Is Prosecution For IPC Offences Barred After Case Under Section 138 NI Act?Supreme Court Refers To Larger Bench

Whether on similar set of allegations of fact, the accused can be tried for an offence under Negotiable Instruments Act which is special enactment and also for offences under Indian Penal Code unaffected by the prior conviction or acquittal? The Supreme Court has referred this question to a larger bench.The bench comprising Justices S. Abdul Nazeer and JK Maheshwari was considering a...

Freebies Issue : Supreme Court Says Balance Needed Between Economy & Welfare Of People

While considering a plea seeking directions to the Election Commission of India to not permit political parties to promise freebies during election campaigns, the Supreme Court on Thursday stressed on creating a balance between the welfare of the State and the economic strain on the public exchequer. ."Economy losing money and the welfare of people, both have to be balanced. That's why...

Civil Court's Jurisdiction Not Ousted By Industrial Disputes Act When Matter Relates To Only Correction Of Employee's Date Of Birth : Supreme Court

The Supreme Court has held that the jurisdiction of the civil court in relation to the correction of date of birth of an employee is not ousted by the Industrial Disputes Act 1947.The Court stated that the jurisdiction of the civil court is ousted if it is a matter relating to the enforcement of a right under the Industrial Disputes Act.The Bench was considering an appeal plea moved by...

AIFF Elections : Supreme Court Says It Will Interfere If Attempts Are Made To Sabotage Hosting Of FIFA Tournament By India

In the matter related to the elections of All India Football Federation (AIFF), the Supreme Court on Thursday indicated that it will not hesitate from interfering if attempts are made to undermine the hosting of the 2022 FIFA Under-17 Women's World Cup by India.The Court was hearing a contempt petition filed by the Committee of Administrators (CoA) of the AIFF alleging that the ousted...

Chief Justice Of India Should Have No Power To Assign Cases To Benches, Allotment Must Be Automated : Dushyant Dave

Senior Advocate Dushyant Dave has expressed concerns about the process of assigning cases to benches of the Supreme Court by the Chief Justice of India as the "Master of Roster".Speaking in an interview with Manu Sebastian, Managing Editor of LiveLaw, Dave said :"I feel that the Chief Justice as the Master of the Roster should have no power at all to assign any matter to any bench. The...

CJI Ramana Stresses On Need For Simple Judgments And Accurate Legal Reporting

The Chief Justice of India, N.V. Ramana, was invited as the Chief Guest for the launch of "Supreme Court Cases (SCC) Pre '69" by the Eastern Book Company. While addressing the gathering, CJI Ramana propagated for simpler language to be used by judges while writing judgements. He stated that the reasoning and conclusion of a judgement must be clear so that the consumer of justice knows the...

EPS Case : Pension Corpus Remains Intact, Payments Coming From Interest, EPFO Can't Raise Fund Issues - Employees To Supreme Court [Day 5 Hearing]

On the fifth day of the EPF Pension case hearing (Wednesday), the pensioners told the Supreme Court that the verdict in R.C. Gupta v. Regional Provident Fund Commissioner, which held that there is no cut-off for opting for pension, is correct and applies to them in the present case.The argument was put forth by Senior Advocate Gopal Sankaranarayanan before a 3-judge bench comprising Justices...

Courts Today- A Daily Round Up Of Important Legal Developments- 10.8.2022

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Freebies Issue : Election Commission Declines To Be Part Of Expert Panel Proposed By Supreme Court

The Election Commission of India has declined to be the part of the expert body proposed to be constituted by the Supreme Court to examine the issues relating to the promise of "freebies" by political parties during elections.Saying that it is a Constitutional Body, the ECI has expressed unwillingness to be part of the expert panel."The Answering Respondent respectfully submits that it may...

"Poor Illiterate Lady", "Senior Citizen","Rural Background" : Supreme Court Reduces Sentence Awarded To An NDPS Convict

The Supreme Court reduced sentence awarded to an aged and illiterate lady who was found guilty of possession of the commercial quantity of illegal 'Ganja'(Cannabis).Budhiyarin Bai along with her two children were charged under Section 20(b)(ii)(C) of the NDPS Act for having joint possession of the commercial quantity of illegal 'Ganja'(Cannabis) of 05 quintal and 21.5 kilogram. Two others...

Supreme Court Adjourns Jamiat Pleas Challenging "Bulldozer" Actions For September 7

The Supreme Court on Wednesday adjourned the PILs filed by the Jamiat Ulema-i-Hind alleging that authorities in states like UP and MP are resorting to "bulldozer" action to demolish the houses of persons accused in cases like riots for September 7, 2022. The adjournment was sought by Senior Advocate Sanjay Hedge before the bench of Justices BR Gavai and PS Narasimha due to Senior Advocate...

Rule Of Evidence To Prove Charges In A Criminal Trial Cannot Be Used While Deciding Motor Accident Compensation Claims: Supreme Court

The Supreme Court observed that the rule of evidence to prove charges in a criminal trial cannot be used while deciding an application seeking motor accident compensation. Such an application has to be decided on the basis of evidence led before it and not on the basis of evidence which should have been or could have been led in a criminal trial, the bench comprising Justices Hemant Gupta...