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Criminal Cases Having Overwhelmingly Civil Character Should Be Quashed When Parties Settled Dispute : Supreme Court
The Supreme Court today (Oct. 3) observed that criminal cases arising out of civil transactions should be quashed when the parties have resolved their entire disputes among themselves. “It could thus be seen that this Court reiterates the position that the criminal cases having overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions...
Stubble Burning Increased Substantially In Some Punjab & Haryana Districts, Yet Only Mild Penalties Imposed : Supreme Court
The Supreme Court on Thursday (October 3) pulled up the States of Punjab and Haryana as well as the Commission for Air Quality Management in Delhi NCR (CAQM) for not prosecuting persons who have violated CAQM orders to tackle stubble burning under stringent provisions of the CAQM Act and Environmental Protection Act, 1986 (EPA).A bench of Justice Abhay Oka, Justice Ahsanuddin Ammanullah...
Bringing Offence Of 'Rape' Within Marriage 'Excessively Harsh', Other Remedies Exist : Centre Opposes Criminalization Of Marital Rape By Supreme Court
In petitions seeking criminalization of marital rape in India, the Union of India has filed a preliminary affidavit, stating that alternative remedies in law already exist to protect married women against sexual violence and attracting the offense of "rape" to the institution of marriage may be "excessively harsh" and disproportionate.The Centre claims that to decide the constitutionality...
'Separate But Equal' Philosophy Has No Place In Constitution : Supreme Court Rejects View That Caste-Based Segregation Of Prisoners Will Prevent Violence
In a significant judgment declaring prevailing caste-based segregation unconstitutional in a PIL filed by Sukanya Shantha, a journalist at The Wire, the Supreme Court has overruled a judgment of the Madras High Court which accepted that prison inmates segregated based on caste would prevent any untoward incident.In C. Arul v. The Secretary to Government (2014), in a petition praying to...
'No Special Circumstance To Justify Law Affecting Single Entity' : Supreme Court Strikes Down Khalsa University (Repeal) Act 2017
Observing that it would be impermissible for the legislature to single out one entity from other entities without a reasonable classification, the Supreme Court today (Oct. 3) struck down the Khalsa University (Repeal) Act, 2017 (“Repeal Act”) as unconstitutional which sought to single out the Khalsa University amongst 16 private Universities in the State. The bench comprising Justices...
CJI DY Chandrachud Rebukes Lawyer For Inquiring With Court Master About Contents Of Order
Chief Justice of India DY Chandrachud today (October 3) rebuked a counsel for making enquiries with the Court Master regarding the contents of an order.The Counsel mentioned before the CJI that in an arbiration matter, few observations which were dictated in the open court were not present in the final draft of the order. When the CJI asked the counsel how he got to know about the contents of...
Colonial Rulers Imported Caste-Based Allocation Of Work To Prisons Due To Pressure From Oppressor Castes : Supreme Court
In a significant judgment declaring caste-based discrimination in Indian prisons as illegal and unconstitutional, the Supreme Court revisited the history of how the colonial administrator adopted discriminatory social practices prevailing in British India to not upset the oppressor castes. The Court has also initiated suo moto proceedings to ensure that prisons across India comply with...
Supreme Court Grants Bail To Accused Charged Under PMLA In Relation To Mahadev Betting Scandal
The Supreme Court today (October 3) granted bail to accused Sunil Dammani in relation to a money laundering case connected to the Mahadev Betting Scandal. The bench of Justices JB Pardiwala and Manoj Misra was hearing the challenge to the order of the Chhattisgarh High Court which rejected the bail plea of Dammani. The accused was accused of the offence of money laundering under s.3 and 4...
Supreme Court Initiates Suo Moto Proceedings On Discrimination In Prisons Based On Caste, Gender, Disability Etc.
The Supreme Court today while observing that the discrimination inside prisons based on grounds of caste, gender, and disability is illegal, has initiated a suo moto proceedings tilted In Re: Discrimination Inside Prisons in India from now onwards.The suo motu case will be listed after three months for the compliance affidavit by the States/Union with respect to the directions in the...
We've Not Been Able To Eradicate Evil Of Caste Discrimination Even After 75 Years Of Independence, Laments Supreme Court
In its landmark judgment issuing directions to end caste-based segregation and division of work in prisons, the Supreme Court lamented that the evils of caste discrimination are prevalent in India even after 75 years of Independence."More than 75 years since independence, we have not been able to eradicate the evil of caste discrimination. We need to have a national vision for justice...
1998 Brij Bihari Prasad Murder : Supreme Court Upholds Conviction, Life Sentence Of Ex-MLA Munna Shukla & Another; Upholds Acquittal Of 6
In a significant development, the Supreme Court today upheld the conviction and life sentence of accused Munna Shukla (ex-Bihar MLA) and Mantu Tiwari in the 1998 Brij Bihari Prasad murder case. Out of a total of 8 accused, while two's conviction by the trial court was upheld, the Court gave benefit of doubt to 6 others and refused to interfere with their acquittal by the Patna High Court.A...
Tirupati Temple Laddu Case : Live Updates From Supreme Court Hearing
The Supreme Court will hear at 3.30 PM today a batch of petitions seeking a Court-monitored investigation into the allegations that adulterated ghee was used to prepare the laddus which are offered as the parasadam at the Tirupati temple.A bench comprising Justices BR Gavai and KV Viswanathan will hear the matters. On the previous hearing date (September 30), the Court had criticised the...