Can High Court Grant Bail In NDPS Cases Without Reference To The Conditions Provided Under Section 37 of NDPS Act? Supreme Court To Examine

The Supreme Court has issued notice in a plea challenging the order of the Jharkhand High Court which had granted bail without considering the provisions of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("NDPS Act"). Additional Solicitor General, Mr. Sanjay Jain appearing on behalf of the Union Government informed a Bench comprising Justices DY Chandrachud...

'It Is The Duty Of HC To See Matters Are Taken Up And Decided': SC Says In A Case Where A 79-Year-Old Woman Faced 15 Adjournment In A Domestic Violence Matter

In a matter where 15 adjournments were granted by the Bombay High Court, the Supreme Court has observed that being a Constitutional Court it is the duty of the High Court to see that the matters are taken up and decided.While finding it 'problematic' to examine what kind of direction to issue to the High Court, a Bench comprising Justice SK Kaul and Justice MM Sundresh observed that...

Supreme Court Quashes FIR, Registered Under IPC And SC And ST (Prevention Of Atrocities) Act, Based On Affidavit Of De Facto Complainant

The Supreme Court, on Friday, quashed an FIR, which was registered for offence punishable under Section 323, 504, 506 of the Indian Penal Code and Section 3(1)(s), 3(2)(va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, based on the submissions made in the affidavit filed by the de facto complainant before it. Taking note of the affidavit filed by...

Supreme Court Issues Notice On MediaOne Channel's Plea Challenging Centre's Telecast Ban

The Supreme Court on Thursday issued notice in the special leave petition filed by MediaOne assailing Kerala High Court's order of upholding the recent ban imposed on it by the Ministry of Information and Broadcasting. The bench of Justices DY Chandrachud, Surya Kant and Vikram Nath posted the matter for next Tuesday (March 15) to consider the prayer for interim relief. The bench also...

Without Public Debates & Awareness About Political Rights, There Would Be No Democracy : Justice Nageswara Rao

Speaking at the Soli J Sorabjee 1st Excellence Award & Scholarship and Inaugural Memorial Lecture, Justice Nageswara Rao on Wednesday said that the Supreme Court of India, through all its judgements relating to fundamental rights and freedom of speech, has protected free speech so that every individual should be given opportunity to openly discuss about the issues.Justice Rao was speaking...

Section 122 CrPC - Executive Magistrate Can Order Detention Of Person For Breach Of Bond Given For Good Behaviour : Supreme Court

While upholding an order of detention passed by an Executive Magistrate, the Supreme Court has explained the scheme of Chapter VII of the Code of Criminal Procedure which contains provisions relating to bond for keeping peace and good behaviour and also the consequences flowing from the breach of such bond.The Court explained the provisions as follows :Chapter VIII of Cr.P.C. confer powers to...

Section 436A CrPC Setting Cap For Pre-Trial Custody Applicable To PMLA Offences, Says Supreme Court At Hearing

The Supreme Court on Wednesday orally observed that Cr. P. C. section 436A is an independent scheme under the Cr. P. C. dealing with specific situations, which has not been modified by the Prevention of Money Laundering Act, and therefore section 436A will also apply under the PMLA regime by virtue of section 65 of the PMLA.The Court told Solicitor General of India Tushar Mehta that though...

Employee Can't Claim ACP Benefits On The Ground That It Is More Beneficial Than MACP Scheme : Supreme Court

The Supreme Court has set aside a judgment of the Delhi High Court which directed for applying the Modified Assured Career Progression (MACP) Scheme in the Delhi Development Authority with effect from January 1, 2006.The bench of Justices UU Lalit, SR Bhat and Bela M Trivedi was considering SLP assailing Delhi High Court's order of directing to extend the MACP benefits to the Delhi...

Section 34 IPC: Immaterial Whether Accused Used Weapon Or Caused Injury If 'Common Intention' To Kill Deceased Is Established: Supreme Court

The Supreme Court observed that once it is established that all the accused came at the place of incident with a common intention to kill the deceased, it is immaterial whether any of the accused who shared the common intention had used any weapon or not and/or any of them caused any injury on the deceased.In this case, the Trial Court held all the accused guilty for the offences punishable...

'Merger Construed Erroneously' : Goa Congress Chief Moves Supreme Court Against HC Upholding Speaker's Decision To Not Disqualify 10 MLAs Who Joined BJP

Goa Congress Chief Girish Chodankar has moved the Supreme Court of India challenging the Bombay High Court's order upholding order passed by the Speaker of Goa Legislative Assembly dismissing his petition seeking disqualification of 12 Goa MLAs who had defected to the BJP in 2019The special leave petition has argued that the High Court has committed a grave error in upholding the order of...

Courts This Week- A Weekly Round Of Important Legal Developments In The Country [Episode-106]

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BREAKING| Supreme Court Grants Bail To Perarivalan, Rajiv Gandhi Assassination Case Convict, Who Has Been In Jail For 32 Years

The Supreme Court on Wednesday granted bail to AG Perarivalan, one of the seven convicts serving life sentence in the case related to the assassination of former Prime Minister Rajiv Gandhi in 1991.Taking note of the fact that Perarivalan has been in jail for nearly 32 years, a bench comprising Justice L Nageswara Rao and Justice BR Gavai granted bail to him."Taking into account the fact that...