Supreme Court Gives UP Govt 8 Weeks To Consider Need For Guidelines On Invocation Of Gangsters Act

The Supreme Court on April 19 granted 8 weeks' time to Uttar Pradesh government to consider desirability of laying down some parameters/guidelines in relation to the invocation of the provisions of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 ("Act").The matter was listed before a Bench of Justices Surya Kant and KV Viswanathan, when Additional Solicitor General...

'Intoxicating Liquor' Doesn't Include 'Denatured Spirit', But Includes 'Extra Neutral Alcohol' : State Of Kerala To Supreme Court

The Supreme Court on Thursday (April 18) concluded its 9-judge Constitution Bench hearing on the issue whether States have the power to regulate 'industrial alcohol' using their powers over 'intoxicating liquor' or whether it is exclusively reserved for the Union. On the last day of the hearing, the Court conducted a rejoinder session. While the majority of the states contested for a...

S. 498A IPC | Supreme Court Imposes Rs 5 Lakh Cost On Wife's Father For Filing False Cases At Different Places To Harass Husband

The Supreme Court on Friday (April 19) imposed a cost of Rs.5 Lakhs on a wife's father for lodging a false Section 498A IPC case at different places against the husband to harass him by facing trial at different places."We thus deprecate this practice of state machinery being misused for ulterior motives and for causing harassment to the other side (husband), we are thus inclined to impose...

New Criminal Laws Would Produce Positive Impact Only If Infrastructure Development & Capacity Building Are Done : CJI DY Chandrachud

Chief Justice of India DY Chandrachud, while speaking at a conference today (April 20), underscored that the new criminal laws will only bring positive changes if the required investments for infrastructure development and capacity building of forensic experts and investigating officers are made "as soon as possible." CJI was essentially stressing the urgency of investment in the...

Process For IBC Offences To Be Issued By Sessions Court Despite Companies Act Amendment Vesting Jurisdiction On Judicial Magistrate: Supreme Court

Observing that the offences committed under the Insolvency and Bankruptcy Code, 2016 (“IBC”) would be tried by the Special Court established under Section 435 of the Companies Act, 2013 and the sessions judge would have the power to issue process against the accused, the Supreme Court on Friday (April 19) upheld the issuance of process by the sessions judge to the accused.The Court...

The Complete Supreme Court Annual Digest- 2023 [Part-VIII]

Criminal Law High Courts while exercising Section 482 Cr.P.C. power legally bound to see if accusations constitute any offence. Abhishek Saxena v. State of Uttar Pradesh, 2023 LiveLaw (SC) 1072 No adverse inference against prosecution merely because witnesses are withheld. Maheshwari Yadav v. State of Bihar, 2023 LiveLaw (SC) 1063 Delay in filing fir not satisfactorily...

Supreme Court Weekly Digest With Subject /Statute Wise Index [March 18 to 24]

Citations 2024 LiveLaw (SC) 240 to 2024 LiveLaw (SC) 255Arbitration and Conciliation Act 1996Arbitration and Conciliation Act 1996; Section 78(5) – Arbitration clause – Two-Contract Case – When the parties enter into a contract, making a general reference to another contract, such general reference would not have the effect of incorporating the arbitration clause from the referred...

To Prove S.27 Evidence Act Statement, Investigating Officer Must Narrate What Accused Stated; Merely Exhibiting Memorandum Not Enough : Supreme Court

In a notable judgment, the Supreme Court has discussed how to prove a disclosure statement made by an accused under Section 27 of the Indian Evidence Act.The Court noted that the statement of an accused recorded by a police officer under Section 27 of the Evidence Act is basically a "memorandum of confession" of the accused recorded by the Investigating Officer during interrogation which has...

Liquor Policy: Delhi Court Reserves Order On Manish Sisodia's Bail Pleas In CBI, ED Cases

A Delhi Court on Saturday reserved an order on the second regular bail plea filed by Former Deputy Chief Minister of Delhi and Aam Aadmi Party leader Manish Sisodia in the money laundering and corruption cases connected to the liquor policy case.Sisodia is presently in judicial custody in both cases.Special judge Kaveri Baweja of Rouse Avenue Courts reserved the verdict after hearing...

Explainer | Appeal On Ground Of Religion & Use Of Religious Symbols For Votes As 'Corrupt Practice' Under RP Act

In this election season, all voters need to understand how the law prohibits the appeal to votes on the ground of religion and the use of religious symbols in elections.Section 123 of the Representation of the People Act, 1951 specifies the acts which are deemed to be "corrupt practices" in elections. Sub-sections (3) and (3A) are relevant for the purposes of this article.Section 123(3) reads...

Supreme Court Permits Withdrawal Of Plea Seeking Regulation Of Inappropriate Content On OTT Platforms, Asks Litigant To First Approach Govt

The Supreme Court today permitted withdrawal of a plea seeking regulation of inappropriate content on over-the-top (OTT) platforms, while granting liberty to the petitioner to make a representation to the Union of India.The Bench of Justices BR Gavai and Sandeep Mehta passed the order on the petition filed in public interest, challenging the publication of inappropriate content on OTT...

Supreme Court Stays Himachal Pradesh HC Order Refusing Recall Of Transfer Directions Against Kangra SP

The Supreme Court on Friday (April 19) stayed the order of the Himachal Pradesh High Court which directed the transfer of Superintendent of Police (SP), Kangra District. The High Court in the impugned order refused to recall its earlier directions on transferring Kangra SP Shalini Agnihotri and DGP Sanjay Kundu. The Supreme Court bench comprising CJI DY Chandrachud and Justice JB Pardiwala...