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Prioritise Criminal Appeals Of Elderly Accused On Bail, Especially When Crime Is Old: Supreme Court To High Courts
The Supreme Court has advised the High Courts to give adequate priority to criminal appeals, where the accused are on bail. If the accused persons have remained on bail, especially in cases involving life sentences, and the appeal is ultimately dismissed after several years, then sending the accused back to prison might be difficult, particularly when they have attained old age.The Court...
Not 'Consumer' Without Privity Of Contract : Supreme Court Rejects Flat Seller's Consumer Complaint Against Financier Of Buyer
The Supreme Court on Thursday (March 20) ruled that to qualify as a "consumer" under the Consumer Protection Act, there must be a direct contractual relationship between the parties.A bench comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah held that a party having no privity of contract with the service provider cannot be regarded as a consumer as per the Act.Brief...
'BCI Has No Business Interfering With Legal Education' : Supreme Court Dismisses Plea Against HC Allowing 2 Convicts To Attend Law School Virtually
While dismissing Bar Council of India's challenge to a Kerala High Court order which allowed 2 murder convicts to attend law classes virtually, the Supreme Court today orally observed that BCI has no business interfering with matters of legal education and should leave the same to jurists and legal academicians.A bench of Justices Surya Kant and N Kotiswar Singh heard the matter and dismissed...
Rajya Sabha Discusses Issue Of Cash Recovery From HC Judge's Residence
The issue relating to the alleged recovery of large pile of unaccounted cash from the official residence of Justice Yashwant Varma, sitting judge of the Delhi High Court, was discussed by the Rajya Sabha today. Vice-President and Chairman of Rajya Sabha, Jagdeep Dhankhar responded that he will take all procedural steps as required to address this issue.Jairam Ramesh, Indian National...
Delhi HC Judge Under SC Collegium Scrutiny After Reports Of Cash Recovery From His Home
In an extraordinary development that shocked the judiciary and the legal fraternity, reports have emerged that a large pile of unaccounted cash was found in the official residence of a Judge of the Delhi High Court, Justice Yashwant Varma.As per a report in the Times of India, the cash was found when a fire brigade reached the judge's residence to douse a fire. Justice Varma was not in...
S.53A Transfer Of Property Act Protection Not Available If Person Entered Into Agreement Knowing About Pending Litigation : Supreme Court
The Supreme Court recently reaffirmed that protection under Section 53A of the Transfer of Property Act, 1882 (“TPA”), for a person possessing a property under part performance of a contract, is not available to a party who knowingly entered into the agreement despite being aware of pending litigation.The Court approved the view of the High Court that Section 53A of the Transfer of...
IBC | Once Resolution Plan Approved, Dues Not Part Of It Get Extinguished : Supreme Court Rejects Post-Resolution Income Tax Demand
The Supreme Court today (March 20) declined a claim raised by the Income Tax Department to include a tax demand in a Resolution Plan after it was approved by the Adjudicating Authority under the Insolvency and Bankruptcy Code, 2016 (IBC).Citing the case of Ghanashyam Mishra and Sons Pvt. Ltd. v. Edelweiss Asset Reconstruction Company Ltd. (2021) 9 SCC 657, which held that all claims not...
Magistrate Can't Direct FIR Registration Under S.156(3) CrPC If Complainant Didn't Approach Police Before u/s 154(1) & 154(3) : Supreme Court
The Supreme Court has reiterated that before a complainant can seek a Magistrate's direction under Section 156(3) of the CrPC to register an FIR and investigate a cognizable offence, they must first exhaust the remedies under Sections 154(1) and 154(3) of the CrPC.Under Section 154(1), a person must report the offence to the officer in charge of a police station, who is required to record it...
Acid Attack Victims Can Approach State Legal Services Authorities If Compensation Is Delayed Or Defaulted: Supreme Court
While hearing a PIL seeking efficient compensation for victims of acid attack, the Supreme Court today (March 20) granted liberty to the affected survivors to approach the State Legal Services Authorities(SLSA) in case of any default or delay in receiving the compensatory amount. The Court also granted additional time to the Union and several states to file their responses. SLSAs were...
SC Collegium Recommends Transfer Of Orissa HC Acting Chief Justice Arindam Sinha To Allahabad HC
The Collegium of the Supreme Court has recommended to transfer the Acting Chief Justice of Orissa High Court Justice Arindam Sinha as a Judge of the Allahabad High Court. He has been at the helm of Odisha Judiciary since the superannuation of the former Chief Justice Chakradhari Sharan Singh on January 19, 2025.Justice Sinha originally belongs to the Calcutta High Court, where he was appointed...