Supreme Court Collegium Recommends Transfer Of Gujarat HC Judge Justice Vipul M Pancholi On September 29; Resolution Published Now

The Supreme Court Collegium has recommended the transfer of Gujarat High Court judge Justice Vipul M Pancholi to Patna High Court.The decision, which was taken at a Collegium meeting held on September 29, was uploaded on the Supreme Court website today."The Supreme Court Collegium in its meeting held on 29th September, 2022 has recommended transfer of Mr. Justice Vipul Manubhai Pancholi,...

Maharashtra Govt Withdraws Petition Filed In Supreme Court Challenging HC Order Staying FIRs Against Arnab Goswami

The State of Maharashtra on Monday withdrew its petition challenging the Bombay High Court's 2020 order which had stayed probe into two FIRs filed against Republic TV Editor-in-Chief Arnab Goswami for allegedly making inflammatory comments. The petition had been listed before a bench of CJI DY Chandrachud and Justice Hima Kohli. The counsel for the State said that the order of the Bombay...

Fake Pharmacists & Doctors : Supreme Court Expresses Worry About Conditions Of Hospitals In Bihar

The Supreme Court on Monday came down heavily on the Government of Bihar for allowing persons without the necessary qualifications to discharge the functions of a pharmacist in several state-run hospitals. The Bench, comprising Justices M.R. Shah and M.M. Sundresh, was hearing a petition highlighting the perils of entrusting untrained personnel with the responsibility of...

Supreme Court Refuses To Stay Kerala HC Judgment Setting Aside Appointment Of Dr Riji John As KUFOS VC

The Supreme Court on Monday issued notice on a petition filed by Dr. K Riji John challenging the Kerala High Court's judgment which set aside his appointment as the Vice-Chancellor of Kerala University of Fisheries and Ocean Studies (KUFOS).A bench comprising Chief Justice of India DY Chandrachud and Justice Hima Kohli however refused to stay the High Court's judgment and posted the matter...

Adult Female Member Of Family Not Competent To Accept Summons? Supreme Court Issues Notice On Plea Challenging Section 64 CrPC

The Supreme Court of India issued notice to the Central Government in a plea challenging Section 64 of the Code of Criminal Procedure on the ground that the said section discriminated against women by treating female members of a family incapable of accepting summons on behalf of the person summoned. The matter was heard by a bench comprising Chief Justice DY Chandrachud and Justice Hima...

Morbi Bridge Collapse : Supreme Court Allows Petitioners Seeking Independent Probe To Raise Issues Before Gujarat High Court

Taking note of the fact that the Gujarat High Court has already taken suo motu cognisance of the Morbi bridge collapse which took place on October 30 leaving 141 people dead, the Supreme Court on Monday refused to entertain two petitions which sought for independent probe into the tragedy.The Court however granted liberty to the petitioners to approach the High Court to raise their issues,...

Questions & Answers By Justice V. Ramkumar- Investigation By Police-PART VII

A1. INVESTIGATION BY THE POLICE – Part VIIQ.31 Should the Magistrate to whom the FIR is forwarded by the SHO under Section 157 Cr.P.C., bound to note the date and time of receipt of the FIR ? Ans. Yes, particularly in heinous crimes like murder etc. (Vide para 8 of Bijoy Singh v. State of Bihar (2002) 9 SCC 147 = AIR 2002 SC 1949 – R. P. Sethi, D. M. Dharmadhikari - JJ).Q.32 ...

Presumption Under Section 139 NI Act Includes A Presumption That There Exists A Legally Enforceable Debt Or Liability : Supreme Court

The Supreme Court reiterated that the presumption under Section 139 of Negotiable Instruments Act includes a presumption that there exists a legally enforceable debt or liability.In this case, the Trial Court dismissed a cheque bounce complaint on the ground that the complainant was not able to adduce sufficient evidence that he was in a position to advance a loan of Rs. 9 lakhs to the...

Bench Of CJI Chandrachud, Justices Ajay Rastogi & Ravindra Bhat To Hear Chhattisgarh NAN Scam Matter

Amid objections raised regarding the listing of the Chhattisgarh NAN Scam matter before Justice MR Shah, Chief Justice of India DY Chandrachud on Monday said that a bench comprising himself, Justice Ajay Rastogi and Justice S Ravindra Bhat will hear the matter.The State of Chhattisgarh had taken objection to the matter getting listed before a bench presided by Justice MR Shah after the...

Neutral Substance Quantity Cannot Be Ignored While Labelling Contraband Recovered As 'Small' Or 'Commercial' Quantity : Supreme Court

The Supreme Court reiterated that neutral substance quantity cannot be ignored while labelling the quantity of contraband recovered as 'small quantity' or 'commercial quantity'.In this case, the Kerala High Court (in the impugned judgment that was delivered in 2007) had relied on its earlier judgment in E. Micheal Raj V. Intelligence Officer, Narcotic Control Bureau 2005(2) Crimes 181...

'Discretion' Has No Place In Contractual Matters Unless It Is Expressely Incorporated In Contract : Supreme Court

The Supreme Court observed that discretion has no place in contractual matters unless the parties have expressly incorporated it as a part of the contract."The rights and duties of the parties to the contract subsist or perish in terms of the contract itself. Even if a party to the contract is a governmental authority, there is no place for discretion vested in the officers administering...

Supreme Court Weekly Round-Up: November 14 To November 20, 2022

JUDGMENTS THIS WEEK Section 439(2) CrPC - Bail Cannot Be Cancelled Merely For Any Perceived Indiscipline By Accused Before Granting Bail : Supreme Court Bhuri Bai vs State of Madhya Pradesh | 2022 LiveLaw (SC) 956 | CrA 1972 of 2022 The Supreme Court observed that cancellation of bail cannot be ordered merely for any perceived indiscipline on the part of the accused before...