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...

Witness Who Was Shown In Prosecution List But Not Examined By Prosecution Can Be Summoned As Defence Witness: Supreme Court

In a dowry death case, the Supreme Court recently allowed a witness cited by prosecution to be examined by the defence, considering that he was discharged by the former without being called to depose."...the prosecution has consequentially chosen to discharge the said witness and, therefore, he has not been put in the witness box to depose on behalf of the prosecution. In such view of the...

SC/ST Reservation-Validity Of Sub-classification- Supreme Court 7 Judges Bench Hearing- [DAY-3] WATCH LIVE

COURTESY: SUPREME...

Law Ministry Accepts Parliamentary Standing Committee's Recommendation To Establish Regional Benches Of Supreme Court

The Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice on Wednesday presented the 144th Report outlining the response of the Union Law Ministry to the recommendations made for judicial reforms in the 133rd Report of the Committee. The 133rd report was presented before the Rajya Sabha on August 7, 2023, and tabled before the Lok Sabha on the same day.The Union...

Degree Of Backwardness Within Scheduled Castes May Vary, Says Supreme Court; Centre Supports Subclassification Within SCs/STs [Day 2]

The Supreme Court Constitution Bench on Tuesday (February 7) while hearing on the validity of subclassifications within SC/STs deliberated upon the notion of homogeneity of class and what Article 341 of the Constitution meant in light of communities designated as a “Scheduled Caste” Senior Advocate Kapil Sibal appearing from the petitioner's side, argued that there were two key mistakes...

Criminal Justice Machinery Being Misused By Certain Persons For Vested Interests; Courts Have To Be Vigilant : Supreme Court

Expressing concerns about the misuse of the criminal justice machinery by certain persons to achieve their oblique motives, the Supreme Court recently urged that the Courts have to be vigilant against such tendencies.The Supreme Court said that that the High Courts must exercise their inherent powers under Section 482 of the Code of Criminal Procedure to quash criminal proceedings in such...

Supreme Court Refuses To Interfere With Madras HC Direction To Conduct Murder Trial Inside Jail, Keeps Question Of Law Open

The Supreme Court on Wednesday (February 7) declined to entertain a plea challenging a directive issued by the Madras High Court to conduct trial proceedings within prison premises.This case originated from an appeal filed by one Sutherson against the rejection of his bail plea by a Thoothukudi special court. He was arrested for the murder of an advocate over suspected business rivalry...

BREAKING | Uttarakhand Legislative Assembly Passes Bill On 'Uniform Civil Code', Becomes First State To Do So

The Uttarakhand State Legislative Assembly on Wednesday passed the Uniform Civil Code, Uttarakhand, 2024 Bill. With this, Uttarakhand became the first State in the country to pass a law on Uniform Civil Code. The bill was tabled before the Assembly today two days after the Uttarakhand Cabinet approved the final draft of the Uniform Civil Code (UCC). Earlier, in 2022, a committee was formed by...

Supreme Court Collegium Recommends Justice NV Anjaria As Chief Justice Of Karnataka High Court

The Supreme Court Collegium has recommended the appointment of Gujarat High Court judge Justice NV Anjaria as the Chief Justice of Karnataka High Court.The appointment, if cleared by the Central government, will take place following the retirement of the current Chief Justice of the Karnataka High Court, Justice PS Dinesh Kumar on February 24th.Justice Anjaria was appointed as a Judge of...