Supreme court
Supreme Court Dismisses Justice Yashwant Varma's Plea Challenging CJI's Recommendation For His Removal
The Supreme Court today(August 7) dismissed the writ petition filed by Allahabad High Court Judge Justice Yashwant Varma challenging the in-house inquiry report, which indicted him in the case-at-home scandal, as well as the then Chief Justice of India Sanjiv Khanna's recommendation made to the President and the Prime Minister for Justice Varma's removal.A bench comprising Justice Dipankar...
S. 389 CrPC | To Suspend Sentence, HC Should Assess If Convict Has Fair Chance Of Acquittal : Supreme Court
The Supreme Court on Wednesday (Aug. 6) set aside the Rajasthan High Court's order granting bail and suspending the sentence of a man convicted under the POCSO Act for sexually assaulting a minor girl, observing that the High Court failed to assess whether the convict has a fair chance of acquittal.“One would have expected the High Court hearing an application under Section 389 of Cr.P.C....
Courts Should Not Be Used To Settle Scores Between Political Parties; Fight Political Battles Before Electorate : Supreme Court
The Supreme Court today (August 6) reiterated that political parties cannot use the Courts to fight their political battles. A bench comprising Chief Justice of India BR Gavai, Justice K Vinod Chandran and Justice NV Anjaria observed while hearing the petitions filed by the Dravida Munnetra Kazhagam (DMK) party as well as the Tamil Nadu Government against the Madras High Court's interim...
Mere Pendency Of Criminal Cases Alleging Simple Fraud No Bar To Arbitration : Supreme Court
The Supreme Court has allowed the arbitration proceedings to continue in multi-crore Bihar Public Distribution System (“PDS”) Scam, stating that mere pendency of the criminal proceedings in offences involving simple fraud like cheating, criminal breach of trust doesn't bar a dispute from being referred to an arbitration. “The mere fact that criminal proceedings can or have been...
'Child' Includes 'Orphan Child': Supreme Court Orders Survey To Find If Orphans Are Given Benefits Under Right To Education Act
The Supreme Court today(August 6) directed the States and Union Territories to carry out surveys to find out whether orphan children are getting the benefit of free and compulsory education under the Right of Children to Free and Compulsory Education, 2009 ("RTE Act") or not. The Court passed the order in a writ petition seeking care and protection of orphan children in the country.Before a...
Mere Absence Of External Injuries Not Sufficient To Discredit Victim's Credible Testimony In Rape Case : Supreme Court
The Supreme Court upheld the conviction of a man for sexually assaulting a 15-year-old girl, reiterating that a victim's testimony, if credible, is sufficient for conviction, even in the absence of corroborative medical evidence. “It is an opt-reiterated dictum of law that in cases of rape, the testimony of the prosecutrix alone may be sufficient and sole evidence of the victim, when...
Entity Won't Lose Character Of Public Trust By Mere Registration Under Societies Registration Act : Supreme Court
The Supreme Court on Tuesday (Aug. 5) held that there's no bar to a representative suit under Section 92 of the Code of Civil Procedure, 1908 (“CPC”) against a society registered under the Societies Registration Act, 1860 if it qualifies as a 'constructive trust'.Mere registration of a society under the Societies Registration Act, after the entity attained the characteristics of a...
IBC Moratorium Doesn't Bar Voluntary Surrender Of Corporate Debtor's Leased Property To Lessor: Supreme Court
The Supreme Court on Tuesday (August 5) held that the moratorium under the Insolvency and Bankruptcy Code, 2016 (IBC), does not bar the voluntary handover of property leased by the corporate debtor to the lessors if retaining the asset is deemed unviable and the Committee of Creditors (“CoC”) endorses the decision. A bench comprising Justices Sanjay Kumar and S.C. Sharma set aside...