Supreme court
Relevant Date To Compute Limitation Period U/Sec 468 CrPC Is The Date Of Filing Of Complaint Or Date Of Institution Of Prosecution: Supreme Court
The Supreme Court observed that the relevant date for the purpose of computing the period of limitation under Section 468 CrPC is the date of filing of the complaint or the date of institution of prosecution and not the date on which the Magistrate takes cognizance of the offence.Section 468 of the Code of Criminal procedure deals with bar to taking cognizance after lapse of the period...
Suit For Title Declaration Based On Adverse Possession Having Matured Into Ownership Is Maintainable : Supreme Court
The Supreme Court reiterated that a suit for declaration based on adverse possession having matured into ownership is maintainable.In this case, the plaintiff filed a suit for declaration of title pleading that the adverse possession on the suit property granted him certain rights. The Trial court allowed the application filed by defendant under Order VII Rule 11, Code of Civil Procedure...
Physical Analysis Is Not Prescribed Under NDPS Act For Testing Opium : Supreme Court
The Supreme Court observed that physical analysis is not prescribed under the provisions of the Narcotic Drugs and Psychotropic Substances Act for testing the opium.The physical nature of the material is not relevant for determining whether the contents of the sample analyzed were actually opium or not, the bench headed by CJI NV Ramana observed thus while dismissing an appeal filed against...
Disciplinary Proceedings - High Court Cannot Interfere With Quantum Of Punishment Unless It Is Grossly Disproportionate: Supreme Court
The Supreme Court observed that courts cannot interfere with the quantum of punishment imposed by the disciplinary authority unless it is grossly disproportionate.Quantum of punishment is within the discretionary domain and the sole power of the decision-making authority once the charge of misconduct stands proved, the bench comprising Justices Sanjiv Khanna and Bela M. Trivedi observed.In...
Majority Homebuyers Accept Builder's Settlement During CIRP; Supreme Court Allows Withdrawal Of Insolvency Application
The Supreme Court has allowed withdrawal of Corporate Insolvency Resolution Process against a builder in an application filed by three homebuyers in view of a settlement plan agreed upon by the majority of them. In the larger interest of the homebuyers, the Apex Court exercised power under Article 142 to permit withdrawal of the CIRP proceedings and set aside all matters pending between...
Is Spouse's Refusal To Acknowledge & Treat Mental Illness A Ground For Divorce? Supreme Court To Consider
The Supreme Court on Friday agreed to consider the legal question whether the refusal of a spouse to acknowledge a medical illness and undergo medical treatment for the same can amount to the ground of "cruelty" for divorce.The bench of Justices Vineet Saran and Aniruddha Bose issued notice in a Special Leave Petition filed against Kerala High Court's order dated September 3, 2021, which...
Supreme Court Refuses To Interfere In Plea Challenging Notification To De Notify Galathea Bay Wildlife Sanctuary; Grants Liberty To Approach High Court
The Supreme Court on Friday dismissed as withdrawn a plea challenging notification dated January 25, 2021 ("impugned notification") issued by the Commissioner-cum-Secretary (E&F), Andaman and Nicobar Administration to de-notify the Galathea Bay Wildlife Sanctuary.The bench of Justices S Abdul Nazeer and Krishna Murari granted the petitioner liberty to approach the High Court. It was stated...
Supreme Court Stays Delhi High Court Order Laying Down Guidelines To Feed Street Dogs
The Supreme Court on Friday stayed the operation of an order of the Delhi High Court which issued a set of guidelines for feeding street dogs after holding that citizens have a right to feed street dogs.A division bench comprising Justices Vineet Saran and Aniruddha Bose stayed the High Court's order on a petition filed by an NGO 'Humane Foundation for People and Animals' challenging it.The...
Supreme Court Stays Death Sentence Awarded To POCSO Convict ; Directs His Psychological Evaluation
The Supreme Court stayed execution of death sentence awarded to a man accused of rape and murder of a 11 year old girl.We feel that the interest of justice dictates that we obtain a psychological evaluation of the appellant, the bench comprising Justices UU Lalit, S. Ravindra Bhat and PS Narasimha said while granting leave in the special leave petition filed by Jai Prakash challenging...
NEET-PG : Supreme Court To Consider Validity Of West Bengal Condition Of 3 Years Minimum Service In Remote Areas For In-Service Quota
The Supreme Court on Friday issued notice on the plea of 4 doctors challenging the West Bengal state notification of October, 2021 extending the condition of three years' minimum service in remote/difficult/ rural areas for being considered as eligible for the in-service quota.The effect of the notification is that for availing of state quota seats in post- graduate medical courses,...
Acquittal In Criminal Case Is A Factor While Deciding Confiscation Proceedings Under MP Cow Slaughter Prohibition Act: Supreme Court
The Supreme Court observed that the acquittal of an accused in a criminal case under Madhya Pradesh Prohibition of Cow Slaughter Act, 2004, is a factor to be considered while deciding confiscation proceedings under the Act."In a case where the offender/accused are acquitted in the Criminal Prosecution, the judgment given in the Criminal Trial should be factored in by the District Magistrate...
Class X Exams 2021 - Students Not Entitled To Know Attendance Sheet, Result Committee Report & Detailed Scorecard Of All Students Of A School : CBSE Tells Supreme Court
The Supreme Court on Friday granted 2 weeks time to file rejoinder in the petition filed by class Xth passed out students against the alleged illegal action of St Xavier International School, Orissa ("School") of denying to provide detailed scorecard and answer sheet for concealing its malpractices in awarding marks to the students for the alternate assessment followed in 2021 following...