Supreme Court Monthly Digest: August 2021 [Citation LL 2021 SC 336 To LL 2021 SC 408]

1. Possible Apprehension Of Breach Of 'Law And Order ' Cannot Be A Ground For Preventive Detention[Case: Banka Sneha Sheela v. State of Telangana; Citation: LL 2021 SC 336]A Bench comprising Justice RF Nariman and Justice Hrishikesh Roy observed that a possible apprehension of breach of law and order cannot be a ground to detain a person under Preventive Detention Laws. It opined that...

Kerala Govt Moves Supreme Court Against HC Order Quashing Minority Scholarship Distribution To Muslims & Christians In 80:20 Ratio

Challenging the Kerala High Court's order which quashed the government scheme to provide minority scholarship to Muslims and Christians in 80:20 ratio, the State of Kerala has filed a Special Leave Petition in the Supreme Court.On May 28, a division bench of the Kerala High Court had set aside the 80:20 minority scholarship scheme, observing that the state has to treat both the...

"We Are A Team, Looking For A Harmonious Relationship Between Judiciary, Executive & Legislature": Law Minister Kiren Rijiju

"I am looking for a harmonious relationship between the judiciary, executive and the legislature. We all are working for our nation. We are a team. We are just different organs of our system, our state", Kiren Rijiju, Union Law Minister, said on Saturday. "We know we have a responsibility in the government of India to ensure that the judiciary is not only given full support but also give...

Supreme Court Issues Notice On Plea To Regulate Police Officers' Social Media Disclosures On Investigations

The Supreme Court on Friday issued notice in a writ petition seeking issuance of directions to the Centre for framing rules and regulations or guidelines to govern reporting and broadcasting of any news related to any criminal investigation by police officials on their personal and professional media accounts.The writ petition, filed under Article 32 of the Constitution, contended that...

'Citizens Are Entitled To Know What Goes On In The Court', Justice DY Chandrachud On Live-Streaming Of Court Proceedings

"We have formulated live streaming rules so that cases can be live-streamed, the hearings before a court can be live-streamed for the rest of the country. Because I do believe that citizens are entitled to know what goes on in the courts, they are entitled to know why cases are adjourned, whether judges sit from morning to evening in deciding cases. It is the basic right of the citizens to...

Courts In India Have Repeatedly Upheld Rights & Freedoms Of Individuals : CJI Ramana

The Chief Justice of India NV Ramana on Saturday said that the Courts in India have repeatedly upheld the rights and freedoms of individuals. "They(courts) stood up whenever the individuals or society are at the receiving end of the executive excesses. It is an assurance that the seeker of justice, howsoever weak, need not worry about the might of the State", the CJI said.The CJI was speaking...

Application For Certified Copy Has To Be Made Before Expiry Of Limitation Period To Claim Exclusion Under Sec 12 Limitation Act : Supreme Court

The Supreme Court observed that person wishing to file an appeal has to file an application for a certified copy before the expiry of the limitation period to avail benefit of exclusion of "time requisite" for obtaining a copy.If no application for a certified copy has been made, no exclusion can ensue, the bench of Justices DY Chandrachud, Vikram Nath and BV Nagarathna observed.The court...

OBC Quota Not 'Sucking Off' NEET-AIQ Seats; It Sets Off Social Inequality : DMK Tells Supreme Court

While stressing that the OBC candidates were denied thousands of seats in the NEET-All India Quota in the previous years, the Dravida Munnetra Kazhagam Party has urged the Supreme Court to dismiss the petitions filed by NEET aspirants challenging Centre's decision to grant OBC reservations of 27% in the NEET-AIQ.The directions have been sought through written submissions made by DMK in a batch...

The Concept Of 'Detention' Under Section 167 (2) Cr.P.C. And Its Scope, Range And Legality – Part - III [Webinar Video And Notes]

28. Whether the diary referred to in Sec. 167 (1) Cr.P.C. is the "case diary" or the "General Diary (G.D.)" and whether it should contain full and unabridged statements of persons examined by the police. "The diary referred to in Section 167 (1) Cr.P.C. is the "case diary" prescribed under Section 172 (1) Cr.P.C. (Vide Para 5 of In Re Raman Velu 1972 KLT 922 = ILR 1973 (1)...

Nomenclature Of Tax Does Not Determine Its Nature Of Levy Or True Character : Supreme Court

The Supreme Court on Friday held that the nomenclature ascribed to a tax does not determine the nature of the levy or its true and essential character. Holding so, the Court observed that the tax labelled as "water tax" or "sewerage tax" under the UP Water Supply and Sewerage Act is in substance a tax on land and buildings situated with the area of the Jal Sansthan authority. The Court...

Selected IAS Candidates Have No Right To Be Allocated To Cadre Of Their Choice Or To Home State: Supreme Court

The Supreme Court observed that selected IAS candidates have no right to be allocated to a cadre of their choice or to home state. The allocation of cadre is not a matter of right and the State has no discretion of allocation of a cadre at its whims and fancies, the bench of Justices Hemant Gupta and V. Ramasubramanian observed.The court also observed that consultation under Rule 5(1) of...

NCB Case Entirely Based On Inadmissible 'Voluntary' Statements & WhatsApp Chats : Aryan Khan's Bail Plea Before Bombay HC

In the application seeking bail in the cruise ship drugs case, Aryan Shahrukh Khan has told the Bombay High Court that the entire case of the Narcotics Control Bureau is based on "voluntary" statements given under Section 67 of the NDPS Act, which are inadmissible in evidence as per last year's Supreme Court judgment in the Tofan Singh case."...apart from inadmissible and illegally...