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Supreme Court Dismisses PIL Seeking Quashing Of FIRs Over Use Of Firecrackers During Diwali
The Supreme Court today dismissed a Public Interest Litigation which sought to quash the FIRs filed over the use of firecrackers during Diwali. The bench of Justices MR Shah and BV Nagarathna while dismissing the writ petition observed that, "No such relief quashing FIR's can be granted in exercise of powers under Article 32 of the Constitution." Remarking that the aggrieved accused...
Magistrate Shall Not Entertain Application U/s 156(3) CrPC If It Is Not Supported By Complainant's Affidavit: Supreme Court
The Supreme Court observed that a Magistrate cannot entertain an application under Section 156 (3) of the Code of Criminal Procedure, when the complaint was not supported by an affidavit.With such a requirement, the persons would be deterred from causally invoking authority of the Magistrate, under Section 156 (3) of the Cr.P.C. In as much as if the affidavit is found to be false, the...
Hijab Not Essential Practice Of Islam, Karnataka AG Says; What Was Necessity Of Saying This In GO, Asks High Court?
A Full Bench of the Karnataka High Court today heard Advocate General Prabhuling Navadgi on behalf of the State, in the petitions filed by Muslim girl students, who have challenged the action of a government college in denying their entry for wearing a hijab (headscarf).Navadgi told the Bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice JM Khazi that he...
Prior Criminal History, Conduct & Behaviour In Jail, Possible Danger To Society, Etc. Are Relevant Considerations While Considering Premature Release Plea: Supreme Court
The Supreme Court observed that applicant's prior criminal history, conduct and behaviour in jail, possible danger to society, etc. are relevant considerations while considering an application for premature release.Such an application has to be considered on the basis of the policy as it stood on the date when the applicant was convicted of the offence, the bench comprising Justices...
Hijab Ban- Karnataka High Court Full Bench Hearing(Day 6)- LIVE UPDATES
Karnataka High Court Full Bench will continue hearing on a batch of petitions challenging the hijab ban in educational institutions.The matter is before a bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice JM Khazi will hear the petitions today at 2.30 PM.On Friday the Court requested the State to re-open the educational institutions at the earliest and...
'Trial Not Going To End In 10 Years; 185 Witnesses To Be Examined' : Indrani Mukerjea Seeks Bail In Sheena Bora Murder Case; SC Issues Notice
On Friday, the Supreme Court issued notice in the bail plea filed by INX Media co-founder and socialite Indrani Mukerjea, the prime accused in the Sheena Bora murder case. On hearing Senior Advocate, Mr. Mukul Rohatgi appearing for Ms. Mukerjea, a Bench comprising Justices L. Nageswara Rao and P.S.Narasimha agreed to entertain her bail plea. "Issue Notice. Returnable in...
Supreme Court Dismisses BJP Members' Petition Challenging Increase Of Seats In Mumbai Corporation
The Supreme Court on Friday dismissed a petition challenging the Maharashtra Ordinance which increased the electoral seats in the Municipal Corporation of Greater Mumbai from 227 to 236.A bench comprising the Chief Justice of India NV Ramana, Justice AS Bopanna and Justice Hima Kohli dismissed the petition filed by members of the Bharathiya Janata Party (BJP) Abhijit Samant and...
Minority Rights - Whether Department Can Insist On Teachers Working In Minority Institution To Pass Teachers Eligibility Test? Supreme Court To Consider
The Supreme Court on Monday agreed to consider whether the department can mandatorily insist teachers working in Minority Aided Institutions to pass Teachers Eligibility Test.The bench of Justices MR Shah and BV Nagarathna also agreed to consider as to whether providing such a qualification would effect any of the rights of the minority institution guaranteed under the Constitution of...
Can Two Degrees Obtained Simultaneously Be Considered For Employment Purposes? Supreme Court To Consider
On Monday, the Supreme Court issued notice in the plea seeking the indulgence of the Apex Court to decide whether two degrees obtained simultaneously, during the same academic year, can be considered for employment purposes. A Bench comprising Justices K.M. Joseph and Hrishikesh Roy entertained an appeal assailing the order of the Madhya Pradesh High Court, which dismissed...
Over 60% Vacancy In A District Hospital 'Disturbing Scenario' : Supreme Court Asks UP Govt To Show Position Of Posts In All District Hospitals
The Supreme Court recently observed that vacancy positions of 62% and 70% of male and female doctors/ attendants particularly in District Hospital, Sambhal was a "very disturbing scenario". The observation was made by the bench of Justices SK Kaul and MM Sundresh while considering the SLP assailing Allahabad High Court's order dated September 9, 2021 of refusing to grant bail to Hazi...
'Intelligible Differentia' : Supreme Court Upholds State Policy To Deny Bonus Marks To NRHM/NHM Employees In Other States
The Supreme Court has observed that the Top Court's interference is not required in policy decision when a State is in a position to point out that there is intelligible differentia in application of policy and that such intelligible differentia has a nexus with the object sought to be achieved. The bench of Justices LN Rao and BR Gavai was considering appeal assailing Rajasthan...