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Giving Arrest Memo Not Same As Supplying Grounds Of Arrest : Supreme Court Sets Aside Arrest & Remand
The Supreme Court recently set aside the arrest and remand for an appellant in the light of the decision in Prabir Purkayastha v. State (2024), which held that supplying grounds of arrest in writing as prescribed under Section 50 of the Code of Criminal Procedure requires mandatory compliance, lest the arrest and remand will stands vitiated in the eyes of the law. A bench of Justices MM...
Art 311 Doesn't Mean Only Appointing Authority Can Initiate Disciplinary Action Against Govt Servant : Supreme Court
The Supreme Court reaffirmed that the appointing authority is not required to initiate disciplinary proceedings against a state employee. Referring to Article 311(1) of the Constitution, the Court clarified that while the appointing authority's approval is necessary for dismissal, it is not required for initiating disciplinary action.Holding so, the bench of Justice Dipankar Datta and...
Courts Should Also Consider 'Invisible' Victims Who Might Be Impacted By Adjudication : Justice Surya Kant
Supreme Court Judge, Justice Surya Kant recently expressed the need for the justice system to be considerate towards the rights of those individuals who are affected by a legal decision but virtually invisible before the Courts. Justice Surya Kant spoke extensively on the " Invisible Victims of the Legal System : The Need for Sensitivity & Compassionate Adjudication" at the 250th...
Supreme Court Of Pakistan Cites Indian Supreme Court's Judgment On Avoiding Gender Stereotypes
In a significant judgment for gender equality and continued recognition of women's legal rights, the Supreme Court of Pakistan overturned the judgment of a Khyber Pakhtunkhwa Service Tribunal, Peshawar, which held that "a married daughter becomes a liability of her husband" and therefore, not eligible for compassionate appointment of the deceased son/daughter quota. It held that the...
Supreme Court Weekly Round-up: March 17, 2025 To March 24, 2025
Nominal IndexCitationsJoyi Kitty Joseph v. Union of India & Ors. 2025 LiveLaw (SC) 298Gyanendra Singh @ Raja Singh v. State of U.P. 2025 LiveLaw (SC) 299State of Rajasthan v. Indraj Singh 2025 LiveLaw (SC) 300V Ravikumar v. S Kumar 2025 LiveLaw (SC) 301Rajneesh Kumar Pandey & Ors. v. Union of India & Ors, Writ Petition (Civil) No. 132/2016 2025 LiveLaw (SC) 302Union Territory of...
Punjab Municipal Elections : Supreme Court Appoints Former P&H HC Judge To Enquire Into Candidates' Allegations Of Nomination Paper-Snatching, Etc.
The Supreme Court recently constituted a Fact Finding Commission and appointed a former Punjab and Haryana High Court judge to enquire into issues raised by candidates of Punjab municipal elections regarding conduct of the polls.Without expressing any opinion on merits, a bench of Justices Surya Kant and N Kotiswar Singh passed the order appointing Justice Nirmaljit Kaur (former High Court...
Preliminary Enquiry Under Section 173(3) Of The BNSS -- The Supreme Court Solves The Riddle
Section 173(3) is a newly introduced provision in the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'the BNSS'). This provision has given statutory recognition to the procedure of conducting preliminary enquiry by a police officer. However, the debate has been going on in the legal circles as to how this provision could be reconciled with the judgment of the Constitution Bench of the Supreme Court in Lalita Kumari,1 and whether the preliminary enquiry envisaged under the new...
BREAKING | CBI Court Acquits Justice Nirmal Yadav Booked For Receiving ₹15L Cash While Serving At Punjab & Haryana HC In 2008
A Special CBI Court in Chandigarh today acquitted Justice Nirmal Yadav, booked for receiving Rs. 15 lakh cash while serving as a Judge of the Punjab & Haryana High Court in 2008.Special CBI judge Alka Malik pronounced the verdict.In 2008, a peon of then sitting judge of Punjab & Haryana Court Justice Nirmaljit Kaur filed a complaint that a bag of Rs.15 lakh cash was delivered at...
Supreme Court Directs DDA Vice-Chairman To Explain Non-Compliance With Orders To Take Action Against Illegal Structures On Public Land
The Supreme Court recently directed the Vice-Chairman of the Delhi Development Authority (DDA) to file a personal affidavit explaining its failure to comply with orders related to the demolition of certain illegal constructions on public land in Okhla, Delhi.A bench of Justice Abhay Oka and Justice Ujjal Bhuyan directed the Vice-Chairman to respond within three weeks and kept the matter on...
'Instigation Must Have Close Proximity To Suicide', Supreme Court Quashes Abetment To Suicide Case Against Business Partners
Observing that there must be a close proximity between the positive act of instigation by the accused person and the commission of suicide by the victim, the Supreme Court on Thursday (March 27) upheld the quashing of an abetment to suicide case against the business partner of the deceased, who committed suicide alleging harassment from his business partner. The bench comprising Justices...
Google Abused Dominant Position Through Restrictive App Store Billing Policy But Didn't Deny Market Access: NCLAT Reduces Penalty From ₹936 Cr To ₹216 Cr
The National Company Law Appellate Tribunal (NCLAT), New Delhi bench of Justice Ashok Bhushan (Chairperson) and Mr. Barun Mitra (Technical Member) has partially upheld the decision of the Competition Commission of India (CCI) that Google leveraged its dominance in the Play Store ecosystem to promote Google Play which violates section 4(2)(e) of the Competition Act, 2002. The...