Power U/s 41A CrPC Cannot Be Used To Intimidate, Threaten Or Harass: SC Stays Police Summons To Delhi Resident For FB Post Against West Bengal Govt. [Read Order]

The Supreme Court has stayed a direction to a Delhi resident accused of making an 'objectionable' Facebook post against West Bengal Government, to appear before the Investigating Officer in West Bengal in response to a notice issued under Section 41A of the Code of Criminal Procedure."Cognizant as the Court is of the underlying principles which restrain the exercise of judicial review in...

Kerala Church Dispute: Supreme Court Dismisses Writ Petition Filed Against High Court Direction Handing Over Mulanthuruthy Church to Orthodox Group [Read Order]

The SC termed the writ petition 'misconceived'.

Supreme Court Reserves Order On IBBI's Plea Seeking Transfer Of HC Cases Challenging Personal Guarantors' Insolvency

The Supreme Court has reserved orders in pleas seeking transfer of petitions pending across High Courts, challenging the provisions of Insolvency & Bankruptcy Code pertaining to the issues of personal guarantors.A bench comprising Justices L Nageswara Rao, Hemant Gupta & Ajay Rastogi heard the matter.The plea had been filed by IBBI seeking transfer on the ground of multiplicity...

[Central Vista Case] Decision Making Process Totally Opaque; Values Of Transparency Overlooked : Shyam Divan In Supreme Court

"In a case which required the highest standard of scrutiny, the response of the government has been 'show us the law and we will show you how we complied with it'. They are taking to the Rule by Law rather than the Rule of Law! Everything from the conception and planning was done in an opaque manner, followed by a wiggly tender, intended to achieve a predetermined outcome! This case also challenges us as an institution! Is there a concept of democratic due process? What are its contours, its parameters? Where is it embedded- in the language of the Constitution, or the judgments of the Court?"

Supreme Court Stays FIR Registered Against Journalist Who Was Covering 2018 Bharat Bandh

The Supreme Court on Tuesday stayed an FIR registered against Yogesh Kumar Holkar, a journalist who had covered the 2018 Bharat Bandh protests in Morena, Madhya Pradesh.A Bench comprising of Justices Sanjay Kishan Kaul and Hrishikesh Roy issued notice in the plea and stayed further proceedings in pursuance to the FIR in question. Advocate Fuzail Ahmad Ayyubi, appearing on behalf...

Supreme Court Directs States To Ensure Supply Of Dry Ration To Sex Workers

The Supreme Court on Wednesday directed State Governments to follow the Standard Operation Procedure formulated by National AIDS Control Organisation (NACO) and to commence distribution of dry ration to sex workers. Further, the States have also been directed to file compliance reports pertaining to the implementation of schemes for the distribution of ration. Additionally, in order...

U'khand CM Trivendra Rawat Moves Supreme Court Against High Court Order Directing CBI Probe Into Corruption Allegations Against Him

Uttarakhand Chief Minister Trivendra Singh Rawat has moved Supreme Court challenging the Tuesday's (27th October) Judgment of Uttarakhand High Court which directed the Central Bureau of Investigation (CBI) to file an FIR and investigate the allegations of corruption levelled against Uttarakhand's Sitting Chief Minister Trivendra Singh Rawat by a journalist.(Umesh Sharma).As reported by PTI,...

Pre And Post-Summons Online Mediation, Summons Via SMS/WhatsApp, Disclosure Of Defence Before Trial [Read Amici Reports On Fast Disposal Of Cheque Cases]

Senior Advocate Sidharth Luthra and Advocate K Parameshwar, the amici curiae appointed by the Supreme Court to suggest steps to expedite the trial of cheque dishonour cases under Section 138 of the Negotiable Instruments Act, have submitted a preliminary report before the SC on October 11.Yesterday, a bench headed by the Chief Justice of India sought the responses of all High Courts to...

CBI Questions Mumbai Police FIR Against Sushant's Sisters; Calls It 'Bad In Law, Speculative'

In the case filed by Sushant Singh Rajput's sisters for quashing of FIR registered in relation to complaint against them by Rhea Chakraborty, Central Bureau of Investigation has filed a reply before the Bombay High Court and submitted that the FIR filed against the sisters is bad in law and can be quashed.The Central Agency has argued that since the Supreme Court specifically observed...

Supreme Court Declines Stay On Calcutta High Court Direction To Reduce Private School Fees By 20%

The Supreme Court on Wednesday refused to stay the directions passed by the Calcutta High Court whereby private schools were asked to reduce their fees by a minimum of 20% and to not hike fee for the financial year 2020-21.The apex court also left untouched the High Court direction that schools should not charge for non-essential services(such as laboratory, craft, sporting facilities...

Jammu Court Allows Deepika Rajawat's Anticipatory Bail Application Over FIR On Navratri Tweet

The Court of Principal Sessions Judge, Jammu has allowed the anticipatory bail application filed by Advocate Deepika Singh Rajawat in connection to a FIR registered against her over her tweets on the occasion of Navratri. Based on the arguments made by Rajawat's counsels, Senior Advocate PN Raina and Alok Bambroo, the Court of Judge Sanjeev Gupta has observed that she "deserves...

Trivial Procedural Lapses Not A Ground To Nullify SARFAESI Proceedings Initiated By Secured Creditor If No Substantial Prejudice Was Caused To Borrower: SC [Read Judgment]

The Supreme Court has observed that proceedings initiated under the SARFAESI Act by the Secured Creditors cannot be nullified merely on the ground of technical defects and procedural lapses unless substantial prejudice was caused to the defaulter. In this case, the Debt Recovery Tribunal quashed the demand notice served on the borrower under Section 13(2) of the Securitisation ...