Supreme Court Dismisses Plea Challenging Provision Allowing Use Of EVMs

The Supreme Court, on Friday, refused to entertain a plea challenging the constitutional validity of Section 61A of the Representation of the People Act (Act), which pertains to the use of EVMs in elections. Noting that there is no merit in the present Public Interest Litigation, a Bench comprising Justices Sanjay Kishan Kaul and M.M. Sundresh dismissed it. "We find no merit in...

Hold In-Camera Trial In All Sexual Harassment Cases, Apart From Rape Cases; Disallow Questions On Sexual History : Supreme Court To Trial Courts

Reiterating the importance of the Courts dealing with the victims of sexual crimes in a sensitive manner, the Supreme Court has issued a slew of directions to the trial courts to avoid agony and harassment for women who file complaints of sexual harassment.The Court directed that in-camera trials should be allowed in all cases relating to sexual harassment. As per Section 327 of the Code...

"Smear Campaign" : KIIFB Moves Kerala High Court Challenging ED Summonses; Questions Agency's Jurisdiction To Probe Masala Bond Issue

In a significant development, the Kerala Infrastructure Investment Fund Board (KIIFB), a statutory body constituted for mobilization of funds for developmental projects in the State, has approached the Kerala High Court challenging the summonses issued by the Enforcement Directorate (ED).The ED action is with respect to alleged violations of the Foreign Exchange Management Act (FEMA) by...

Supreme Court Half Yearly Digest 2022 - Code of Criminal Procedure 1973

Code of Criminal Procedure, 1973 - Appeal against High Court order setting aside criminal proceedings on the ground that taking cognizance by magistrate was barred by limitation - Allowed - The High Court made a fundamental error in assuming that the date of taking cognizance i.e., 04.12.2012 is decisive of the matter, while ignoring the fact that the written complaint was indeed filed...

Supreme Court Issues Notice On Kerala Govt Plea To Restore UAPA Charges Against Alleged Maoist Leader

The Supreme Court on Friday issued notice in a petition preferred by the State of Kerala against Kerala High Court's order of discharging alleged Maoist leader Roopesh accused of charges under Unlawful Activities (Prevention) Act and sedition under Section 124A (sedition) of the Indian Penal Code on the ground of irregularities in the order granting sanction for prosecution. The bench...

Continuity Of Service With Back Wages Can Be Directed In Cases Where The Retrenchment Was Not Bona Fide : Supreme Court

The Supreme Court observed that continuity of service can be directed in cases where the retrenchment was not bona fide.Armed Forces Ex Officers Multi Services Cooperative Society Ltd 'retrenched' the services of fifty-five employees, on the grounds that it had closed its business. Retrenchment compensation as per Section 25F of the Industrial Disputes Act, 1947, was also offered. Before...

"Important Issue" : Supreme Court Issues Notice On PIL Seeking Steps To Inform Legal Heirs About Unclaimed Deposits Lying In Dormant Accounts

The petitioner highlighted that deposits of over Rs 4000 crores are lying unclaimed since the legal heirs are either untraced or unknown.

'FIRs On Sulli Deal Are Different As Victims Are Different' : Supreme Court Refuses To Stay Proceedings Against Alleged App Creator

The Supreme Court on Friday refused to stay the court proceedings in the multiple cases registered against Aumkareshwar Thakur, the alleged creator of the "Sulli Deals" apps which was used to do an online auction of several Muslim women.A bench comprising Justices Sanjay Kishan Kaul and MM Sundresh issued notice to the Governents of Delhi, UP and Maharashtra on the writ petition filed by...

EPF Pension Case : Why Annual Reports Don't Reflect Potential Financial Burden? Supreme Court Asks Union, EPFO [Day 6 Hearing]

On the final day of hearing the EPF Pension case, the Supreme Court on Thursday asked the Union of India why the annual reports did not reflect the potential financial burden that would befall the government if pensioners are allowed to opt for the Pension Scheme retrospectively and beyond the Rs 15,000 wage limit. A bench of Justices UU Lalit, Sudhanshu Dhulia and Aniruddha Bose...

Courts Today- A Daily Round Up Of Important Legal Developments- 11.8.2022

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45 Days Time Limit For Filing Application U/Sec 17 SARFAESI Act Is Meant For Quick Enforcement Of Security : Supreme Court

The Supreme Court observed that a time limit of 45 days for filing an application under Section 17 of SARFAESI Act is provided for quick enforcement of the security.As per Section 17 of the SARFAESI Act, the application against measures to recover secured debts, has to be filed before the Debts Recovery Tribunal within forty five days from the date on which such measure had been taken.In...

Suspicion However Strong Cannot Be Ground For Conviction : Supreme Court Acquits Murder Accused

An accused cannot be convicted on the ground of suspicion, no matter how strong it is, the Supreme Court reiterated while acquitting an accused in a murder case.In this case, the accused Ram Niwas was accused of murder of one Dalip Singh. The Trial Court convicted him under Section 302 IPC which was confirmed by the Punjab and Haryana High Court.In appeal before the Apex Court, Advocate...