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Can Juvenile Get Benefit Of Sec 436A CrPC On Undertrial Period? Supreme Court Leaves Question Open But Grants Bail
The Supreme Court recently granted bail to a juvenile accused who spent more than 2 years in custody. As per Section 436-A CrPC, one can be released from custody if he has spent more than half of the maximum sentence prescribed for the offence. Interestingly, in this case the accused had spent more than 482 days as an adult in jail even though he was a juvenile. Thereafter he was tried as...
Income Tax Act | Completed/Unabated Assessments Cannot Be Reopened by AO If No Incriminating Material Is Found During Search: Supreme Court
The Supreme Court has reiterated that in view of the judgment of the Supreme court in Principal Commissioner of Income Tax vs. Abhisar Buildwell Pvt. Ltd.,2023 LiveLaw (SC) 346, an Assessing Officer (AO) cannot make additions to assessee’s income in respect of completed/unabated assessments if no incriminating material has been found during the course of search under Section 132 or...
'Corrodes Foundations Of Democracy' : 10 Grounds Raised By Rahul Gandhi In Supreme Court For Stay Of Conviction In Defamation Case
Congress leader Rahul Gandhi has filed a special leave petition in the Supreme Court challenging the Gujarat High Court's refusal to stay his conviction in the criminal defamation case over 'Modi-thieves' remark, which resulted in his disqualification as a Member of Parliament. Here are the main grounds urged in his plea :1. 'Modi' an undefined amorphous group : The offence of defamation...
NDPS Act | In Case Of Prolonged Incarceration, Liberty Will Override Embargo Under Section 37 : Supreme Court Grants Bail
The Supreme Court, while considering a bail application in an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 held that in case of prolonged incarceration, conditional liberty will override the statutory embargo under Section 37 of the Act. The Court made this observation stating that prolonged incarceration is against fundamental right guaranteed under Article 21,...
Rahul Gandhi Moves Supreme Court Against Gujarat HC Refusing To Stay Conviction In 'Modi Thieves' Remark Defamation Case
Congress leader and Former MP Rahul Gandhi has moved the Supreme Court challenging the Gujarat High Court’s July 7 order dismissing his revision plea to stay his conviction in the criminal defamation case in the 'Modi Thieves' remark case. The criminal defamation case was filed over a remark made by Gandhi during the 2019 Lok Sabha campaign. Referring to persons like Lalit Modi,...
Motor Accidents | 'No Negligence' Finding In Final Report Has No Bearing On Claim Petition As Standard Of Proof Is Different: Supreme Court
The Supreme Court recently held that while considering a petition for compensation for death or injury in a road accident the standard of proof compensation for death or injury in a road accident the standard of proof to be applied by the Motor Accident Claims Tribunal is the preponderance of probabilities and the standard of proof of beyond reasonable doubt would not apply. It also observed...
HCA Dispute : Former Indian Cricket Team Captain Mohd Azharuddin Moves Supreme Court Against HC's Contempt Notice
Former Indian cricket team captain and the President of Hyderabad Cricket Association Mohammed Azharuddin has approached the Supreme Court challenging the contempt notice issued by the Telangana High Court in a dispute related to Nalgonda Cricket Association.A bench comprising Justices BR Gavai, JB Pardiwala and SV Bhatti adjourned the matter to next week at the request of Azhar's counsel...
'All Preventive Detention Laws Necessarily Harsh': Supreme Court Emphasises Strict Adherence To Procedure In Preventive Detention Cases
In a plea regarding the continued detention of a person under a preventive detention law in Jharkhand, the Supreme Court emphasized the importance of strictly adhering to procedural requirements in cases concerning preventive detention laws. The bench, comprising Justice Aniruddha Bose and Justice Sudhanshu Dhulia, acknowledged that preventive detention laws are inherently stringent as...
Google v CCI | Supreme Court Lists Matter For Final Disposal On October 10, 2023
The Supreme Court on Friday decided to list on October 10, 2023, the appeal filed by the tech giant Google challenging the order dated 29.03.2023 passed by the National Company Law appellate Tribunal (NCLAT) which had upheld the imposition of Rs. 1337.76 Crores penalty on Google by the Competition Commission of India (CCI). Google has been penalized for abusing its dominant position in...
Uniform Civil Code : Law Commission Of India Extends Time For Public To Give Suggestions
The Law Commission of India has decided to extend the time for public to give suggestions on the subject of Uniform Civil Code by two more weeks "in view of the overwhelming response from the public".The initial deadline set by the Law Commission for the submission of suggestions ended today. It was on June 14 that the Commission decided to to re-open the debate on UCC by inviting fresh...