Can NCPCR File Complaint Under MP Freedom Of Religion Act Against Unlawful Conversion Of Kids? Supreme Court Leaves Question Open

The Supreme Court recently expressed reservations about the view expressed by the Madhya Pradesh High Court that the National Commission for Protection of Child Rights (NCPCR) cannot file a complaint under the Madhya Pradesh Freedom of Religion Act, 2021, in the absence of a complaint of unlawful religious conversion by a person(or their parents/siblings) who has been illegally...

Principle Of 'Functus Officio' Does Not Apply To Executive Rule-Making Authority : Supreme Court

The Supreme Court on February 12 observed that the principle of functus officio does not apply to a rule making authority and applies to a judicial forum or a quasi-judicial authority. It cannot be disputed that the rule-making power of the legislature cannot be curtailed or nullified by application of the concept of functus officio, the Court said. “The principle of functus...

Feasibility Of Introducing Uniform Sentencing Policy Referred To Law Commission: Union Informs Supreme Court

The Supreme Court was recently informed by the Additional Solicitor General Aishwarya Bhati that the feasibility of introducing a comprehensive and uniform sentencing policy has been referred to the Law Commission of India.This comes after a bench of Justices M.M. Sundresh and SVN Bhatti in May, last year, recommended the Department of Justice, Ministry of Law and Justice, Government of India,...

Supreme Court Summons Haryana DGP Over Illegal Arrest Violating 'Arnesh Kumar' Guidelines

The Supreme Court recently directed the personal appearance of the Director General of Police, Haryana, since no action was reported to have been taken against police officials who arrested a person in violation of the directions passed in Arnesh Kumar v. State of Bihar (2014).In Arnesh Kumar, the Supreme Court passed several guidelines to curb unnecessary and casual arrest, and directed that...

Supreme Court Upholds Govt's Power To Withdraw Promise Of Rebate In Larger Public Interest

While upholding the Goa Government's order to recover the previously granted electricity tariff rebates from several industrial companies, the Supreme Court today (February 14) reaffirmed the government's power to withdraw or modify economic incentives in the interest of public finances. The Court held that the doctrine of promissory estoppel cannot be rigidly enforced in situations where...

Supreme Court Weekly Round-up: February 03, 2025 To February 09, 2025

Nominal IndexCitationsRimpa Saha v. District Primary School Council Malda 2025 LiveLaw (SC) 143Lok Prahari through its General Secretary v. Union of India 2025 LiveLaw (SC) 144Rajeev Suri v. Archaeological Survey of India & Ors., Special Leave to Appeal (C) No.12213/2019 2025 LiveLaw (SC) 145State of Madhya Pradesh v. Dileep 2025 LiveLaw (SC) 146 Bhupinder Singh v. Unitech Ltd., Civil...

Bombay Stamp Act | Agreement To Sell Attracts Stamp Duty If Possession Is Granted : Supreme Court

The Supreme Court today (February 14) observed that an agreement to sell specifying delivery of the possession of the property would be deemed as 'conveyance' and would be subject to the stamp duty as per the Bombay Stamp Act.Emphasizing that stamp duty is levied on the instrument (agreement) and not the transaction, the Court held that even an agreement to sell could attract stamp duty if...

Calcutta High Court Allows Rally To Be Addressed By RSS Chief Mohan Bhagwat In Bengal

The Calcutta High Court has allowed a rally by the Rashtriya Swayamsewak Sangh (RSS) to be addressed by the organisation's 'Sarsanghachalak' Mohan Bhagwat in Kolkata. Justice Amrita Sinha allowed the rally to go ahead after the State had denied permission for the same due to the ongoing Madhyamik exams in nearby schools, over the use of loudspeakers.In noting that the rally was scheduled for...

Does The First Proviso to Section 223(1) of the BNSS Apply to An offence Under Section 138 of the N.I. Act?

Sections 200 to 203 of the Code of Criminal Procedure, 1973 (for short 'the Code') deal with “Complaints to Magistrates”. These provisions now stand replaced by Sections 223 to 226 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').The controversial provisionSection 223(1) of the BNSS states that, a Magistrate having jurisdiction while taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such...

Supreme Court To Hear In April Plea To Bring Political Parties Under RTI Act

The Supreme Court is scheduled to hear in April the issue of whether all political parties can be considered as 'public authorities' under the RTI Act,2005. The bench of CJI Sanjiv Khanna and Justice Sanjay Kumar was hearing a batch of pleas seeking directions to bring all political parties as "public authorities" under the Right to Information Act, 2005. Advocate Prashant Bhushan appearing...

Supreme Court Dismisses Plea Of Jayalalithaa's Niece For Return Of Properties Confiscated In Disproportionate Assets Case

The Supreme Court on Friday (February 14) dismissed a petition filed by J Deepa, the niece of former Tamil Nadu Chief Minister J Jayalalithaa, seeking the return of the properties confiscated in the disproportionate assets case against Jayalalithaa.A bench comprising Justice BV Nagarathna and Justice Satish Chandra Sharma refused to interfere with the Karnataka High Court's order refusing...

No Proposal To Amend Civil Procedure Code : Centre Tells Parliament

There is no proposal pending with the Government to amend the Code of Civil Procedure, the Union Ministry of Law and Justice informed the Parliament.The statement was given in reply to a query raised by Member of Parliament (MP) Sanjay Kumar Jha. Law Minister Arjun Ram Meghwal also stated that the National Litigation Policy has not been finalised. The Minister further said that to...