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On Setting Aside Ex Parte Decree, Defendants Who Have Not Filed Written Statement Can Be Permitted To Cross Examine Witnesses: Supreme Court
The Supreme Court observed that on setting aside the exÂparte decree, the defendants can be permitted to participate in the suit proceedings and crossÂ-examine the witnesses.In this case, the defendants were set ex parte by the Trial Court. Their application under Order IX Rule 13 was also dismissed by the Trial Court. The First Appellate Court allowed the appeal filed by defendants and...
BREAKING| Supreme Court Requests Karnataka HC Judge, Who Made Revelations Of Transfer Threat, To Defer Hearing In Case Against ACB For 3 Days
The Supreme Court on Tuesday requested Justice HP Sandesh of Karnataka High Court, who has been passing several adverse remarks and directions against the Anti-Corruption Bureau of Karnataka, to defer the hearing in the case for three more days.A bench led by the Chief Justice of India made this request as the order passed by Justice Sandesh yesterday, where he recorded that he had received...
Breaking | Supreme Court Extends Mohammed Zubair's Interim Bail In UP FIR Till Further Orders, To Hear Quashing Plea In Sept
The Supreme Court on Tuesday extended the 5 days' interim bail granted to Mohammed Zubair, the co-founder of fact checking website AltNews, in connection with the FIR registered against him by the Sitapur police in Uttar Pradesh for a tweet in which he allegedly called 3 Hindu seers- Yati Narasinghanand Saraswati, Bajrang Muni and Anand Swaroop as 'Hate mongers'.The order was passed by a...
Mohammed Zubair's Plea Against UP Police FIR- Supreme Court Hearing LIVE UPDATES
Supreme Court will. consider a petition preferred by Mohammed Zubair, the co-founder of fact-checking website AltNews, challenging the Allahabad High Court's refusal to quash an FIR registered against him for a tweet in which he allegedly called 3 Hindu seers- Yati Narasinghanand Saraswati, Bajrang Muni and Anand Swaroop as 'Hate mongers'.The division bench of Justices DY Chandrachud and...
Tendering Of False Affidavit/Undertakings Can Amount To Contempt Of Court: Supreme Court
The Supreme Court observed that the tendering of affidavits and undertakings containing false statement would amount to contempt of court.A person who makes a false statement before the Court and makes an attempt to deceive the Court, interferes with the administration of justice and is guilty of contempt of Court, the bench comprising Justices UU Lalit and PS Narasimha observed.Last year,...
Bhima Koregaon Case : Supreme Court Extends Interim Protection Of Varavara Rao; Adjourns Bail Plea To July 19
The Supreme Court on Tuesday adjourned to July 19 the hearing of the petition filed by octogenarian P Varavara Rao seeking bail in the Bhima Koregaon case.A bench comprising Justices UU Lalit, S Ravindra Bhat and Sudhanshu Dhulia granted the adjournment at a request made by Solicitor General of India, Tushar Mehta.The SG requested for adjournment and agreed that the interim protection given...
Petition Under Article 227 Of Constitution Not To Be Entertained If Statutory Alternative Remedy By Way Of Appeal Is Available: Supreme Court
The Supreme Court observed that a writ petition/Revision Petition under Article 227 of Constitution of India ought not to be entertained when a statutory alternative remedy by way of an appeal is available.The bench comprising Justices MR Shah and BV Nagarathna observed thus while allowing the appeal against the order of the High Court of Madras which, in exercise of powers...
'State Disaster Response Fund Cannot Be Diverted' : Supreme Court Asks AP Govt To Revert To SDRF Diverted Amount
While hearing a plea alleging State of Andhra Pradesh has transferred funds from the State Disaster Response Fund (SDRF), from where the ex-gratia compensation is being disbursed to the kin of the person who have lost their lives to COVID-19, to its personal deposit (PD) account, the Supreme Court, on Monday, noted money from the SDRF cannot be diverted or used for any other purpose and it...
Separate Bail Application Not To Be Insisted When Accused Is Before Magistrate Under Sections 88,170, 204, 209 CrPC: Supreme Court
The Supreme Court observed that a separate bail application need not be insisted while considering the application under Section 88, 170, 204 and 209 of the Code of Criminal Procedure."There need not be any insistence of a bail application while considering the application under Section 88, 170, 204 and 209 of the Code", a bench comprising Justices SK Kaul and MM Sundresh ordered.Section 88...
Set-Off Under Section 428 CrPC Can't Be Claimed For Detention Undergone For Offence In Foreign Country : Supreme Court In Abu Salem's Case
The Supreme Court, on Monday, held that law pertaining to setting-off of the period of detention undergone by accused against their sentence under Section 428 of the Cr.P.C. would not have extra-territorial application to trial and conviction, when the same have taken place for a local offence in a different country. It reiterated that the accused cannot claim a double benefit under...
Unexplained, Avoidable & Prolonged Delay In Concluding Trial, Appeal Or Revision Would Be A Factor For Consideration Of Bail: Supreme Court
While passing a slew of directions to the Investigating Agency as well as the Courts with respect to the bail system prevalent in the country, on Monday, the Supreme Court held that an unexplained, avoidable and prolonged delay in concluding a trial, appeal or revision would be a factor for consideration of bail. A Bench comprising Justices Sanjay Kishan Kaul and M.M. Sundresh noted...