West Bengal School Staff Recruitment Scam : Live Updates From Supreme Court Hearing

The Supreme Court is hearing the appeals filed by the State of West Bengal and certain private individuals challenging the decision of the Calcutta High Court to set aside the appointments of nearly 25,000 school staff.The High Court quashed the appointments on the ground that they were illegal. The Court also issued direction to the CBI to investigate into the recruitment scam.The Supreme...

Does Oral Pronouncement Of Judgement Amount To Case Disposal?: Supreme Court To Decide

The Supreme Court on Wednesday (December 18) questioned the legal implications of oral pronouncement of judgments in court and whether such oral pronouncement itself amounts to a final disposal of the case.“Whether such oral pronouncement that petition is allowed, whether it will really amount to disposal or not, that issue we have doubt whether you will be able to argue that, but it has to...

S.187 BNSS | Police Custody Must Be Within First Forty Days For Offences Punishable Upto 10 Years Imprisonment : Karnataka High Court

The Karnataka High Court has held that as per Section 187 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the 15-day police custody must be sought within the first forty days in cases of offences which are punishable upto ten years of imprisonmentIt clarified that the phraseology used in Section 187 BNSS is an offence punishable "for ten years or more", explaining that 10 years or more...

Writ Court Cannot Make Out A Third Case, Not Pleaded By Parties, Based On Arguments Made During Hearing : Supreme Court

The Supreme Court today (Dec. 18) observed that the findings of the Writ Courts should be based on the case pleaded and evidence adduced by the parties. “Based on the aforesaid authorities, we hold that while deciding a writ petition on the basis of affidavits, the writ court's enquiry ought to be restricted to the case pleaded by the parties and the evidence that they have placed on record...

UP Amendment To S.106 TP Act Inoperative After Parliamentary Amendment Of 2003 : Supreme Court

The Supreme Court has held that if the Parliament amends a law which is on a subject in the Concurrent List, then an earlier State amendment to the same provision would become inoperative.Holding so, the Court held that the Uttar Pradesh amendment to Section 106 of the Transfer of Property Act, 1882, which was carried out in 1954, would become inoperative after the Parliament amended Section...

No Explanation For Reinvestigation After 3 Years Without Court Permission: Supreme Court Quashes 1998 Booth Capturing Case

The Supreme Court on Wednesday (December 18) quashed the case against a man accused of booth capturing in Alwar during 1998 Rajasthan Assembly elections.A bench of Justice Abhay Oka and Justice Manmohan noted that the case was reinvestigated without permission from the magistrate three years after a closure report was filed.“At this stage we may also note that the first final report...

Deoghar Airport Case : Supreme Court Reserves Judgment On Jharkhand's Plea Against MPs Nishikant Dubey & Manoj Tiwari

The Supreme Court on Wednesday (December 18) reserved its judgment in the plea filed by the State of Jharkhand challenging the Jharkhand High Court's decision to quash an FIR against BJP MPs Nishikant Dubey, Manoj Tiwari, and others in the 2022 Deoghar Airport case.The FIR, lodged in September 2022, alleged that the respondents threatened and coerced Air Traffic Control (ATC) officials to...

S. 33 Arbitration Act | Clarification On Award Can Be Issued Even After Arbitral Tribunal Becomes Functus Officio : Supreme Court

The Supreme Court observed that although the Arbitral Tribunal becomes functus officio after passing an award, it would still retain the limited jurisdiction to clarify or correct errors in an award under Section 33 of the Arbitration and Conciliation Act, 1996 (Arbitration Act). The bench comprising Justices Abhay S. Oka and Ujjal Bhuyan dismissed the appeal filed against the Delhi High...

Umar Khalid Gets 7 Days Interim Bail In Delhi Riots Larger Conspiracy Case

A Delhi Court on Wednesday granted interim bail to former JNU scholar Umar Khalid in the UAPA case alleging a larger conspiracy related to the 2020 North-East Delhi riots.Additional Sessions Judge Sameer Bajpai of Karkardooma Courts granted interim bail for 7 days to Khalid for attending a wedding in the family.The interim bail conditions are that Khalid shall not contact any witness and...

Farmers Protest | Saving Life Of Fasting Leader Dallewal Priority, It Shouldn't Be Dependent On Fulfilling Farmers' Demands: Supreme Court

In the matter related to farmers' protest at the border between Punjab and Haryana, the Supreme Court today asked Punjab authorities to swiftly tackle the health situation of farmers' leader Jagjit Singh Dallewal who is on fast-unto-death (at Khanauri border) since 20 days and clarified that the farmers can directly place their demands before the court instead of making representation to the...

Is Bribe-Giver Liable For Abetment Under S.12 Prevention Of Corruption Act Before 2018 Amendment? Supreme Court To Settle Conflicting HC Views

The Supreme Court is set to consider whether a person who, despite the public servant's refusal, voluntarily offers a bribe to a public servant, should be held liable for abetment for an offence under the Prevention of Corruption Act, 1988, when the bribe amount is recovered from the officer's desk. The bench of Justices Dipankar Datta and Prashant Kumar Mishra was hearing a challenge to...

No Trade License Or Loans For Illegal Buildings; Officers Liable For Wrong Completion Certificates: Supreme Court Issues Directions

The Supreme Court has issued a set of guidelines to curb unauthorised constructions. The Court said that these directions are in addition to the directions issued in an earlier case regarding the demolition of structures.The bench comprising Justices JB Pardiwala and R. Mahadevan directed that it would be mandatory for the builder to display the approved plan during the period of...