Recourse To Writ Jurisdiction In Election Matters Not Appropriate When Statute Provides An Alternative Machinery: SC [Read Judgment]

Once alternate machinery is provided by the statute, the recourse to writ jurisdiction in matters related to elections is not an appropriate remedy, the Supreme Court has held. In this case, the order of the Returning Officer who had accepted the nomination of a candidate for the elections of Gram Panchayat was challenged before the High Court which was partly allowed. In appeal before the...

Findings Of Fact Cannot Be Interfered With In A Second Appeal Unless Findings Are Perverse, Reiterates SC [Read Judgment]

The findings of fact cannot be interfered with in a second appeal unless, the findings are perverse, the Supreme Court has reiterated. In his suit for partition, the plaintiff claimed that he was minor at the time of death of his father and that his signatures were obtained on a few documents by his brothers and that he was not aware of the contents of the same nor did he execute any...

Discrepancies In Evidence Against Delinquent Not A Ground To Interfere With Findings Of Disciplinary Inquiry: SC [Read Judgment]

The Supreme Court has observed that the findings of disciplinary inquiry cannot be interfered only on the ground that there are discrepancies in the evidence against the delinquent. The bench of Justice S. Abdul Nazeer and Justice Hemant Gupta observed that, once the evidence has been accepted by the departmental authority, in exercise of power of judicial review, the Tribunal or the...

SC Issues Notice In CBI's Challenge Against Bail Granted To Lalu Prasad Yadav In Fodder Scam Case

The Supreme Court on Friday issued notice to Rashtriya Janata Dal (RJD) Chief Lalu Prasad Yadav on a plea filed by the Central Bureau of Investigation (CBI) challenging the bail granted to him by Jharkhand High Court. The bench comprising of CJI SA Bobde and Justices BR Gavai and Surya Kant sought the former Bihar Chief Minister's response to the investigation agency's contention that the...

Oil India Ltd Withdraws Petition Filed In SC Seeking Clarification That AGR Verdict Is Not Applicable To It

On Friday, Government-owned OIL India Ltd withdrew its petition seeking clarification/modification from the Supreme Court regarding the non-applicability of the judgment on Adjusted Gross Revenue to it.Based on the October 24, 2019 judgment of the Supreme Court which held that the word "Adjusted Gross Revenue" in UAS telecom license agreements will include income from non-telecom sources as...

"I had To Make A Choice Of Either Move To Orissa HC Or To Resign" : Justice Dharmadhikari On His Resignation

Justice Dharmadhikari stated that discussions about his elevation (as Chief Justice of Bombay High Court) had begun after Justice VK Tahilramani's elevation Chief Justice of Madras High Court. However, there were "certain developments" that were "not known to him" because of which he had to make a choice of either moving to Orissa as Chief Justice or to resign. He chose to resign.

Arbitration Clause In An Insufficiently Stamped Agreement Cannot Be Acted Upon By Court: SC [Read Judgment]

The Supreme Court has observed that an arbitration clause in an agreement which is required to be duly stamped, was not sufficiently stamped, cannot be acted upon by the Court. In this case, one of the parties to the agreement filed a petition under Section 11(6) of the Arbitration Act before the High Court of Karnataka.The other party, entered appearance and contended that the lease...

Defence That 'Cheque Issued As Security' Not Believable In Absence Of Further Evidence To Rebut Presumption U/s 139 NI Act : SC [Read Judgment]

The Supreme Court has observed that defence of the accused that the cheques were given by way of security is not believable in absence of further evidence to rebut the presumption. The bench of Justices Ashok Bhushan and MR Shah reiterated that, once the issuance of the cheque has been admitted and even the signature on the cheque has been admitted, there is always a presumption in favour...

Accused Cannot Be Convicted Of Rape On Basis Of Sole Testimony Of Prosecutrix Unless Her Testimony Is Of "Sterling" Quality: SC [Read Judgment]

The Supreme Court has held that the conviction of an accused in Rape Cases cannot be done on the basis of sole testimony of the Prosecutrix unless she passes the test of "Sterling Witness".The Judgment rendered by a Bench comprising Justices Ashok Bhushan & M.R. Shah has held that in order to convict an accused on the basis of solitary evidence of the Prosecutrix, the evidence must...

Nirbhaya Case : Justice Banumathi Faints While Dictating Order In Centre's Plea; Matter Adjourned Till Feb 20

Just as the hearing in the Centre's plea for separate hanging of death row convicts in the 2012 Delhi gangrape and murder case wrapped up for the day, the Supreme Court bench comprising of Justices R Banumathi, Ashok Bhushan and AS Bopanna, was on the verge of adjourning the matter till the Patiala House court took it up next.However, just before dictating the order Justice Banumathi took...

Plea In SC Challenges Presidential Order Excluding Assam From 'Inner Line Permit' Area [Read Petition]

The All Tai Ahom Student's Union (ATASU) has moved the Supreme Court challenging the Adaptation of Laws (Amendment) Order 2019, whereby the State of Assam has been excluded from Inner Line Area, in light of the Citizenship Amendment Act, 2019.This is a Presidential Order, notified on December 11, 2019. It is pertinent to note that under the Bengal Eastern Frontier Regulation, 1873,...

SC Issues Order Prescribing Fixed Timelines For Listing Of Death Penalty Criminal Appeals [Read Order]

The Supreme Court Registry has released an Office Order laying down timelines and guidelines for listing of Criminal Appeals involving Death Penalty. The following are the prescribed Guidelines that have been formulated: - 1) In matters where Death Penalty has been upheld/confirmed and the Supreme Court has granted leave, the Appeal shall be listed not later than Six...