Section 482 Cr.P.C :Recent Supreme Court Judgments

Petition For Quashing FIR Can Be Entertained Even If Charge sheet Is Filed During Its PendencyIn Anand Kumar Mohatta vs State (Govt. Of Nct Of Delhi) Supreme Court held that High Courts can entertain a petition filed under Section 482 CrPC seeking quashing of FIR, even if the charge sheet is filed during the pendency of that petition."There is nothing in the words of this Section which...

SAT Stays SEBI Order Barring Prannoy Roy & Radhika Roy From Holding Directorial Or Managerial Positions In NDTV [Read Order]

In a temporary relief to Prannoy Roy and Radhika Roy, the Securities Appellate Tribunal has stayed the June 14 order issued by Securities and Exchange Board of India which had restrained them from holding managerial or directorial posts in New Delhi Television Ltd (NDTV) for two years.Admitting the appeal filed by Roys and RPPR Ltd, the promoters of NDTV, the Appellate Tribunal yesterday...

Bihar Encephalitis: PIL In SC Seeks Direction To Constitute Team Of Medical Experts For Treatment Of Children [Read Petition]

In the wake of the alarming rate at which children are succumbing to Encephalitis in Bihar, a PIL has been filed in the Supreme Court for a team of medical experts to be constituted urgently and for the provision of all necessary medical equipment and other supports. The petition by advocates Manohar Pratap and Sanpreet Singh Ajmani, members of Youth Bar Association contends that the death...

CBI Registers FIR Against Lawyers Collective For Alleged FCRA Violations; NGO Terms It An Attempt To Silence Them [Read Statement]

The CBI has registered a criminal case against the NGO Lawyers Collective for alleged violations of Foreign Contributions Registration Act, reports the PTI.The FIR has named Senior Advocate Anand Grover, a trustee and founder-director of the NGO, as an accused. As per the PTI report, unknown officer-bearers and functionaries of the NGO and unknown private persons and public servants have...

SC To Consider PIL For Steps To Prevent Wild Fires In Uttarakhand

With massive forest fires, as many as 79 reported only in the month of May, burning wildlife in Uttarakhand, the Supreme Court today agreed to hear on Monday a PIL which prays that entire wildlife in the region be declared a living entity with corresponding rights and the government be directed to take steps to prevent wildfires. The PIL has been filed by advocate Rituparn Uniyal, a...

Cannot Burden Insurer To Follow Up An Inadequate Disclosure Of Material Facts By The Insured: SC [Read Judgment]

"The burden cannot be cast upon the insurer to follow up on an inadequate disclosure by conducting a line of enquiry with the previous insurer in regard to the nature of the claims, if any, that were made under the earlier insurance policy."

SC Adjourns Hearing Of PIL For Protection Of Doctors

The doctors' strike having abated, the Supreme Court on Tuesday did not deem necessary to pass any immediate orders on a plea seeking safety and security of doctors in government hospitals across the country. Posting the matter to now be heard in July, the vacation bench headed by Justice Deepak Gupta, however, acknowledged the gravity of instances of attacks on doctors and stressed the...

SC To Hear Tomorrow Congress Plea Against Holding Of Separate Bypolls To Rajya Sabha

The Supreme Court has agreed to hear tomorrow a petition filed by a member of Indian National Congress challenging the decision of Election Commission of India to hold two separate bypolls to the Rajya Sabha seats which fell vacant upon the election of BJP President Amit Shah and Smriti Irani to Lok Sabha.Senior Advocate Vivek Thankha, appearing for the petitioner Pareshbhai Dhanani, Congress...

Supreme Court Monthly Digest- May 2019

Statutory Appeal Can Be Filed Even If Application To Set Aside Ex-Parte Decree [ Order IX Rule 13 CPC] Is Dismissed Bhivchandra Shankar More vs. Balu Gangaram More The Supreme Court observed that the right of appeal under Section 96(2) CPC is a statutory right and the defendant cannot be deprived of the statutory right of appeal merely on the ground that the application filed by...

Congress Moves SC Against EC's Decision To Hold Separate By-polls For 2 RS Seats in Gujarat

The Gujarat Congress Monday moved the Supreme Court challenging the decision of the Election Commission to hold separate bypolls to two Rajya Sabha seats in the state which fell vacant due to the election of BJP chief Amit Shah and Smriti Irani to Lok Sabha. The petition filed by Congress MLA from Amreli and Leader of Opposition in Gujarat Assembly, Pareshbhai Dhanani has sought...

IBC vs SEBI Act: SC To Hear In July If IBC Will Override SEBI Act

"Will the Insolvency and Bankruptcy Code (IBC) override Securities and Exchange Board of India (SEBI) Act? Whether depositors of a Collective Investment Scheme (CIS) can be treated as Financial Creditors under IBC and whether provisions of IBC can be invoked in case of CIS which is regulated by the SEBI Act, 1992?" The Supreme Court will be considering these issues in July in an appeal...

[Interview] "My Harvard Degree Is Symbolic Of The Aspirations Of Millions Of Marginalized People"; Anurag Bhaskar

"I belong to the Dalit community. It is one of my identities, but the one which has majorly shaped my life choices. Coming to Harvard was more than just about myself. Apart from the exposure that I got here personally and professionally, my journey to Harvard is symbolic of the aspirations of millions who are forced even today to live on the margins of society. My LL.M. degree from Harvard is...