Supreme Court Seeks Centre's Response To Abu Salem's Plea That Imprisonment Can't Exceed 25 Years Due To Extradition Treaty With Portugal

The Supreme Court on Wednesday sought the response of the Central Government to 1993 Bombay blast convict Abu Salem's argument that his imprisonment cannot extend beyond 25 years in view of the assurance of the government of India to Portugal at the time of his extradition.A bench of Justices S. K. Kaul and M. M. Sundresh sought the response of the Centre on Salem's plea that the 2017 judgment...

Intent Of Army Act Is Not To Protect Army Personnel By Awarding Them Lesser Punishment Even For Serious Offences: Supreme Court

The Supreme Court observed that the intent of the Army Act is not to protect army personnel by awarding them lesser punishment even for serious offences"If that was the intent of the legislature- that is to protect persons subject to the Army Act by awarding them lesser punishment even for serious offences - then the Act would not have provided for concurrent jurisdiction of court-martial...

BREAKING| MediaOne Case: Kerala High Court Calls For MHA Files Which Cited Security Reasons; Allows Channel Telecast Till Feb 7

The Kerala High Court on Wednesday extended the interim order deferring the Union Government's decision to cancel the permission to telecast Malayalam news channel MediaOne till next Monday.Justice N. Nagaresh also directed the Union Government to produce before the Court the relevant files of the Ministry of Home Affairs which recommended the cancellation of the license of the channel...

Criminal Court Can Try A Case Against Army Man If Commanding Officer Does Not Exercise Discretion U/Sec 125 Army Act To Initiate Court-Martial : Supreme Court

The Supreme Court has held that criminal court will have jurisdiction to try a case against an army personnel if the Commanding Officer does not exercise the discretion under Section 125 of the Army Act to initiate court-martial with respect to the offence.If the designated officer does not exercise this discretion to institute proceedings before a court-martial, the Army Act would not...

Limited Estate Given To Hindu Wife By Way Of Will Can Become Absolute Under Sec14(1) Hindu Succession Act Only If Property Was Given For Her Maintenance: Supreme Court

The Supreme Court has held that Section 14(1) of the Hindu Succession Act does not bar the bequeathing of a limited estate to a female by way of a Will; but if the limited estate is given to the wife for her maintenance, then it would mature into an absolute estate under Section 14(1) of the Act. "The objective of Section 14(1) of Hindu Succession Act, 1956 cannot be that a Hindu male who...

GATE 2022 - Supreme Court Agrees To Urgently Hear Pleas To Postpone GATE Due To COVID

In the backdrop of the ongoing third wave of the Covid19 pandemic and rise in number of cases, two writ petitions have been filed before the Supreme Court of India seeking postponement of the Graduate Aptitude Test in Engineering Exam, 2022 (GATE 2022) which is scheduled to be held on 5th, 6th, 12th and 13th of February, 2022.A Bench comprising Chief Justice of India NV Ramana, Justice AS...

Supreme Court Collegium Reiterates Names Of 2 Advocates For Elevation As Judges of Patna High Court; Proposes One More Name

The Supreme Court Collegium in its meeting held on February 1, 2022 has recommended the elevation of 3 Advocates as Judges of the Patna High Court. They are:1. Shri Khatim Reza2. Dr. Anshuman Pandey3. Shri Rajiv RoyThe Supreme Court Collegium has reiterated the aforementioned recommendations of Shri Khatim Reza and Dr. Anshuman Pandey. The Collegium vide its meeting held last year on...

Disobedience Has To Be "Wilful" To Attract Civil Contempt Action Under Order XXXIX Rule 2A CPC : Supreme Court In Future-Amazon Case

While setting aside the order of the Delhi High Court which initiated coercive steps against the Future Group companies and its promoters, the Supreme Court of India on Tuesday observed that contempt of a civil nature can be made out under Order XXXIX Rule 2­A of the Code of Civil Procedure only when there has been "wilful disobedience" and not on mere "disobedience".According to the Court,...

Legislature Cannot Protect Actions Taken Under An Unconstitutional Law By Enacting A Saving Clause: Supreme Court

The Supreme Court on Tuesday observed that legislature cannot infuse life into a legislation, which it itself recognised as unconstitutional, by enacting a saving clause. The bench of Justices LN Rao, BR Gavai and BV Nagarathna was considering special leave petitions challenging the Manipur High Court's order of striking down the Manipur Parliamentary Secretary (Appointment, Salary and...

Solicitor General Opposes Reinstatement of Resigned Woman Judge Who Made Sexual Harassment Complaint Against HC Judge; Supreme Court Reserves Judgment

On Tuesday, the Supreme Court continued hearing arguments in a plea filed by a woman Additional District Judge (ADJ) of Madhya Pradesh - who raised sexual harassment complaint against a then sitting MP HC judge - seeking reinstatement into service on the ground that her resignation was due to coercive circumstnaces. Solicitor General of India, Mr. Tushar Mehta, appearing for the...

"Cannot Be Detained In Custody Indefinitely": Supreme Court Grants Bail To Man Accused Of Evading GST To Extent Of ₹64 Crore

Noting that a person accused of evading GST to the tune of Rs. 64 crore has undergone a period of almost 50% of the sentence, the Supreme Court on Tuesday granted him bail while observing that detention cannot be indefinite.The bail was granted by the bench of Justices SK Kaul and MM Sundresh while considering a SLP assailing Gujarat High Court's order dated April 26, 2021.While allowing...

[Recording Of Testimonies Of Child Witnesses Through VC] NALSA To Pay Rs. 1500 Per Day As Honorarium To Remote Point Co-ordinators : Supreme Court

On Monday (24th January), while hearing the matter pertaining to the virtual recording of testimonies of child victims/witnesses of human trafficking who are required to travel across states or districts to give evidence in Trial Courts, the Supreme Court had asked National Legal Services Authority ("NALSA") to bear the honorarium to be paid to the 'remote point co-ordinators' (RPCs)....