Supreme court
Bilkis Bano Case : Supreme Court Erred In Holding That Gujarat Govt Has Power To Decide Remission - Sr Adv Rebecca John
Criminal law expert Rebecca M John, Senior Advocate, opined that the Supreme Court erred in holding that the State of Gujarat has the jurisdiction to decide the remission of sentence of 11 convicts in the Bilkis Bano case.Speaking in an interview with LiveLaw, John said that as per Section 432(7) of the Code of Criminal Procedure, it is the State where the trial was held and where the...
Marginalized Persons Often End Up Settling For Less In Mediations Due To Unequal Bargaining Power : Justice Chandrachud
People from marginalized groups are often at a disadvantage in mediations due to the unequal bargaining power they posses over people from privileged backgrounds, said Supreme Court Justice DY Chandrachud at a seminar on Friday. Highlighting this, he said the possession of the tangible and intangible resources contributes to the bargaining and negotiating power of the parties involved...
Financial Criteria In A Compassionate Appointment Scheme Cannot Be Ignored: Supreme Court
The Supreme Court observed that the financial criteria for compassionate appointment given in a Compassionate Appointment Scheme cannot be ignored."Rules which provide for a financial criteria for appointment on Compassionate ground are valid and lawful rules which have to be construed strictly, as otherwise the quota reserved for compassionate appointment would be filled up excluding others...
Supreme Court Half Yearly Digest 2022 (Jan - Jun) CONSUMER LAW With Parallel Citations
Consumer Law - Transfer Petition filed seeking transfer of consumer complaints pending before Consumer fora to Bombay High Court - Dismissed - The consumer complaints are filed under the Consumer Protection Act, therefore, such consumer complaints cannot be transferred to the High Court exercising the jurisdiction under Article 226 of the Constitution of India. Yes bank v. 63...
Prosecution Under PMLA Not Possible After Accused Is Acquitted Of Scheduled Offence: Supreme Court
The Supreme Court reiterated that an person acquitted of scheduled offence cannot be prosecuted under Prevention of Money-Laundering Act, 2002.In this case, the Lokayukta Police registered a case under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988 against the accused, who was a Deputy Revenue Officer. During the pendency of trial, the Directorate...
Supreme Court Seeks Allahabad HC Response On Transferring Pending Arbitration/Commercial Matters To Commercial Courts In UP
The Supreme Court on Wednesday asked for the Allahabad High Court to look into and respond on whether not transferring the pending arbitration matters/commercial cases to the concerned Commercial Courts can be said to be contrary to Section 15 of the Commercial Courts Act.The bench of Justices M. R. Shah and B. V. Nagarathna was hearing the matter where the Court had in May issued...
High Court Cannot Enhance Sentence Without Putting Accused To Notice : Supreme Court
The Supreme Court, on Friday, opined that High Courts are required to give notice to the accused before enhancing sentences. It set aside an enhancement, wherein the Rajasthan High Court had modified sentence of imprisonment for life simplicitor to life imprisonment till death, without giving prior notice to the accused; depriving them of an opportunity to defend themselves. "As a...
Review Power Can Be Invoked Only For Errors Apparent On Record, Not For Errors Which Are To Be Detected By Process Of Reasoning : Supreme Court
The Supreme Court observed that an erroneous decision of a court cannot be corrected by exercising review jurisdiction, but can only be corrected by the Superior Court.An error that has to be detected by a process of reasoning, cannot be described as an error apparent on the face of the record for the Court to exercise its powers of review, the bench comprising CJI NV Ramana, Justices...
Section 304B IPC -Message Should Go That Dowry Death Shall Be Dealt With An Iron Hand: Supreme Court
Observing that "the legislative intent of incorporating IPC section 304ÂB was to curb the menace of dowry death with a firm hand" and that "in dealing with cases under section 304ÂB, such legislative intent has to be kept in mind", the Supreme Court has asserted that in the imposition of sentence for the offence of dowry death, "a strong message must go in the society that a person who...
Appeals Against ITAT Order Will Lie Only Before The High Court Within Whose Jurisdiction The Assessing Officer Is Situated: Supreme Court
Settling a crucial issue, the Supreme Court, on Thursday, held that appeals against orders of Income Tax Appellate Tribunal (ITAT) will lie only before the High Court within whose jurisdiction the assessing officer is situated. The Apex Court clarified that even if the case is transferred in exercise of power under Section 127 of the Income Tax Act, which enables a higher authority...
Bhima Koregaon Case : Supreme Court Asks Special NIA Court To Decide On Framing Charges Within 3 Months
The Supreme Court on Thursday asked the Special NIA Court to decide on framing charges in the Bhima Koregaon case within a period of three months. The Court also directed the NIA Court to decide the discharge applications filed by the accused in the case simultaneously.A bench comprising Justice UU Lalit and Justice Ravindra Bhat passed the direction while considering a petition field by...