Section 138 NI Act Complaints Filed During Limitation Extension Period Not Premature : Gurugram Bar Seeks Supremes Court's Clarification

The Gurugram District Bar Association has moved the Supreme Court of India seeking clarification regarding interpretation of court's orders suspending period of limitation qua the proviso (b) and (c) to the section 138 of the Negotiable Instruments Act, 1881,An application has been filed by the Association in the suo moto case regarding extension of limitation.The Association has sought...

Criminal Appeal Pending In HC Since 2012; Convict Undergoes 17 Years Sentence; Supreme Court Grants Bail

The Supreme Court on Friday granted bail to an accused who had already undergone (more than 17 years) sentence during the pendency of criminal appeal before the High Court.The bench of Chief Justice NV Ramana, Justices AS Bopanna and Hima Kohli while granting bail in Ritu Pal v. State of Uttar Pradesh in their order said, "Taking into consideration the fact that the petitioner has...

Motor Accident Claims: Supreme Court Reduces Compensation Granted To Govt Servant Who Continued To Work After Accident

While deciding on compensation to be paid in a case of motor vehicle accident, the Supreme Court has reduced the compensation granted by the High Court to a government servant considering that there was no permanent disability, he wasn't immobilized and he continued to work even after the accident While the compensation awarded by the Motor Accident Claims Tribunal was Rs 6,21,000 which...

Complete Absence Of Motive In A Case Based On Circumstantial Evidence Weighs In Favour Of Accused : Supreme Court

The Supreme Court has held that the absence of motive in a case depending on circumstantial evidence is a factor that weighs in favour of the accused. "In a case based on substantial (circumstantial) evidence, motive assumes great significance. It is not as if motive alone becomes the crucial link in the case to be established by the prosecution and in its absence the case of...

Bihar Prohibition Act Clogging Courts With Bail Applications: Supreme Court Raises Alarm; Seeks State's Response

The Court asked Bihar State if the option of plea bargaining can be explored under the Act.

Supreme Court Weekly Digests With Subject-Wise, Statute-Wise Index & Nominal Index [February 20 - 28]

2022 LiveLaw (SC) February Act-wise Index Part 4 [Feb 20 - 28, 2022] Agricultural Produce Markets Act, 1961 (Rajasthan) - Section 9 - It cannot be said to be a mandatory statutory obligation of the Market Committees to provide shop/land/platform on rent/lease. (Para 9) 2022 LiveLaw (SC) 203 Arbitration and Conciliation Act, 1996 - Section 37 - The High Court has no jurisdiction to remand...

Not Safe To Convict A Person For Murder Solely On Basis Of Recovery Of Stolen Article : Supreme Court

The Supreme Court recently set aside the conviction of a person for the offence of murder, after noting that the only evidence which linked him to the offence was the alleged recovery of stolen article from him.A bench comprising Justices UU Lalit, S Ravindra Bhat and PS Narasimha referred to the precedents which held that merely on the basis of recovery of article, it may not be safe to...

Limitation Period Cannot Be Extended On Equitable Grounds: Supreme Court

The Supreme Court observed that an application for condonation of delay has to be dismissed if it is found that the delay is not properly explained and that the period of limitation cannot be extended on equitable ground.Otherwise, it would be giving a premium to a person who fails to explain the delay and who is guilty of delay and laches, the bench comprising Justices MR Shah and BV...

BREAKING| Maharashtra Minister Nawab Malik Approaches Bombay High Court To Declare ED Arrest Illegal; Terms It 'Political Vendetta'

Nationalist Congress Party (NCP) leader and Maharashtra Cabinet Minister Nawab Malik has approached the Bombay High Court to quash the money laundering ECIR (FIR) registered against him as also the Special court's order remanding him in the Enforcement Directorate's custody till March 3, 2021. The State Minority Development Minister alleged "illegal arrest," for being a "vocal critique of...

Sex Workers Can Be Given Aadhaar Card Without Formal Proof Of Residence Subject To NACO/State Certificate : NACO Tell Supreme Court

The Unique Identification Authority of India (UIDAI) informed the Supreme Court on Monday that no formal proof of residence is required to issue Aadhaar cards for sex workers if any Gazetted Officer in the National Aids Control Organization(NACO) or State Health Department gives a certificate to that effectThe Bench comprising Justice L Nageswara Rao and Justice BR Gavai stated that it would...

'Not Realistic' : Supreme Court Expresses Doubts Regarding Number Of Sex Workers Identified By WB & Maharashtra

On Monday, the Supreme Court directed the State Governments to continue with the process of identification of sex workers who do not have any proof of identity and who have been deprived of ration. "Having dealt with the status reports filed by West Bengal and Maharashtra, it is not necessary to take up the status report of each State separately. A scrutiny of the status report filed...

CAT Vacancies : Why Don't You Consider 2 Advocates Recommended By Selection Committee For Appointment? Supreme Court Asks AG

On Monday, the Supreme Court asked the Attorney General, Mr. K.K. Venugopal to suggest the Central Government to appoint the advocates recommended by the Selection Committee constituted for filling up the vacancies of judicial members at the Central Administrative Tribunal ("CAT") for the year 2018. A Bench comprising Justices L. Nageswara Rao and B.R. Gavai suggested...