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When One Judge Has Held Party Guilty Of Contempt, Another Judge Of Same HC Can't Take Contrary View : Supreme Court
The Supreme Court has held that once a Judge of a High Court has held a party guilty of contempt, another Single Judge of the same Court cannot re-examine whether contempt was actually committed. "When one Judge of the same Court has taken a particular view holding the Respondent to be guilty of contempt, another Judge could not have come to afinding that the Respondent was not guilty...
Supreme Court Seeks Data From Centre On Sanctions Granted/Refused Under S.17A PC Act To Investigate Corruption Cases Since 2018
The Supreme Court recently sought details from the Union Government as to in how many cases sanction has been granted or refused under Section 17A of the Prevention of Corruption Act, 1988 (as amended in 2018) to launch an investigation against a public servant."...we direct the Union of India to place a Statement vis-a-vis the operation of Section 17A of the said Act by detailing as to in...
Kids Bullied After NIA Linked Drug Case To Pahalgam Attack, Says Accused; Supreme Court Says Family Must Not Suffer
In connection with a bail matter where the NIA yesterday linked drug proceeds to funding of terrorism and cited the recent tragedy of Pahalgam Terror Attack, the Supreme Court was today informed that the accused's children were bullied in school as "terrorists' children" because of the comment made and had to be brought back.The matter was mentioned before a bench of Justices Surya Kant,...
Godhra Train Burning Case : Supreme Court Posts Appeals For Final Hearing On May 6 & 7
The Supreme Court today (April 24) passed an order for the final hearing of the 2018 appeals pending in the 2002 Godhra train burning case on May 6 and May 7. The Court said that no other cases will be listed on these dates.The criminal appeals, filed by the convicts challenging their conviction and the State of Gujarat seeking death sentence for the convicts, were listed before a bench...
Prospective Accused Cannot Challenge Order For CBI Investigation : Supreme Court
The Supreme Court observed that it is not open for the prospective accused to challenge the underway investigation. Holding thus, the Court dismissed the appeal challenging the Karnataka High Court's decision to order an investigation by the Central Bureau of Investigation (“CBI”).“Therefore, we are of the considered view that once an FIR is registered and investigation has taken...
Magistrate's Cognizance Order Can't Be Faulted Only Because It Wasn't A Reasoned Order : Supreme Court
The Supreme Court reiterated that a Magistrate's order taking cognizance of a police report cannot be faulted only because it was not a reasoned order. If the cognizance is taken after recording a finding regarding the existence of a prima facie case based on a reading of the case records, explicit reasons are not required.Holding thus, the bench comprising Justices Sudhanshu Dhulia...
Justice AM Sapre Declines Rs 20 Lakh Fee, Supreme Court Directs Payment Of That Amount To Tea-Estate Workers' Widows
The Supreme Court on Wednesday (April 23) directed the States of Tamil Nadu, Kerala and Assam to identify cases where the widows of deceased tea workers are facing grave difficulties and disburse to them the amount which was to be paid to retired Supreme Court judge Justice AM Sapre.A bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan passed this direction after being informed that...
Plaintiff Can Seek Declaration Of Title Without Seeking Cancellation Of Sale Deed Executed By Another Party : Supreme Court
The Supreme Court observed that a plaintiff seeking a declaration of title over a property is not required to specifically seek the cancellation of a sale deed executed by another party over the same property as per Section 31 of the Specific Relief Act, 1963 (“SRA”).The Court said that a declaration sought by a plaintiff as per Section 34 of the SRA would not become non-maintainable...
Disciplinary Proceedings Cannot Be Continued Beyond Time Limit Set By Courts Without Seeking Extension : Supreme Court
The Supreme Court today (April 23) held that when a fixed time is stipulated by a Tribunal or Court to conclude the disciplinary proceedings, continuation of such proceedings beyond that time could be illegal if no bona fide attempt is made to seek extension of time.A bench of Justices Dipankar Datta and Prashant Kumar Mishra also stated that if the Tribunal/Court fixes a time with a rider...
Probation Of Offenders Act | No Discretion To Deny Release Of Convict On Probation When Conditions Are Met : Supreme Court
The Supreme Court noted that when the provisions of the Probation of Offenders Act (“Act”) apply to a convict's release, the court has no discretion to disregard the possibility of granting probation. “Summing up the legal position, it can be said that while an offender cannot seek an order for grant of probation as a matter of right but having noticed the object that the...