Sambhal Case Reminder That Courts Must Enforce Places Of Worship Act In Letter & Spirit To Preserve Social Fabric

The Supreme Court ought to give a conclusive pronouncement that the PoW Act cannot be circumvented under the guise of determining religious character.

Send Advance Letters To Withdraw Cases, Will Help Bench Save Time: CJI Sanjiv Khanna

Chief Justice of India Sanjiv Khanna today (November 27) suggested that lawyers send letters in advance with requests for withdrawal of cases instead of making oral submissions when the matter is taken up.During the morning session, the Counsel appearing in a case of transfer of a family matter informed that the parties have settled their issues and now seek to withdraw the transfer...

Routine Transfer Of Cases To CBI Overburdens It, Demoralises State Police Officers : Supreme Court

The Supreme Court recently observed that routine transfer of cases from state authorities to the Central Bureau of Investigation (CBI) overburdens 'premier investigating agency' of the country and has a 'very serious demoralizing impact' on officers of the state police.The observation came while the Court was dealing with State of West Bengal's challenge to a Calcutta High Court order,...

Religious Conversion Only To Avail Reservation Benefits Without Actual Belief Impermissible, Fraud On Constitution: Supreme Court

The Supreme Court upheld a Madras High Court decision denying a Scheduled Caste ("SC") certificate to a woman born as a Christian who claimed to be Hindu while applying for an Upper Division Clerk job in Puducherry. The Court ruled that religious conversion undertaken solely to access reservation benefits, without genuine belief in the adopted religion, undermines the fundamental...

Supreme Court Quarterly Criminal Digest 2024 [July - September]

Armed ForcesCivilian Killings - FIR and subsequent proceedings quashed due to absence of mandatory sanction under Section 6 of the Armed Forces (Special Powers) Act (AFSPA), 1958. Rabina Ghale v. Union of India, 2024 LiveLaw (SC) 707 : AIR 2024 SC 4547BailAccused in custody can seek anticipatory bail for another case. Dhanraj Aswani v. Amar S. Mulchandani, 2024 LiveLaw (SC) 675Accused need...

'Yamuna Expressway A Vital Heartline' : Supreme Court Upholds Land Acquisition For Yamuna Expressway Invoking Urgency Clause

The Supreme Court today upheld the land acquisition proceedings commenced under the Land Acquisition Act, 1894 (the Act), for the Yamuna Expressway Industrial Development Authority (YEIDA) project in Gautam Budh Nagar, Uttar Pradesh. The Court justified the State's act to invoke the urgency provisions under Sections 17(1) and 17(4) of the Act to bypass the hearing of objections under Section...

'How Do You Check Passengers Who Get Intoxicated In-Flight?' Supreme Court Asks Union In PIL By Air India Urination Case Victim

During the hearing of the Air India urination case, the Supreme Court today queried the Union as to how it checks passengers who get intoxicated in-flight and asked that the Directorate General of Civil Aviation (DGCA) examine the petitioner's suggestions to see if existing guidelines to regulate unruly flight behavior can be made more comprehensive.A bench of Justices BR Gavai and KV...

Any Land Declared As Masjid, Graveyard In Revenue Records Must Be Protected As Waqf Even If Unused By Muslims For Long : Punjab & Haryana High Court

The Punjab & Haryana High Court has said that any entry in the revenue records declaring the land as "Takia, graveyard and Maszid" is required to be protected even if the same is not used by Muslim community from a long time.The Court rejected the plea filed by a Gram Panchayat challenging the decision of a Waqf Tribunal whereby the Tribunal declared a land as waqf property and restrained...

CJI Sanjiv Khanna Stresses Importance Of Judiciary Being Open To Scrutiny & Constructive Feedback

Chief Justice of India Sanjiv Khanna in his speech during the Constitutional Day celebrations at the Supreme Court emphasized the importance of constructive feedback in identifying and eliminating systematic inefficiencies and bottlenecks in the judiciary.CJI Khanna addressed differing perspectives on the constitutional courts in India. While some consider them among the most powerful in...

Plea Bargaining Has Been A Non-Starter, Compounding And Probation Need Legislative Focus: CJI Sanjiv Khanna In Constitution Day Address

CJI Sanjiv Khanna flagged reducing case backlogs & undertrial prisoners as challenges faced by the judiciary.

Supreme Court Allows SDF Functionaries To Withdraw Pleas Challenging Reduction In Sikkim CM's Disqualification Period

Considering applications for withdrawal filed on behalf of the petitioners, the Supreme Court today dismissed two petitions challenging the appointment of Prem Singh Tamang as Chief Minister of Sikkim and the Election Commission's reduction of his disqualification period (upon conviction) from 6 years to 1 year.A bench of Justices Surya Kant and Ujjal Bhuyan passed the order, taking into...

'Worrying Trend' : Supreme Court Expresses Concerns At Using Criminal Law Against Men After Breakup Of Consensual Relationship

Unless it is shown that the physical relationship was purely out of the promise of marriage, it cannot be said that consent was vitiated due to misconception of fact, the Court said.