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Supreme Court Sets Aside 'Moratorium' Of 1 Year Imposed By High Court To Apply For Bail Afresh
Today, the Supreme Court set aside a condition imposed by the Patna High Court wherein, while denying bail to a petitioner, the High Court stated that the accused can only seek bail afresh after one year of the framing of the charges.The Court observed that the High Court could not have imposed a "moratorium of one year" for moving fresh bail application.Modifying the High Court's order, a...
Supreme Court Considers Extending Term Of Tribunal Members Nearing Retirement, Seeks Union's Update On Fresh Appointments
The Supreme Court indicated yesterday that it would extend the tenure of Tribunal members nearing retirement to prevent Tribunals from becoming defunct due to delays in fresh appointments. The Court further directed the Union Government to provide an update on the status of vacancies.A bench of Justices Surya Kant and N Kotiswar Singh conveyed the aforesaid to Attorney General R...
No Absolute Rule That HC Cannot Interfere In S.482 CrPC Petition If Investigation Is At Preliminary Stage : Supreme Court
The Supreme Court recently held that there is no absolute rule that the High Court cannot interfere in a Section 482 CrPC petition if the investigation is at a primary stage. The bench of Justice AS Oka and Justice Ujjal Bhuyan was deciding a challenge to the order of the Madras High Court, which refused to quash the FIR registered against the petitioner under the offence of misappropriation...
PC Act | 'Validity Of Sanction Must Be Decided In Trial' : Supreme Court Criticises HC Order Quashing Case Under S.482 CrPC
The Supreme Court on Wednesday (March 26) overturned the Madras High Court's decision, which quashed a disproportionate assets case against a bureaucrat at the pre-trial stage after noting there were "bleak conviction prospects" and "invalid sanction” to prosecute the bureaucrat. The bench of Justices PS Narasimha and Manoj Misra held that the High Court acted improperly by conducting...
Supreme Court Directs Central Adoption Resource Authority To Issue NOC In Plea Seeking To Ease Inter-Country Adoption
In a plea relating to ease the procedure for inter-country adoption, the Supreme Court (March 24) directed CARA to issue a No Objection Certificate in 4 weeks to steadfast the adoption process. The bench of Justice BV Nagarathna and Justice SC Sharma was hearing a petition seeking the inter-country adoption of two children by a 49-year-old single Indian woman who resides in the United...
Karnataka High Court Orders Probe & Action Against Trial Judge Who Cited Non-Existing SC Judgments
The Karnataka High Court has directed to conduct a probe and take appropriate action against a trial court judge who relied on non-existing judgments on the records of the respective courts to pass an order rejecting the application filed for the return of plaint.Justice R Devdas said, “What is more disturbing is the fact that the learned judge of City Civil Court has cited two decisions...
Supreme Court Refuses Transfer To Another Bench PIL Seeking Lifelong Ban On MP/MLAs After Conviction
A Supreme Court bench led by Justice Surya Kant today refused to transfer to another bench a 2016 PIL seeking expeditious disposal of criminal cases against MP/MLAs and lifelong ban on the said class of politicians after conviction. A bench of Justices Kant and N Kotiswar Singh was requested by Senior Advocate Vijay Hansaria (acting as Amicus) that the matter be listed before a bench of...
Supreme Court Asks Two UP Journalists To Avail Alternate Remedies Against FIR Over Articles On Caste Discrimination
The Supreme Court today(Wednesday) disposed of two writ petitions filed by journalists from Uttar Pradesh, Abhishek Upadhyay and Mamta Tripathi, seeking protection against the FIRs registered against him after he published an Article identifying people of a particular caste who were deployed in responsible positions in the State. Following the publication of the said Article and also after...
Need To Achieve 33% Tree/Forest Cover In Delhi NCT: Supreme Court
The Supreme Court on Wednesday (March 26) emphasized the need to achieve a target of 33 percent or more green cover in Delhi, as proposed by the Forest Research Institute (FRI).A bench of Justice Abhay Oka and Justice Ujjal Bhuyan was hearing the MC Mehta case on the issue of enhancing the green cover of Delhi. “In paragraph 3 laying down the objectives, it is proposed for enhancing...
Land Acquisition |Large Areas Don't Get Same Price As Small Plots; Some Deduction Permissible Due To Largeness : Supreme Court
Observing that large areas do not attract the same prices as that of smaller areas of land, the Supreme Court recently justified the 10% deduction in market rates of the land on account of largeness in area while determining the compensation in a land acquisition proceeding. “It is also a settled principle of law that large areas do not attract the same price as is offered for the small...
