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High Courts Can Quash Criminal Proceedings Invoking Article 226 Jurisdiction Also Apart From S.482 CrPC Power : Supreme Court
The Supreme Court observed that apart from exercising its power to quash a criminal case under Section 482 Cr.P.C., the High Court can also exercise powers under Article 226 of the Constitution to quash the criminal case to prevent misuse of the law. “It is true that normally, quashing of criminal proceedings would be sought and would be done in exercise of the inherent power of the...
When FIR Omits Crucial Facts & They Are Added Later Through S.161 CrPC Statements, It Indicates Afterthought : Supreme Court
The Supreme Court has held that subsequent mentioning of crucial facts, which the complainant could have stated at the time of lodging of the FIR itself, would raise doubts as it indicates an afterthought.The omission of crucial facts in the FIR cannot be supplemented through witness statements under Section 161 CrPC, the Court held."Though FIR is not supposed to be an encyclopedia containing...
Sale Deed Executed After Adoption By Mother For Pre-Adoption Property Binding On Adopted Child : Supreme Court
The Supreme Court today (Jan. 2) observed that although a widow female Hindu's adopted child's rights relate to the date of the adoptive father's death, it would not divest the rights acquired by a female Hindu before an adoption. In other words, the court stated that any transaction made by the adoptive mother regarding the suit property acquired by her prior to the adoption would...
Supreme Court Upholds Delhi Municipal Corporation's Powers To Issue Tariff-Based Bids For Waste-To-Energy Project
The Supreme Court on January 2 upheld the Municipal Corporation of Delhi's (MCD) powers to issue tariff-based bids in Waste-to-Energy (WTE) projects under the Electricity Act 2003. The bench of Justices BR Gavai and KV Viswanathan was hearing the appeal filed by the Municipal Corporation of Delhi (MCD) against the order of the Appellate Tribunal for Electricity (APTEL) which set aside...
Supreme Court Dismisses ED's Plea Against HC Quashing Arrest Of Former Congress MLA Surender Panwar
The Supreme Court on Thursday (January 2) dismissed a Special Leave Petition (SLP) filed by the Directorate of Enforcement (ED) challenging the Punjab and Haryana High Court's decision to quash the arrest of former Congress MLA Surender Panwar in a money laundering case pertaining to alleged illegal mining and fabrication of e-rawana bills.A bench of Justice Abhay S. Oka and Justice...
Complaint Within Meaning Of CrPC Is One Filed Before Judicial Magistrate & Not Executive Magistrate : Supreme Court
The Supreme Court stated that a complaint within the meaning and scope of the Criminal Procedure Code is a complaint filed before a Judicial Magistrate and not an Executive Magistrate.The Court held that a complaint filed before an Executive Magistrate cannot be regarded as a complaint filed in terms of Section 195 of the CrPC.To support this, Section 2(d), which defines complaint was...
'Not Prudent To Deploy Outsourced Staff In Judicial Institutions' : Supreme Court Raises Concerns About CAT Jammu Bench
While dealing with a matter pertaining to functioning of the Central Administrative Tribunal (CAT) bench at Jammu, the Supreme Court today flagged concerns about outsourcing of private individuals into judicial institutions and running of the institutions at private properties."It is highly desirable that there should be a permanent building of the Tribunal alongwith proper courtrooms,...
Parents & Senior Citizens Act - Maintenance Tribunal Has Power To Order Eviction & Transfer Of Possession : Supreme Court
The Supreme Court has clarified that a Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 has the power to order the eviction and transfer of possession.Without such a power, the objectives of the 2007 Act - which are to grant speedy, simple and inexpensive remedies to elderly citizens- would be defeated, the Court said.A bench comprising Justice CT Ravikumar...
Land Acquisition Compensation - In Exceptional Cases, Courts Can Direct Market Value Be Determined Based On A Date After Prelim Notification : Supreme Court
The Supreme Court today (Jan. 2) observed that although the land acquisition compensation is to be determined at the market rate prevailing on the date of issuance of the notification regarding the acquisition of land, the compensation can be determined based on a later date in exceptional circumstances when the delay in the disbursal of the compensation has been inordinate.The bench of...
Supreme Court Asks UP Govt To Provide Medical & Enquiry Reports On Gangster-Politician Mukhtar Ansari's Death To His Son
The Supreme Court today asked Uttar Pradesh authorities to furnish copies of medical and enquiry reports pertaining to the death of gangster-politician Mukhtar Ansari to his son Umar Ansari.The matter was before a bench of Justices Hrishikesh Roy and SVN Bhatti, which upon hearing Senior Advocate Kapil Sibal (for Umar Ansari), asked Additional Solicitor General KM Nataraj (for UP) to supply...
TODAY at 7PM- JUDICIARY DEMO CLASS ON 'CHARGE, DISCHARGE AND FRAMING OF CHARGES - Part II' By JUSTICE RAMKUMAR
LiveLaw Academy Invites You to a Demo Lecture for Judiciary AspirantsTopic: Charge, Discharge And Framing Of Charges - Part IIThe lecture will be delivered by Justice (Retd.) V Ramkumar [Former Judge, High Court of Kerala] [Patron And Chief Mentor, LiveLaw Academy]Date: 2nd January, 2025 (Thursday)Time: 7:00 PMPlatform: Live on LiveLaw Academy...