'No Evidence Establishes UAPA Case, Links With Banned Groups' : Bhima-Koregaon Accused Shoma Sen Argues For Bail In Supreme Court

Former Nagpur University professor and Bhima Koregaon-accused Shoma Sen defended her bail plea in the Supreme Court on Thursday (December 8) by alleging a lack of evidence connecting her to the case under the Unlawful Activities (Prevention) Act, 1967, or establishing her purported links with the proscribed Communist Party of India (Maoist).A bench of Justices Aniruddha Bose and Augustine...

Parliament Clears Water (Prevention and Control of Pollution) Amendment Bill, 2024

With an aim inter-alia to rationalize minor offenses related to water pollution, the Parliament on Thursday (February 8) cleared the Water (Prevention and Control of Pollution) Amendment Bill, 2024.The Bill seeks to amend the Water (Prevention and Control of Pollution) Act, 1974. It proposes decriminalizing several "minor" violations related to water pollution (instead, imposing...

CA's Misconduct : Supreme Court Upholds Chartered Accountants' Rule That Allows Board To Refer Matter To Disciplinary Committee

In a significant development, the Supreme Court on Thursday (February 8) dispelled a challenge to a rule under Chartered Accountants' (Procedure of Investigation of Professional and Other Misconduct and Conduct of Cases) Rules, 2007, which allows the Board of Discipline to refer a complaint for misconduct to the Disciplinary Committee despite opinion of the Director (Discipline) that...

'Bail The Exception, Jail The Rule Under UAPA' : Supreme Court Expounds Tests To Grant Bail In UAPA Cases

While denying bail to a man charged under the Unlawful Activities (Prevention) Act, 1967 ("UAPA") for allegedly promoting Khalistani terror movement, the Supreme Court on Wednesday (February 7) held that mere delay in trial is no ground to grant bail in grave offences.Notably, the Bench comprising Justices MM Sundresh and Aravind Kumar observed that under the UAPA, "jail is the rule and bail...

How Uttarakhand Uniform Civil Code Impacts Hindu, Muslim & Christian Succession Laws

The Uniform Civil Code of Uttarakhand, 2024 (“UCC”) passed by the Legislative Assembly of Uttarakhand has brought substantial changes to the law of inheritance of property i.e., succession law. The Code will apply to all persons irrespective of their religion.Section 390 of the Code also says that any law, custom, or usage in force in the State, that is inconsistent with the Code, will...

Can SC/STs Be Subcategorized To Give Reservations For More Backward Groups? Supreme Court Reserves Judgment

A 7-judge Constitution Bench of the Supreme Court headed by the Chief Justice of India, DY Chandrachud today culminated the 3 day-long hearing on the issue of permissibility of subclassification within the Scheduled Castes and Scheduled Tribes for reservations.In the 3 daylong hearing, the Court deliberated upon the social history of untouchability, the notion of Scheduled Castes and...

S.377 IPC | Curative Petitions Against 2013 Judgment Infructuous Since Homosexuality Was Decriminalised Later : Supreme Court

A 5-judge bench of the Supreme Court on Thursday (February 8) held that the curative petition filed against the 2013 judgment, which upheld Section 377 of the Indian Penal Code (which criminalised homosexuality), has become infructuous in the light of the 2018 judgment which decriminalised homosexuality.In 2009, the Delhi High Court, in the case Naz Foundation v. Union of India had struck...

Supreme Court Dismisses ED's Challenge To HC Order Granting Bail To Ex-Punjab CM Charanjit Singh Channi's Nephew

The Supreme Court (on February 05) confirmed the Punjab and Haryana High Court's order allowing the bail to former Punjab Chief Minister Charanjit Singh Channi's nephew Bhupinder Singh. Singh had moved the bail application before the High Court in a case under the Prevention of Money Laundering Act arising out of an alleged illegal sand mining case. Notwithstanding, the Division Bench of...

Prosecution Sanction Under Section 197 Cr.P.C Explained By Justice V Ram Kumar [Part-3]

L. Can it be said that certain offences committed by public servants cannot constitute acts done in performance of official duty ? 13. Unfortunately yes, in the light of certain decisions of the Supreme Court. In State of H.P. v. M.P Gupta (2004) 2 SCC 349 = AIR 2004 SC 730 - Doraiswamy Raju, Arijit Pasayat - JJ, it was held by the Apex Court that it was no part of...

UAPA | Mere Delay In Trial No Ground To Grant Bail When Grave Offences Are Involved : Supreme Court

While denying bail to a man charged under the Unlawful Activities (Prevention) Act, 1967 ("UAPA") for allegedly promoting Khalistani terror movement, the Supreme Court on Wednesday (February 7) held that mere delay in trial is no ground to grant bail in grave offences.To quote the Bench of Justices MM Sundresh and Aravind Kumar, "...material on record prima facie indicates the complicity of...

If Caste Validity Certificate Not Produced Within 12 Months Of Election, Panchayat Member From Reserved Seat Will Be Disqualified In Maharashtra: Supreme Court

The Supreme Court has held that Panchayat members in Maharashtra, who got elected from a seat reserved for SC/OBC, will stand automatically disqualified if they fail to produce the Validity Certificate from the Scrutiny Committee regarding their Caste Certificate within 12 months from the date of election.This is because of the operation of Section 10-1A of the Maharashtra Village Panchayats...

Is Subclassification Permissible Within SC/ST Reservation ? Supreme Court Reserves Judgment [Live Updates Day 3]

A seven-judge bench of the Supreme Court will continue hearing the reference on the permissibility of Sub-Classification Within SC-ST Reservation.The Bench led by CJI DY Chandrachud also comprises Justices BR Gavai, Vikram Nath, Bela M Trivedi, Pankaj Mithal, Manoj Misra and Satish Chandra Sharma. The report of the Day 1 hearing can be read here. Day 2 report can be read here.The matter...