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...

"Democracy Can Never Be A Police State ": Supreme Court Stresses Importance Of Bail; Issues Guidelines To Prevent Unnecessary Arrest & Remand

In a landmark judgment, the Supreme Court stressed the importance of the rule "bail over jail" and issued a slew of guidelines to prevent unnecessary arrest and remand.The judgment in the case Satender Kumar Antil versus Central Bureau of Investigation, delivered by a bench comprising Justices Sanjay Kishan Kaul and MM Sundersh, acknowledged that jails in India are flooded with...

Accused Entitled To Bail If Arrest Was In Breach Of Sections 41, 41A CrPC : Supreme Court

The Supreme Court observed that any non-compliance of Section 41 and 41A of Criminal Procedure Code at the time of arrest would entitle the accused for grant of bail.The bench comprising Justices Sanjay Kishan Kaul and MM Sundresh observed that Section 41 and 41A are facets of Article 21 of the Constitution of India."The investigating agencies and their officers are duty-bound to comply with...

Secure Vijay Mallya's Presence To Undergo Imprisonment In Contempt Case : Supreme Court Directs Centre

The Supreme Court has directed the Ministry of Home Affairs to secure the presence of fugitive businessman Vijay Mallya to serve the 4 months imprisonment imposed on him for contempt of court.In an order pronounced today, a bench led by Justice UU Lalit had imposed a sentence of 4 months imprisonment and a fine of Rs 2000 on Mallya for committing contempt of country by willful disobedience...

Likelihood Of Divergence Of Views Cannot Be A Ground For Transfer Under Article 139A Of Constitution : Supreme Court

The Supreme Court observed that the likelihood of divergence of views cannot be a ground for transfer under Article 139A of the Constitution of India.The bench comprising Justices Dinesh Maheshwari dismissed the Transfer petitions under Article 139A(1) read with Order XL of the Supreme Court Rules, 2013, filed by Union of India and other parties who prayed for transfer of various writ...

Supreme Court Affirms Dismissal Of Sessions Judge For Altering Sentence In A Murder Case

The Supreme Court on Monday dismissed a writ petition filed by an Additional Sessions Judge from Madhya Pradesh challenging the termination of her service for passing a wrong judicial order while on probation.The Court held that there was "nothing wrong" in the decision of the State of Madhya Pradesh to terminate the services of the judge on a recommendation made by the Full Court of the...

Supreme Court To Hear Plea To Stop Attacks Against Christians On July 15

The Supreme Court on Monday adjourned the petition preferred Archbishop Of Bangalore Diocese Dr. Peter Machado along with the National Solidarity Forum, the Evangelical Fellowship of India seeking directions to stop the attack against Christian communities and their institutions in the country for Friday (July 15, 2022) The matter was listed before the division bench of Justices...

Supreme Court Weekly Digest With Nominal Subject/Statute Wise Index (July 1 - July 10, 2022)

Code of Civil Procedure, 1908 - One First Appeal filed by defendant against a common judgment disposing two suits - An application (CLMA) seeking permission to file a single appeal assailing the common judgment alongwith two separate decrees filed - The first appeal admitted by High Court - A decade later, the High Court without passing any order on the said CLMA, at the time of hearing...

Karnataka ACB Moves Supreme Court Against Adverse Remarks & Directions Of High Court

The Anti-Corruption Bureau of Karnataka has approached the Supreme Court against certain adverse observations made by a single judge of the Karnataka High Court.The ACB Chief ADGP Seemant Kumar Singh had become the centre of controversy last week after Justice HP Sandesh of the High Court made a sensational statement in the open court that he received indirect threats of transfer after...

Person Who Secures Appointment On The Basis Of A False Caste Certificate Cannot Be Permitted To Retain Benefit Of Wrongful Appointment : Supreme Court

The Supreme Court observed that when a person secures appointment on the basis of a false caste certificate, he cannot be permitted to retain the benefit of wrongful appointment.In this case, the employee obtained a Caste Certificate showing him to be "Halba" Scheduled Tribe from the Deputy Collector, Durg and on the basis of the said certificate, joined service as a Management...

Karnataka HC Judge Records In Written Order The Threat Of Transfer Received From Sitting Judge For Passing Orders Against ACB Chief

Justice H P Sandesh of the Karnataka High Court, who made a sensational revelation last week that he had received an indirect threat of transfer for passing orders against the head of Anti Corruption Bureau(ACB) Seemanth Kumar Singh ADGP, recorded the threat in a written order on Monday.The judge recorded in his order that he was given an indirect threat of transfer by a sitting judge during...

Sidhu Moosewala Murder : Want To Investigate Lawrence Bishnoi's Conspiracy With Accused In Foreign, Punjab Govt Tells Supreme Court

The State of Punjab on Monday told the Supreme Court that the police wants to investigate the conspiracy by alleged gangster Lawrence Bishnoi with an accused in foreign in connection with the murder of Punjabi singer Sidhu Moosewala.Senior Advocate Dr Abhishek Manu Singhvi, appearing for the State of Punjab, made this submission in a plea preferred by the father of Lawrence Bishnoi...