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"Right To Protest Cannot Be Any Time And Everywhere"; Supreme Court Dismisses Review Petition Against 'Shaheen Bagh' Judgment
Supreme Court has dismissed the review petition filed against the Shaheen Bagh Judgment in which it is held that the demonstrations expressing dissent have to be in designated places alone.Dismissing the review petition Justices Sanjay Kishan Kaul, Aniruddha Bose and Krishna Murari held that the right to protest cannot be anytime and everywhere."We have considered the earlier...
Justice Pushpa Ganediwala, Author Of Controversial POCSO Judgment, Not Made Permanent Judge; To Continue As Additional Judge Of Bombay HC
Accepting the revised recommendation made by the Supreme Court Collegium to not make Justice Pushpa V Ganediwala of the Bombay High Court a permanent judge, the Ministry of Law and Justice has extended her term as an additional judge.A notification issued by the Ministry says that Justice Ganediwala will continue as an additional judge for one more year, from February 13.The judge of the...
Mere Absence Of Doctor's Certification Would Not Ipso Facto Render Dying Declaration Unacceptable: Supreme Court
The Supreme Court reiterated that mere absence of doctor's certification as to the fitness of the declarant's state of mind would not ipso facto render the dying declaration unacceptable.The contention of the accused in this case was that the conviction is solely based on the dying declaration of the deceased which finds no corroboration. It was contended that the doctor's certificate was...
Consent By Majority Of Unit Holders Who Participated In Poll Is Sufficient For Winding Up Mutual Fund Schemes: Supreme Court
The Supreme Court observed that, for the purpose winding up Mutual fund schemes, the 'consent of the unitholders' stipulated under Regulation 18(5)(C) of the SEBI (Mutual Funds) Regulations, would mean consent by majority of the unit holders who have participated in the poll, and not consent of majority of all the unitholders of the scheme. "The underlying thrust behind Regulation 18(15)(c)...
Office Of Profit : Supreme Court Issues Notice On Plea To Direct Election Commission To Give Opinion On Disqualification Of 12 Manipur MLAs
The Supreme Court has on Friday issued notice on a writ petition seeking a direction to the Election Commission of India to submit its opinion to the Governor of Manipur to enable the expeditious disposal of the petition regarding the disqualification of 12 Members of the Manipur Legislative Assembly have incurred disqualification under Article 192 of the Constitution of India for...
Grant Of Leave For Compounding Offences At Appellate Stage Is Not Automatic On Settlement Between Accused & Victim: Supreme Court
The grant of leave as contemplated by Section 320(5) of the Code of Criminal Procedure is not automatic nor it has to be mechanical on receipt of request by the accused which may be agreed by the victim, the Supreme Court observed.The bench comprising Justices Ashok Bhushan and Ajay Rastogi observed thus while rejecting a plea seeking compounding of offences of two police officers accused in...
Custodial Violence Unacceptable In Civilized Society: Supreme Court Rejects Plea Of Police Officers Seeking Compounding In View Of Settlement
The Supreme Court refused the plea seeking compounding of offences of two police officers accused in a custodial violence case.Though considering their age, the sentence was reduced, the bench comprising Justices Ashok Bhushan and Ajay Rastogi enhanced the compensation to to Rs.3.5 lacs each in addition to compensation awarded by the High Court to be paid to the legal heirs of the...
Munawar Faruqui Case : Madhya Pradesh High Court Grants Ad-Interim Bail To Co-Accused Prakhar Vyas And Edwin Anthony
The Madhya Pradesh High Court(Indore Bench) on Friday granted ad-interim bail to Prakhar Vyas and Edwin Anthony, colleagues of Munawar Faruqui who were arrested on January 2 for allegedly hurting religious sentiments during a stand-up comedy show.A single bench of Justice Rohit Arya granted them ad-interim bail while issuing notice on the bail applications filed by them. Munawar Faruquri...
Supreme Court Seeks Andhra Pradesh Response On Odisha's Contempt Plea Over Kotiya Villages Dispute
The Supreme Court on Friday sought for the response of the State of Andhra Pradesh in a contempt plea filed by the State of Odisha alleging that the former had taken over certain villages belonging to the former in violation of an order of the Apex Court. A Bench headed by Justice AM Khanwilkar heard the matter and directed Advocate Mahfooz A. Nazki, appearing on behalf of Andhra...
Supreme Court Defers Balwant Singh Rajoana's Plea For Death Penalty Commutation By 6 Weeks
The Supreme Court on Friday deferred the hearing on the petition filed by death row convict Balwant Singh Rajoana seeking commutation of death penalty, after the Central Government requested the bench to await the decision of the President of India on his mercy petition.The Solicitor General of India, Tushar Mehta, informed a bench headed by the Chief Justice of India that the government...
Supreme Court Upholds Validity Of E-Voting Process For Winding Up Of Franklin Templeton's Six Mutual Fund Schemes
Supreme Court has on Friday negated all objections and upheld the validity of e-voting process for winding up of six mutual fund schemes of Franklin Templeton. The Court has directed the disbursement of funds to be done in terms of its previous orders. The Court has observed that for the purpose of clause (c) to Regulation 18(15), consent of the unitholders would mean consent by...
"Officers Are In League With Assesses": Supreme Court Pulls Up Central Govt. Over Delay In Filing Revenue Appeals By Govt.
The Supreme Court on Wednesday pulled up the Union of India for its trend of filing appeals before the court in revenue matters with gross delay.The bench of Justices DY Chandrachud and MR Shah was hearing an appeal u/s 35 L of Central Excise and Salt Act, 1944 by the Commissioner of Central Excise and Sales Tax, Surat against a CESTAT order, which had been filed with a delay of 536...