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Sessions Court Cannot Impose Special Category Sentence Barring Statutory Remission And Commutation : Supreme Court

The Supreme Court on Thursday (September 24) reiterated that a Sessions Court cannot impose a special-category sentence directing a convict to remain in prison for the remainder of their natural life by excluding the statutory remission and commutation regime. “…we are of the view that there is no doubt that the Trial Court was competent to impose the punishment of imprisonment for life upon the appellants for the offence under Section 302 read with Section 34 IPC, however, at the same time,...

Article 311 Bar Not Attracted If Officer Removing Employee Is Equal In Status To Appointing Authority : Supreme Court

The Supreme Court today (24 September) has held that the constitutional protection under Article 311(1) of the Constitution is attracted only when the removing authority is subordinate in rank to the authority that made the appointment. It was also held that mere delegation of disciplinary powers to a subordinate officer under statutory rules does not trigger the constitutional bar. For context, Article 311(1) bars dismissal or removal of a civil servant by an authority subordinate to the one...

S 156(3) CrPC Order Is Pre-Cognizance Step, Sanction Under S 197 CrPC Not Required At That Stage: Supreme Court

The Supreme Court has recently held that a Magistrate's direction under Section 156(3) of the Code of Criminal Procedure, 1973 (CrPC, now Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023) directing registration of an FIR and investigation is a pre-cognizance step, and the requirement of prior sanction under Section 197 CrPC (now Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023) to prosecute public servants applied only at the stage of taking cognizance, not at the stage...

Parent Facing POCSO Prosecution Cannot Be Granted Custody, Supreme Court Permits Mother To Relocate Children To UK

The Supreme Court on Wednesday (September 23) permitted a mother to relocate her two minor children to the United Kingdom, while denying custody to the father who is facing prosecution under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The Court held that a parent facing prosecution under the POCSO Act cannot be considered entitled to custody of the children.The Court noted that the son, during an examination at NIMHANS in 2023 after displaying aggressive behaviour,...

Arbitral Tribunal Cannot Award Pre-Reference Interest If Theres Contractual Bar: Supreme Court

The Supreme Court has held that when a contractual clause bars claims for interest arising from delay in making periodical or final payments, it is impermissible for an arbitral tribunal to award the same as a pre-reference interest under Section 31(7)(a) of the Arbitration and Conciliation Act, 1996. A bench of Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe set aside the Meghalaya High Court's judgment, which had restored the Arbitral Tribunal's decision to grant an interest on...

Supreme Court Commutes Death Sentence Awarded To Man Convicted For Rape- Murder Of 6-Year-Old Stepdaughter

The Supreme Court today commuted the death sentence imposed on a man convicted for raping and murdering his six-year-old step-daughter in Madhya Pradesh.A bench of Justice Vikram Nath, Justice Sandeep Mehta and Justice Vijay Bishnoi upheld his conviction but commuted the death sentence to life imprisonment.The appellant, one Waris, was convicted by the Special Court under the Protection of Children from Sexual Offences Act, Jaora, on December 17, 2018, under Sections 376(2)(F), 376(2)(N),...

Arbitration | High Courts Location Doesnt Become Arbitrations Seat Just Because HC Appointed Arbitrator : Supreme Court

The Supreme Court on Wednesday (September 23) has held that mere conduct of arbitral proceedings at a particular place does not, by itself, determine the juridical “seat” of arbitration, in the absence of an express designation or agreement between the parties. A Bench of Justice Sanjay Kumar and Justice Sanjeev Sachdeva set aside the Orissa High Court's judgment, which had deemed Cuttack...