Supreme court
Trial Court Cannot Direct Life Sentence Should Extend To Remainder Of Life Without Remission : Supreme Court
The Supreme Court has reiterated that Trial Court does not have the jurisdiction to sentence an accused to life imprisonment which is to extend to the remainder of their life. Taking note of the Constitution Bench judgment in Union of India Vs. V. Sriharan @ Muruganand Others 2016 (7) SCC 1, a Bench comprising Justices Ajay Rastogi and Abhay S. Oka modified the sentence of...
Company Secretary Exam : CS Student Moves Supreme Court To Direct ICSI To Retain Old Syllabus Attempt Till December 2022
A student pursuing CS has approached Supreme Court seeking the extension of old syllabus attempt till December 2022. Preferred by Aditya Vikram Singh as petitioner in person, it has been argued that some students were unable to give exam due their helplessness and some family problems and now old syllabus students are being asked to give exam under new syllabus. "The Old...
Out Of 48 Chief Justices of India, When We Speak Of Courage, We Remember The One Who Wasn't Made CJI: Justice Akil Kureshi
Though we have had 48 Chief Justices of India, when we speak of courage, we remember the one who was not made the CJI, Justice Akil Kureshi, the outgoing Chief Justice of the Rajasthan High Court, said during his farewell speech on Saturday, referring to legendary judge Justice HR Khanna, who lost his due CJI post after his famous dissent in the ADM Jabalpur case.Justice Kureshi's reference...
'I Consider It A Certificate Of Independence' : Justice Akil Kureshi On Centre's "Negative Perception" About His Judicial Orders
Justice Akil Kureshi, the outgoing Chief Justice of the Rajasthan High Court, made certain significant statements in his farewell speech on Saturday. Justice Kureshi's non-elevation to the Supreme Court, despite being the senior most Chief Justice in the country, has become a point of discussion among the legal fraternity, amid the widespread perception that the Central Government is not in...
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...