Ministry of Home Affairs to obtain verification reports from 8 states, namely, Bihar, Haryana, Chhattisgarh, Jharkhand, Odisha, Karnataka, Madhya Pradesh and Uttar Pradesh on the steps taken by their respective...
"No Supporting Documents Produced" : Supreme Court On PIL Against State Control Of Temples
The Supreme Court, on Thursday, while hearing a PIL seeking to declare that Hindus, Buddhists, Jains and Sikhs have similar rights to administer their religious places without State interference like Muslims, Parsis and Christians, orally remarked that the petition was not supported by any material. A bench comprising Chief Justice U.U. Lalit and Justice Ravindra Bhat was hearing a petition...
Teesta Setalvad's Plea : FIR Doesn't Say Anything More Than SC Judgment, Why HC Listed Bail After 6 Weeks? Supreme Court To Gujarat Police
The Supreme Court on Thursday posed several questions to the State of Gujarat regarding the case against social activist Teesta Setalvad, who is under custody since June 25 over alleged fabrication of documents to file cases in relation to 2002 Gujarat riots.A bench led by Chief Justice of India UU Lalit at one point of the hearing even indicated that it will grant interim bail to Teesta...
Equality Not Achieved With Decriminalizing Homosexuality Alone; Must Extend To Home, Workplace & Public Places: Justice DY Chandrachud
Speaking at a public address on LGBTQ+ rights, Supreme Court Judge, Justice D.Y. Chandrachud emphasized that equality is not achieved with the decriminalization of homosexuality alone but must extend to "all spheres of life" including the home, workplace, and public places.Adding that the presence of queer individuals in public spaces must be the norm rather than the exception, the Judge...
Inter-Caste Marriage : Supreme Court Quashes Non-Bailable Warrants Issued Against Dalit Man In A Case Alleging Abduction Of Wife
The Supreme Court last week granted pre-arrest bail and quashed non-bailable warrants issued against a man belonging to the Dalit community, who was accused of kidnapping and forcibly marrying an upper caste woman.Coming to the aid of the man, a Division Bench comprising of Justices Surya Kant and Abhay S Oka observed, "In our considered view, subject to the petitioner joining and...
Recovery From Accused Must Be Established To Raise Presumption U/Sec 54 NDPS Act : Supreme Court
The Supreme Court observed that to raise a presumption under Section 54 of NDPS Act, it must first be established that a recovery was made from the accused.The bench of Justices Indira Banerjee and V. Ramasubramanian observed thus while allowing an appeal filed by an accused who was concurrently convicted under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic...
"Justice Indu Malhotra Is Misled, Should Have Verified Facts" : Justice KT Thomas On Her Comments Of Communist Govts Taking Over Temples
Former Supreme Court judge Justice KT Thomas has criticized former Supreme Court judge Justice Indu Malhotra over her allegation that Communist governments are taking over Hindu temples.In an interview given to Malayalam daily Mathrubhumi, Justice Thomas said that Justice Malhotra might have been misled by somebody and that she should have verified facts before making public comments."I won't...
Supreme Court Half Yearly Digest 2022 (Jan - Jun) Insolvency and Bankruptcy Code, 2016
Companies Act, 1956 - Insolvency and Bankruptcy Code, 2016 - Appeal against NCLAT order which dismissed appeals against NCLT order denying relief to appellant workmen/employees with regard to their claim relating to salary, which they claimed for the period involving CIRP- Partly allowed - (i) That the wages/salaries of the workmen/employees of the Corporate Debtor for the period...