Plea In Supreme Court Seeks Consular Assistance To Indian Detained In Czech Over Gurpatwant Singh Pannun Murder Plot

A habeas corpus petition has been filed in the Supreme Court on behalf of Nikhil Gupta, accused by the United States of America of conspiring to assassinate Khalistani separatist Gurpatwant Singh Pannun, seeking the intervention of the Government of India regarding his detention in the Czech Republic. It is alleged in the petition that his detention in a foreign country, at the instance of...

'Hadiya Living Freely, Not Under Illegal Detention' : Kerala High Court Closes Hadiya's Father's Habeas Corpus Petition

The Kerala High Court today closed the Habeas Corpus petition filed by the father of Dr Akhila @ Hadiya alleging that his daughter had been missing since the last month and they were unable to contact her.A division bench comprising Justice Anu Sivaraman and Justice C. Pratheep Kumar observed that Hadiya is not under any illegal detention and thus the Habeas Corpus Petition was not...

Basic Structure Doctrine Has Come To Stay Having Been Accepted By The Parliament Itself: Fali S Nariman

While delivering the inaugural address at the second Ashok Desai Memorial Lecture, renowned jurist and senior advocate Fali S Nariman (on December 12) spoke about the judicial interference vis-à-vis parliament's powers to amend the constitution. Talking about the basic structure doctrine, Nariman said, “Basic structure theory was the response of an anxious and activist Court to the...

PMLA | Courts Not Obliged To Grant Bail Just Because Accused Is A Woman; First Proviso To S.45 Not Mandatory : Supreme Court

Yesterday, while dismissing the bail plea of Saumya Chaurasia, the-then deputy secretary to former Chhattisgarh Chief Minister Bhupesh Baghel, in a money laundering case, the Supreme Court observed that nowadays educated and well-placed women in the society engage themselves in commercial ventures and enterprises, and advertently or inadvertently engage themselves in illegal activities. The...

Revision Petition Under S.115 CPC Not Maintainable Against Refusal To Set Aside Ex-Parte Decree Under Order IX Rule 13 : Supreme Court

The Supreme Court recently held that a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) is not maintainable against the dismissal of an application field under Order IX Rule 13 of the CPC to set aside an ex-parte decree “When there is an express provision available under the CPC or any statute under which an appeal is maintainable, by-passing the same,...

In Rare Move, Supreme Court Bench Lists Matter In Which Judgment Was Reserved For Fresh Hearing By Another Bench

In a rare development, a Supreme Court bench released a matter in which it had reserved judgment and directed it to be heard afresh by another bench, in view of the difference of opinon amongst the judges and the impending retirement of the presiding judge.The Bench of Justices Sanjay Kishan Kaul, CT Ravikumar and Sudhanshu Dhulia was hearing the appeal titled Sarda Mines And Another Vs. State...

Supreme Court(2:1 Majority) Suspends Conviction Of BSP MP Afsal Ansari; Dissenting Judge Says Impact On Electorate Can't Be Considered

The Supreme Court, by 2:1 majority, on Thursday(December 14) suspended the conviction of BSP MP Afzal Ansari in a case under the UP Gangster Act case, paving the way for the restoration of his membership in the Lok Sabha. Though, the Court held that legislator from Ghazipur constituency can attend the House proceedings, he will not be able to cast his votes or draw perks or monetary...

Supreme Court Dismisses Manish Sisodia's Petition Seeking Review Of Judgment Denying Bail In Delhi Liquor Policy Case

The Supreme Court on Wednesday (December 13) dismissed a petition filed by former Delhi Deputy Chief Minister Manish Sisodia seeking a review of its October 30 judgment refusing to grant bail to the Aam Aadmi Party (AAP) leader. Sisodia is facing money laundering and corruption charges over alleged irregularities in the framing and implementation of a now-scrapped liquor policy in the...

Supreme Court Dismisses Civil Judge's Plea Alleging Sexual Harassment By District Judge

The Supreme Court on Wednesday (December 13) refused to entertain a writ petition filed by a Civil Judge(Junior Division) from Uttar Pradesh who alleged that she was sexually harassed by a District Judge.A bench comprising Justices Hrishikesh Roy and Sandeep Mehta noted that the Internal Complaints Committee of the Allahabad High Court is already seized of the matter. Therefore, the bench...

Physical Training Instructor A 'Teacher' Though Not Conducting Classes Within Four Walls : Supreme Court

Recently (on December 13), the Supreme Court observed that merely because a Physical Training Instructor (PTI) is not expected to conduct classes within four walls of the college, it would not make him ineligible for being treated as a teacher."Merely because the appellant, a PTI/Sports Officer, was not expected to conduct classes within the four walls of the College, as in the case of...

Supreme Court Dismisses Plea To Postpone Delhi Judicial Service Exam From Dec 17 Due To Clash With UPSC Exam

The Supreme Court on Thursday (14.12.2023) refused to interfere with the order of the Delhi High Court that had dismissed a plea seeking postponement of the Delhi Judicial Services Preliminary Examination, 2023, which is scheduled to be held on December 17.The plea sought postponement of DJS Prelims Examination 2023 as its date is clashing with the date of Combined Recruitment Test conducted...

Supreme Court First Says Satyendar Jain Should Surrender, Later Agrees To Extend Interim Bail Till January 8

The Supreme Court on Thursday (December 14), while hearing Aam Aadmi Party (AAP) leader Satyendar Jain's bail plea, extended until January 8 an order granting interim bail on medical grounds in May this year. A bench comprising Justices Bela M Trivedi and Satish Chandra Sharma heard the special leave petition filed by Jain, who was arrested by the Directorate of Enforcement (ED) in May...