Supreme Court Grants Time To NIA To File Counter Affidavit Regarding Change In Location of Gautam Navlakha’s House Arrest

The Supreme Court, on Monday, granted four weeks’ time to the National Investigation Agency (NIA) to file a counter affidavit with respect to the change in location of house arrest of the human rights activist Gautam Navlakha, an accused in the Bhima Koregaon case. A Bench comprising Justice KM Joseph and Justice BV Nagarathna was considering an application filed by him seeking to shift...

Supreme Court Grants Time To Delhi Police To Respond To Brinda Karat's Plea Seeking FIR Against BJP Leaders For Alleged Hate Speeches

The Supreme Court, on Monday, granted time to the Commissioner, Delhi Police to file a counter affidavit in a plea filed by Communist Party of India (Marxist) leader Brinda Karat seeking registration of FIR against BJP leaders Anurag Thakur and Parvesh Verma for allegedly delivering hate speeches in 2020. A bench comprising Justices KM Joseph and BV Nagarathna was considering the Special...

High Courts Can Issue Additional Directions While Considering Bail Pleas By Virtue Of Powers Under Article 226/227: Supreme Court

The Supreme Court recently held that the High Court even while deciding a bail application, has the power to issue other directions in the interest of justice, by virtue of its powers under Article 226 of the Constitution(Sanjay Dubey V State of Madhya Pradesh).. In this case, the High Court had directed departmental action against the appellant, a police officer, for dereliction of duty...

Supreme Court Laments Trial Judges Not Using Section 313(5) CrPC; Asks Judicial Academies To Take Notice

The Supreme Court recently opined that while recording the statement under Section 313 of CrPC in cases involving a large number of prosecution witnesses, the Judicial Officers should take benefit of Section 313 (5) of CrPC, which will ensure that the chances of committing errors and omissions are minimized.Section 313(5) CrPC says that the Court may take help of Prosecutor and Defence Counsel...

Allegation That Adani Companies Were Being Investigated Since 2016 Is Baseless, SEBI Tells Supreme Court

In a rejoinder affidavit filed by the the Securities and Exchange Board of India (SEBI) today in the Supreme Court, the apex regulatory body has given additional reasons for seeking more time to probe into the Adani-Hindenburg issue. “The application for extension of time filed by SEBI is meant to ensure carriage of justice keeping in mind the interest of investors and the...

Supreme Court Grants Interim Relief To Arunachal Pradesh BJP MLA Dasanglu Pul Whose Election Was Set Aside By HC

The Supreme Court on Friday (May 12) granted interim relief to BJP MLA from Arunachal Pradesh Dasanglu Pul, whose election to the assembly was declared void by the Gauhati High Court on April 25.While posting Pul's appeal for hearing on September 6, 2023, the Supreme Court ordered that no bye-election should be held in the constituency represented by her in the meantime. A bench...

Supreme Court Rebukes DRT Presiding Officer Chandigarh For Challenging P&H High Court Order

The Supreme Court on May 12 rebuked the Presiding Officer of Debts Recovery Tribunal Chandigarh for filing a special leave petition against an order of the Punjab and Haryana High Court. The DRT Presiding Officer approached the Court alleging that the High Court had passed adverse remarks against him affecting his credibility and reputation.A bench comprising Justices MR Shah and CT...

High Court Orders Assistant Controller General Of Patents To Undergo Course On Passing Judicial Orders At Delhi Judicial Academy

The Delhi High Court has directed an Assistant Controller General Of Patents to undergo a course on passing judicial orders at the Delhi Judicial Academy as it was “seriously disturbed” about an order passed by the officer while rejecting an application for grant of patent.Justice C Hari Shankar said that the order was nothing less than a “total mockery” of the functions which are...

'Not Someone To Retire, Will Start My New Innings': Justice MR Shah On Last Working Day

In the honour of Justice MR Shah, who is set to retire from his position as a Supreme Court judge today, a ceremonial bench headed by CJI DY Chandrachud was organised in the Supreme Court. While giving his final speech in the Supreme Court as a sitting judge, Justice MR Shah stated that he would soon be starting his "new innings". He said–"I am not a person to retire. I will start new...

PMLA | Accused Not Entitled To Bail In Money Laundering Case Merely Because Chargesheet Has Been Filed In Predicate Offence : Supreme Court

The Supreme Court has held that the mere fact that chargesheet has been filed for the predicate offences is not a ground to release the accused on bail in connection with the offences under the Prevention of Money Laundering Act.A bench comprising Justices MR Shah and CT Ravikumar allowed an appeal filed by the Directorate of Enforcement challenging the order passed by the Telangana High...

“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-VIII]

Q.36 Can a statement recorded as a “dying declaration” be treated as a “statement” under Section 164 (5) Cr.P.C. in case the declarant survives ? Ans. Yes. Where a statement is recorded by the Magistrate as a dying declaration and the maker thereof survives, the statement so recorded can be treated as a statement recorded under Section 164 Cr.P.C. and can be used...

Inquiry Proceedings Against Civil Servant Can Be Done Away With In National Security Interest : Supreme Court

Recently, the Supreme Court reiterated that inquiry proceedings of persons employed in civil capacities under the Union Government of the State Government can be done away with if the President or the Governor is satisfied that in the interest of security of the State it is not expedient to hold such an inquiry [clause (c) of second proviso to Article 311(2) of the Constitution of India]. A...