Counsel/Amicus Curiae Who Appeared For Deceased-Appellant Cannot Be Treated As 'Near Relative' For Continuance Of Appeal U/Sec 394 CrPC : Supreme Court

The Supreme Court observed that an amicus curiae who was appearing for deceased appellant cannot be treated as 'near relative' under Section 394 CrPC for the purpose of continuance of appeal.The bench comprising Justices Vineet Saran and Aniruddha Bose noted that a criminal appeal filed by a convict will abate on his death if no application for leave to continue the appeal is made within 30...

Substitution Of A Provision Results In Its Repeal; Pre-Deposit Mandatory Under Section 129E Customs Act : Supreme Court

The Supreme Court has held that the benefit of the first proviso to Section 129E of the Customs Act, 1962 before substitution, whereby the Appellate Tribunal was vested with the power to dispense with the deposit of the penalty amount to be made during the pendency of appeal, could not be extended to the appellants who had filed appeal after the provision was substituted by the new...

Bihar To Amend Liquor Prohibition Law After Supreme Court's Concerns About Surge In Arrests & Bail Pleas

The State of Bihar on Tuesday informed the Supreme Court that it is proposing to amend the Bihar Prohibition Act in the light of the concerns expressed by the Court earlier regarding the law leading to a surge in arrests, which in turn led to the clogging of the Courts with bail applications.Last week, the Court had asked the State of Bihar to inform it about the legislative impact...

Can't Segregate Armed Forces On Caste Basis : Supreme Court On Plea For SC/ST Reservation In NDA

The Supreme Court on Tuesday (March 8) expressed disinclination to deal with a plea seeking reservation for Scheduled Caste, Scheduled Tribe, and Other Backward Classes in the National Defence Academy (NDA).A bench comprising Justice Sanjay Kishan Kaul and Justice MM Sundersh said that it was dealing with the issue of women induction in NDA and clarified that it was not going to deal with...

Kerala State Road Transport Corporation Moves Supreme Court Against Fuel Price Hike By Oil PSUs For Bulk Purchasers

The Kerala State Road Transport Corporation has moved the Supreme Court of India challenging decisions taken by the State-owned Oil Marketing Companies, relating to increase in fuel prices sold to bulk purchasers. The petitioner has argued that the decision of the State-owned Oil Marketing Companies to increase the price of diesel sold in bulk, only to the Corporation , which is...

Girls Will Be Admitted In Rashtriya Military Schools From 2022-23 Academic Year : Centre Tells Supreme Court

The Central Government on Tuesday informed the Supreme Court that girls will be admitted in Rashtriya Military Schools(RMS) with effect from 2022-2023 academic year.With respect to admission to RMS, which operates as all boys schools and acts as the institution providing education to the wards of the Indian soldier, the Bench observed that the affidavit had provided assurance to induct women...

PMLA Interpretation - 2018 Amendment Has Revived The Twin Conditions For Bail Which Were Struck Down : Solicitor General Tells Supreme Court

The Supreme Court on Tuesday resumed hearing the string of petitions challenging the constitutionality of several provisions of the PMLA Act.When Solicitor General Tushar Mehta, on Tuesday, sought to address the bench on the validity of section 45 of the PMLA, Justice A. M. Khanwilkar indicated that the first question is whether the provision, which was struck down by the Supreme Court in...

Supreme Court Seeks Records Of 2021 Senior Designations From Punjab & Haryana HC On Lawyers' Challenge

The Supreme Court on Tuesday called for the records from the Punjab and Haryana High Court in relation to the senior designation conferred to 19 advocates last year.A Bench comprising Justice UU Lalit, Justice Ravindra Bhat and Justice PS Narasimha was considering a writ petition filed by three advocates challenging the senior designation process followed by the High Court. During the...

Order XXI Rule 34 CPC Cannot Be Diluted; Execution Court Has Duty To Invite Objections From Judgment Debtor To Draft Document/Deed : Supreme Court

The Supreme Court observed that the provisions of Order XXI Rule 34 of the Code of Civil Procedure cannot be diluted and it has to invite objections from the judgment debtor to the draft deed/document submitted by the decree holder."The departure from the provisions can have highly deleterious consequences not merely qua the parties in question but also persons who come to deal with those...

In A First, Navy Decides To Induct Women Cadets From NDA : Centre Tells Supreme Court

The Central Government on Tuesday informed the Supreme Court that the Indian Navy has decided to induct women cadets from the National Defence Academy in three branches.Navy has decided to induct women in three branches through NDA - education, logistics and Naval Armament Inspectorate- the Court noted after reading the affidavit of the Central Government.A bench comprising Justice Sanjay...

Mere Existence Of Vacancy Per Se Will Not Create Right In Favour Of Employee For Retrospective Promotion: Supreme Court

The Supreme Court observed that mere existence of vacancy per se will not create a right in favour of an employee for retrospective promotion.The promotion to a post should only be granted from the date of promotion and not from the date on which vacancy has arisen, the bench comprising Justices Sanjay Kishan Kaul and MM Sundresh observed.M.S. Poonam, who was holding the post of...

Supreme Court Weekly Digest With Nominal, Subject Wise And Statute Wise Index [March 1 to 7]

SUBJECT INDEX Administrative Law - Natural Justice - Importance of natural justice and an opportunity of hearing to be afforded to the affected party in any administrative or quasi­ judicial proceedings. (Para 28) 2022 LiveLaw (SC) 226 CISF Rules, 2001 ; Rule 52 - Appellate power under Rule 52 of the CISF Rules, 2001, cannot be equated with power of judicial review exercised...