Hearing Of Accused Necessary When Cognizance Taken After BNSS Came Into Force, Though Complaint Filed Earlier: Supreme Court

The Supreme Court recently held that where a Magistrate applied judicial mind and found a prima facie case only after the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) came into force, cognizance is deemed to have been taken on that date. The accused, therefore, had to be heard first, as the proviso to Section 223 of the BNSS requires.A bench of Justice JB Pardiwala and Justice K Vinod...

Antilia Bomb Scare Case: Special Court Criticises NIA For 'Incompetence', Questions Why Statements Of Ambani Family Not Recorded

While ordering release of controversial cop Sachin Waze in the Antilia Bomb Scare Case, a special court on Tuesday (September 29) criticised the National Investigation Agency (NIA) for its 'incompetence' in handling the case by waiting for a 'Shubh Muhurat' to record statements of Industrialist Mukesh Ambani and his family members, whom the agency claims, the accused wanted to...

Accused Entitled To Seek Production Of Prosecution's Unrelied Documents At Appropriate Stage In Trial : Supreme Court

The Supreme Court has clarified the manner in which an accused can seek access to documents seized during investigation but not relied upon by the prosecution, holding that while an accused is entitled to documents available with the prosecuting agency to shape his defence, the stage at which such documents can be sought would depend on the nature of the documents.The Court made the...

Curative Plea In Supreme Court Seeks Recall Of CEC Law Verdict Citing Justice SC Sharma's Son's Association With ECI

A curative petition has been filed before the Supreme Court seeking recall of the September 23 split verdict on the validity of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. The plea comes in the wake of judicial propriety concerns arising from the discovery that the son of Justice Satish Chandra Sharma, who...

Preventive Detention Can't Be Solely Based On Custodial Confession: Supreme Court

The Supreme Court today(September 29) held that authorities can't pass a preventive detention order solely relying on the confessional statement of the accused. It thereby quashed the detention of Mulla Afroz, who was accused of being the mastermind behind the 2024 Sambhal violence, under the National Security Act, 1980."Therefore, we are of the considered opinion that a confessional...

O. 2 R. 2 CPC | Omitted Relief Remains Barred Despite Order 23 Liberty To File Fresh Suit : Supreme Court

The Supreme Court on Tuesday (September 29) has observed that an injunction suit simpliciter filed without the Court's leave under Order 2 Rule 2 of the Code of Civil Procedure, while omitting the relief of specific performance, cannot be withdrawn to file a fresh suit seeking that omitted relief under Order 23 Rule 1 of the CPC. The Court held that even where leave to file a fresh suit...

Supreme Court Questions Registry For Deleting CAPF Contempt Matter From List

The Court asked how the matter could be deleted when there is a judicial direction to list it.

Supreme Court Grants Bail To Man Accused Of Making Objectionable Posts Against Jharkhand CM's Wife Kalpana Soren

The Supreme Court today granted bail to a 30-year-old security guard challenging the Jharkhand High Court's refusal to grant him bail in a case arising from allegedly obscene and derogatory Facebook posts against Jharkhand Chief Minister Hemant Soren's wife, Kalpana Soren, who is a sitting MLA from Gandey.A bench of Justice M.M. Sundresh and Justice Prasanna B. Varale observed that he has...

'Who Heads NCPCR? How Can They Be So Indifferent?' Supreme Court Rebukes NCPCR Over 25% RTE Quota Implementation

The Court directed the NCPCR Chairperson to appear.

S. 53 Patents Act | Should Patent Term Be Counted From Date Of Grant If There Was Delay In Deciding Application? Supreme Court To Decide

The Supreme Court has issued notice on a plea seeking consideration of a mechanism for Patent Term Adjustment (PTA) in India, raising the question whether a patentee should receive additional patent protection where a substantial portion of the statutory 20-year term is lost because of delay in granting the patent. A bench of Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe issued...

Hookah Bars Can't Operate In UP Even In Designated Smoking Areas: Allahabad High Court Says 'Right To Clean Air' Overrides Right To Trade

The Allahabad High Court has held that hookah bars cannot operate in Uttar Pradesh and hookah services can not be provided even in "Designated Smoking Areas". The Court stressed that the right of non-smokers to breathe clean air in a public place cannot be abridged by the commercial interests of an establishment claiming a right to trade.A Bench of Justice Shekhar B Saraf and Justice...

Why Not Cap Medicines' MRPs At 16% Above Retailer Prices? Supreme Court Asks

The Supreme Court on Tuesday questioned the Centre over the massive markups on cancer drugs and other medicines, asking why there should not be a uniform rule limiting the Maximum Retail Price (MRP) to no more than 16% above the price to the retailer (PTR).A bench of Justice Vikram Nath and Justice Sandeep Mehta was hearing petitions concerning regulation of medicine prices,...