Supreme Court Asks Meghalaya Govt To Issue Clear Instruction About Ban On 'Two-Finger' Test In Rape Cases

Recently (on May 07), the Supreme Court, while hearing a criminal appeal arising out of the High Court of Meghalaya, expressed its dismay that the “two-finger test” was used in a rape case despite being deprecated by the Top Court. The Court also took into account that the decision in Lillu @ Rajesh and Anr. V. State of Haryana (2013) 14SCC 643, holding that the two-finger test on a...

'Grounds Of Arrest' Must Contain All Basic Facts To Provide Opportunity To Accused To Oppose Remand & Seek Bail : Supreme Court

The Supreme Court, in its judgment delivered today on May 15, distinguished between the 'reasons for arrest' and 'grounds of arrest'. The Court said that there is a significant difference between these two phrases. It explained that 'reasons of arrest' are formal and could apply generally to any person arrested of an offence. Elaborating, the Court also cited several of these...

Uttrakhand Forest Fires : Supreme Court Seeks Personal Presence Of State Chief Secretary For Explanations

Taking into consideration the importance of controlling fires in the forests of Uttarakhand, the Supreme Court on Wednesday directed the Chief Secretary of the state to personally remain present on May 17The bench of Justices B. R. Gavai, S. V. N. Bhatti and Sandeep Mehta required the Chief Secretary to explain-1. As to why CAMPA Funds(Compensatory Afforestation Fund Management and...

Arrest & Remand Illegal If Accused Not Informed Grounds Of Arrest; Filing Of Chargesheet Won't Validate Illegal Arrest : Supreme Court

The Supreme Court (today on May 15) opined that an illegal arrest and remand order cannot be validated merely on the ground that a chargesheet has been filed. “Mere fact that a charge sheet has been filed in the matter, would not validate the illegality and the unconstitutionality committed at the time of arresting the accused and the grant of initial police custody remand to...

Supreme Court Calls For Report On Environmental Impact Of Construction Of 5-Star Hotel Near Udai Sagar Lake, Rajasthan

In a public interest litigation assailing construction of a 5-star hotel in Udai Sagar lake of Rajasthan, the Supreme Court on May 14 called for a report from the state government on the status of construction as well as its impact on the environment (including the lake).A bench of Justices Sanjiv Khanna and Dipankar Datta passed the order, listing the matter in September, 2024. The status...

'What About Right Of Child In Womb?' : Supreme Court Rejects Plea To Abort 30-Week Pregnancy

The Supreme Court on Wednesday (May 15) dismissed a petition filed by a woman seeking termination of her pregnancy which crossed 30 weeks of gestational age.A bench comprising Justices BR Gavai, Sandeep Mehta and SVN Bhatti was considering a Special Leave Petition filed against the judgment delivered by the Delhi High Court on May 3 dismissing the woman's plea. When the High Court passed...

Accused Must Be Given Written Grounds Of Arrest In UAPA Cases Too : Supreme Court Extends Ratio Of 'Pankaj Bansal' Judgment

In one of the crucial developments, the Supreme Court (today on May 15), held that the ratio laid down in the judgment in the case Pankaj Bansal v Union of India mandating that grounds of arrest must be supplied to the accused in writing will also apply in the cases registered under the Unlawful Activities (Prevention) Act 1967. The Bench of Justices BR Gavai and Sandeep Mehta made...

'Why Do You Want To Contest From Varanasi?' Supreme Court Rejects Tamil Nadu Farm Activist's Plea To Extend Time To File Nomination

The Supreme Court on Wednesday (May 15) refused to entertain a writ petition filed by Tamil Nadu-based farmers' leader P Ayyakannu who wanted to contest the Lok Sabha elections from the Varanasi constituency in Uttar Pradesh. Disinclined to consider the issue of granting an extension of time to file his nomination, the Court termed the petition as 'Publicity Interest Litigation.' It is...

Supreme Court To Hear Ex-TN Minister Senthil Balaji's Bail Plea In Money Laundering Case Tomorrow

The Supreme Court today (May 15) adjourned the bail petition filed by former Tamil Nadu Minister V Senthil Balaji to tomorrow. The MLA and former Minister has challenged a Madras High Court order denying him bail in a money laundering case over the cash-for-jobs allegations.The bench of Justices AS Oka and Ujjal Bhuyan granted the adjournment at the request of the Solicitor General who said...

Labelling and Re-Labelling of Containers Qualifies as 'Manufacture' for CENVAT Credit Under Excise Act: Supreme Court

The Supreme Court has held that labelling or re-labelling of containers amounts to 'manufacture' under the Central Excise Act for availing cenvat creditThe bench of Justices A. S. Oka and Ujjal Bhuyan was pronouncing its judgment on an appeal by the revenue under Section 35L(1)(b) of the Central Excise Act, 1944 against a 2015 order passed by the CESTAT, Mumbai.By the impugned order, CESTAT...

Supreme Court Allows Abbas Ansari To Attend Private Memorial Service For His Late Father Mukhtar Ansari From June 10-12

The Supreme Court today (May 15) allowed jailed MLA Abbas Ansari to attend the private prayers kept in memory of his late father Mukhtar Ansari on June 10, 2024. Mukhtar Ansari died on March 28 following a cardiac arrest while undergoing a sentence of life imprisonment.The bench comprising Justices Surya Kant and KV Viswanathan acceded to Ansari's prayer to also spend time with his family...

Wrong Doers Cannot Be Allowed To Make Profit Out Of Their Own Wrongs : Supreme Court

The Supreme Court has reiterated that no one can be permitted to take undue advantage of his own wrong to gain favourable interpretation of law, and that he who prevents a thing from being done shall not avail himself of the non- performance he has occasionedThe bench of Justices B. R. Gavai and Sandeep Mehta was pronouncing its decision on the Municipal Committee, Katra's appeal against the...