NI Act: Why Section 143A Is Prospective And Section 148 Is Retrospective ? [Read Judgment]

"Sec 143A creates new disability/obligation and exposes the accused to coercive methods of recovery."

SC Takes Suo Moto Cognizance Of Letter By Unnao Rape Survivor; Matter To Be Heard Tomorrow

Deciding to consider the Unnao tragedy on the judicial side, the CJI-led bench of the Supreme Court on Wednesday took suo moto cognizance of the letter sent to CJI Ranjan Gogoi by the family of the Unnao rape survivor seeking protection from threats and intimidation by the accused. The CJI also sought a report from the Secretary General as to why the letter sent on July 12 was not brought to...

CJI Permits CBI To Lodge FIR Against Sitting HC Judge, Justice Shukla

An unprecedented decision of the Chief Justice of India (CJI), allowing lodging of FIR against a sitting High Court judge, has surfaced. On Tuesday, CJI Ranjan Gogoi gave permission to CBI to file an FIR under the Prevention of Corruption Act (PCA) against Justice SN Shukla of Allahabad High Court, Lucknow bench, a report from the Times of India said. A Preliminary Enquiry against the judge...

Use Of Remote Sensing Tech To Check Pollution: SC Seeks Reply From Centre, Delhi Transport Dept

The Supreme Court Monday asked the central government and the Delhi transport department to respond to the Environment Pollution Control Authority (EPCA) report on the use of remote sensing technology to help identify polluting vehicles. EPCA, in its recent report filed in the apex court, has said that as per the court's direction it had convened a meeting on July 16 with all...

Interest Of Victim And Society At Large Must Also Be Kept In View While Sentencing: SC [Read Judgment]

"While it is true that the sentence imposed upon the accused should not be harsh, inadequacy of sentence may lead to sufferance of the victim and the community at large."

Unnao Tragedy : CJI Seeks Report From SC Registry On Delay In Forwarding Letter By Rape Survivor's Family

Chief Justice of India Ranjan Gogoi is understood to have sought a report from the Supreme Court registry regarding the delay in forwarding the letter sent by family of Unnao rape survivor seeking protection from threat, reports The Telegraph.As per the report, the letter sent on July 12 had not reached the office of CJI Gogoi until Tuesday afternoon.Quoting sources, the report went on to...

Factors To Be Considered For Cancellation Of Bail And Challenging Bail Order Are Different: SC [Read Judgment]

The Supreme Court has reiterated that the grounds for consideration of an application seeking cancellation of bail and an application challenging the order of grant of bail are different.In Bharatbhai Bhimabhai Bharwad vs. state of Gujarat, the bench comprising Justice, while setting aside a High Court order, observed: "It is well settled that the consideration applicable for cancellation...

NDPS: Mere Production Of A Laboratory Report That The Sample Tested Was Narcotics Cannot Be Conclusive Proof: SC [Read Judgment]

"The sample seized and that tested have to be co-related."

Second Petition U/s 482 CrPC For Quashing A Complaint Maintainable Under Changed Facts And Circumstances: SC [Read Judgment]

"In the entirety of the facts and circumstances of the case, we are unable to hold that the second application for quashing of the complaint was not maintainable merely because of the dismissal of the earlier application."

Fifteen Days Before Tragedy, Unnao Rape Survivor's Family Wrote To CJI Gogoi About Threat To Life

In a letter dated July 12,the Unnao rape survivor's family wrote to the Chief Justice of India Ranjan Gogoi, complaining of criminal intimidation, lack of security and pleading with the CJI to take protective measures. The letter, in Hindi, alleged that on July 7, at around 9 in the morning, accused Shashi Singh's (the woman who had supposedly lured the victim to BJP MLA Kuldip Singh Sengar)...

Why Can't We Set Meaningful Dates While Dealing With Adjournments?Asks Justice Lokur

DAKSH organised a panel discussion in New Delhi to talk about its Piloting Justice Project. The panel discussed the 'Zero Pendency Courts Project Report' which aimed at understanding the functioning of courts when they were not burdened with arrears, and recommended ideal timelines for disposal of different types of cases. The panel consisted of Retired Supreme Court judge...

Section 143A NI Act On Interim Compensation Has No Retrospective Application : SC

Settling a confusion in prosecution of cheque bounce cases, the Supreme Court on Tuesday held that Section 143A of the Negotiable Instruments Act on payment of interim compensation to the complainant during the pendency of the case has no retrospective application.This means that Section 143A will apply to only those complaints filed after the 2018 amendment to the NI Act which inserted...