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2020 Bengaluru Riots: Supreme Court Denies Bail To Accused, Directs Karnataka Govt To Establish Additional NIA Court For UAPA Offences
The Supreme Court today(February 13) declined to grant bail to Shabbar Khan, charge-sheeted in a Unlawful Activities (Prevention) Act, 1967 case related to the riots which happened in Bengaluru on August 11, 2020. The riots reportedly happened over a Facebook post where derogatory comments were allegedly made about Prophet Muhammad.In the present case, the allegation against the petitioner...
Execution Of Decree Granting Perpetual Injunction Not Subject To Any Period Of Limitation : Supreme Court
In a recent judgment, the Supreme Court stated that the execution of a decree granting a perpetual injunction is not subject to any period of limitation. This is in view of Article 136 of the Limitation Act which states that "an application for the enforcement or execution of a decree granting a perpetual injunction shall not be subject to any period of limitation."The Court made this...
Supreme Court Grants Bail To SP Leader Mohammad Azam Khan And His Son In Stolen Machinery Case
The Supreme Court on February 10 granted bail to Samajwadi Party leader Mohammad Azam Khan, a former member of the Uttar Pradesh Legislative Assembly from Rampur and his son Mohammed Abdullah Azam Khan, former member of the Legislative Assembly from Suar constituency in the stolen machinery case. A Special Leave Petition was filed by them challenging the January 29 order of the Allahabad...
Order XXII Rule 4 CPC | Supreme Court Explains Correct Procedure To File Applications To Substitute Legal Heirs, Set Aside Abatement & Condone Delay
The Supreme Court has issued a clarification regarding the substitution of legal heirs in ongoing litigation, addressing a frequent procedural misstep by lawyers. The Court emphasized the crucial distinction between abatement of a suit or appeal and the process of setting aside that abatement, particularly in cases where substitution applications are filed beyond the initial 90-day...
UP Gangsters Act | Strict Scrutiny Essential When FIR Registered Under Stringent Laws : Supreme Court
The Supreme Court on Wednesday (February 12) ruled that strict scrutiny of the FIR is required registered under stringent laws like the Uttar Pradesh Gangsters Act to prevent its misuse in property or financial disputes. The Court emphasized that Article 21 of the Constitution cannot be disregarded solely based on the registration of a criminal offense. Furthermore, it ruled that...
Supreme Court Seeks Maharashtra Govt's Response On Whether Sahara's Versova Plot Is Within Mangrove Forest
While hearing the SEBI v. Sahara matter, the Supreme Court on Wednesday (February 12) issued notice to the Department of Forest and Urban Development and the Chief Secretary, State of Maharashtra to give clarity on whether developing Sahara's Vervosa Plot to pay back its creditors would end up intruding into reserved mangrove forest area. The bench of CJI Sanjiv Khanna, Justices MM Sundresh...
'Mystery' : Supreme Court Puzzled Over Anonymous Filings In Chhatisgarh NAN Scam Case; ED, Accused & State Deny Filing
While hearing the ED's plea for cancellation of bail to the accused in the Chhattisgarh NAN Scam, the Supreme Court expressed concern over certain 'confidential notes' filed anonymously in a sealed cover before the bench. The Court directed the Registrar(Judicial) to inspect, along with the Advocates from both sides.The bench of Justice Abhay S Oka and Justice Ujjal Bhuuyan was hearing a...
Calling A Woman 'Illegitimate Wife' Or 'Faithful Mistress' Violates Her Rights : Supreme Court Criticises Misogynistic Language In Judgment
The Supreme Court today expressed its disapproval of a Bombay High Court judgment that employed misogynistic language against a woman whose marriage was declared void, referring to her as an “illegitimate wife” or “faithful mistress.” “Under Article 21 of the Constitution of India, every person has a fundamental right to lead a dignified life. Calling a woman an “illegitimate...
Judicial Officers' Pension | 'Centre's Unified Pension Scheme Will Solve Issues', AG Tells Supreme Court
In the All India Judges Association case, pertaining to pension-related issues of judicial officers, Attorney General R Venkataramani told the Supreme Court today that the Centre has recently notified a Unified Pension Scheme, which would take care of the concerns of all employees - including judicial officers.Taking into account the same, a bench of Justices BR Gavai and AG Masih posted...
Permanent Alimony & Interim Maintenance Can Be Granted Even When Marriage Is Void Under Hindu Marriage Act : Supreme Court
Answering a reference, the Supreme Court today (February 12) ruled that permanent alimony and interim maintenance under the Hindu Marriage Act, 1955 can be granted even when the marriage has been declared void."A spouse whose marriage has been declared void under Section 11 of the 1955 Act is entitled to seek permanent alimony or maintenance from the other spouse by invoking Section 25 of...
Order XXII Rule 4 CPC | No Separate Prayer To Set Aside Abatement Needed If Application To Substitute Legal Heirs Is Filed: Supreme Court
The Supreme Court held that if an appeal abates due to the failure to substitute legal heirs, filing a substitution application under Order XXII Rule 4 CPC eliminates the need for a separate application to set aside the abatement. “When an application praying for substitution had been made, then, even assuming that it does not have an explicit prayer for setting aside the abatement,...