BREAKING | Calcutta High Court Denies Bail To Former WB Education Minister Partha Chatterjee In Cash-For-Jobs Scam

The Calcutta High Court has declined the bail prayer of former Education Minister and Member of Legislative Assembly Partha Chatterjee in the cash-for-jobs recruitment scam, involving the illegal recruitment of Assistant Teachers under the West Bengal Board of Primary Education.A single bench upon going through the evidence including the amounts of money and assets, jewellery seized...

Supreme Court Questions UP Police For Including Confession Statements Of Accused In Chargesheet, Seeks DGP's Affidavit

The Supreme Court has expressed prima facie disapproval of the inclusion of statements of the accused, which are recorded during the investigation, in the chargesheet. Some of those statements are in the nature of alleged confessional statements, the Court noted."We find that so called statements of the accused which are allegedly recorded during interrogation are forming part of...

Supreme Court Directs Minimum 1/3rd Women's Reservation In Supreme Court Bar Association Posts From 2024 Elections

In a major development, the Supreme Court on Thursday (May 2) directed the implementation of a minimum 1/3rd women's reservation in the posts of the Supreme Court Bar Association "henceforth", including the ensuing elections (2024-2025).The Court further directed that in the ensuing elections for 2024-25, the post of Treasurer of SCBA shall be reserved for a woman candidate. "In the...

S.205 CrPC | Court Can Exempt Accused From Personal Appearance Before Grant Of Bail : Supreme Court

The Supreme Court on Wednesday (May 1) observed that even before the grant of bail, the accused can be exempted from showing his personal appearance before the court. “The observation (of the High Court) that there is no provision for granting exemption from personal appearance prior to obtaining bail, is not correct, as the power to grant exemption from personal appearance under the...

“Evolution Happens When You Recognize Your Mistake And Try To Change It”: Madras High Court Judge Criticises Own Judgment From 2018

While speaking at a lecture series organized by the Madras Bar Association Academy in coordination with the Rakesh Law Foundation, Justice Anand Venkatesh of Madras High Court emphasized that an individual should have the courage to accept his mistakes and be open to changing it. The judge delivered a lecture on “A Judge Criticizing his own judgment in the Matter of Suit...

S.138 NI Act | Supreme Court Sets Aside HC Decision Allowing Amendment Of Cheque Date Mentioned In Complaint

The Supreme Court recently set aside a judgment of the High Court which allowed a complainant in a cheque dishonour case to amend the date of the cheque mentioned in the complaint.The Supreme Court noted that the amendment application was moved after the evidence stage was over. Here, the date of the cheque was mentioned as 22.07.2010 in the complaint. The same date was mentioned in the...

Suit For Recovery Against 'Sick Company' Not Barred If It Doesn't Affect Company's Properties Or Revival Scheme : Supreme Court

If the recovery proceedings against the Sick Company do not pose a threat to its properties or have adversely impacted the scheme of the revival of the Sick Company, then there wouldn't be a bar for filing a suit for the recovery of the dues against the Sick Company, observed the Supreme Court.Concurring with the findings of the High Court, the bench comprising Justices JB Pardiwala and...

Non-Bailable Warrants Shouldn't Be Issued Unless Accused Charged With Heinous Crime Is Likely To Abscond Or Destroy Evidence: Supreme Court

The Supreme Court, in a judgment delivered on May 1, cautioned against the routine issuance of non-bailable warrants. The Court said that non-bailalbe warrants not be issued unless the accused is charged with a heinous crime, and is likely to evade the process of law or tamper/destroy evidence. “While there are no comprehensive set of guidelines for the issuance of nonbailable warrants,...

Supreme Court Criminal Digest -March 2024

Anticipatory Bail Custodial interrogation is one of the effective modes of investigating into the alleged crime. It is equally true that just because custodial interrogation is not required that by itself may also not be a ground to release an accused on anticipatory bail if the offences are of a serious nature. However, a mere assertion on the part of the State while opposing the...

AstraZeneca Statement On Rare Vaccine Side Effect : Recalling Supreme Court Verdict On Covid Vaccine Trials & AEFI Reporting

A statement made by AstraZeneca that its vaccine against COVID-19 (which was made and sold in India as Covishield) can cause adverse effects related to blood clotting in rare cases has created a certain degree of panic among some people in India, particularly among those who received the Covishield vaccine. However, many in the medical field point out that the statement by AstraZeneca - which...

Should Penal Provisions Of Customs Act, GST Act Etc. Be Compatible With CrPC? Supreme Court Starts Hearing

The Supreme Court today(May 1) started hearing a batch of 281 petitions challenging penal provisions of various laws such as the Customs Act, Excise Act and GST Act as non-compatible with the Code of Criminal Procedure (CrPC) and the Constitution.The pleas were listed before a Bench of Justices Sanjiv Khanna, MM Sundresh and Bela M Trivedi. After a day-long hearing, the same would again be...

Chargesheet Must Contain Clear & Complete Entries, Specify Role Of Each Accused; Witness Statements Be Enclosed With It : Supreme Court

Taking note of the importance of the submission of a charge sheet to take cognizance of an offence by a magistrate, the Supreme Court on Wednesday (May 1) observed that the charge sheet must contain clear and complete entries of all columns to enable the court to understand which crime has been committed by which accused and what is the material evidence available on the file.“Therefore,...