Top Three News
How To Exercise The Discretionary Power For Granting Bail? Principles Summarized By Supreme Court
The Supreme Court observed that seriousness of crime is an aspect to be considered while granting bail to an accused.The bench of Justices DY Chandrachud and MR Shah set aside a bail granted by the High Court to a murder accused.One Harjit Singh had approached the Apex Court against the High Court order granting bail to persons accused of murdering his father. He contended that the High...
'In All Fairness, We Expect You To Wait' : Supreme Court To West Bengal Govt On Judicial Probe Ordered Into Pegasus Issue
The Supreme Court on Wednesday observed that it expected the West Bengal Government to 'show restraint' and wait before proceeding with the judicial enquiry ordered by it into the Pegasus issue, when the Court is considering the matter.However, the Court refrained from passing any order to stay the functioning of the judicial commission constituted by the West Bengal Government, after...
Narayan Rane 'Slap' Remark- Arrest Justified, Custodial Interrogation Uncalled For: Magistrate Records While Granting Bail
A Mahad Magistrate who granted bail to Union Minister Narayan Rane last night said his arrest in an FIR for his 'slap' remark against the Chief Minister Uddhav Thackeray was "justified," however, his custodial interrogation was not necessary. Judicial Magistrate First Class SS Patil granted bail to Rane in one of the four FIRs registered against him in Maharashtra in a late-night...
Economic Criterion Cannot Be The Sole Basis For Identifying 'Creamy Layer': Supreme Court
The Supreme Court has observed that economic criterion cannot be the sole basis for identifying 'creamy layer'."..the State of Haryana has sought to determine 'creamy layer' from backward classes solely on the basis of economic criterion and has committed a grave error in doing so. On this ground alone, the notification dated 17.08.2016 requires to be set aside", the Supreme Court...
Order 39 Rule 1 CPC: Can A Defendant Seek Injunction In A Suit Filed By Plaintiff? SC Issues Notice
Can a defendant in a suit seek injunction under Order XXXIX of the Code of Civil Procedure, the Supreme Court has issued notice in a special leave petition which raised this issue.In this case, the plaintiffs, who approached the Apex Court, contended that in view of Order XXXIX Rule 1(c) CPC, a defendant cannot.Their appeals against a Trial Court order which allowed the injunction...
EPF Pension Case : Supreme Court Refers EPFO Appeals to 3-Judge Bench
A 2-judge bench of the Supreme Court on Tuesday referred to a 3-judge bench the appeals filed by Employees Provident Fund Organization and Union of India, challenging the judgments of various High Courts which quashed the Employee's Pension (Amendment) Scheme, 2014."We have said that questions that arise are whether there will be cut off date or not for the option under(Paragraph 11(3) of...
Section 167(2) CrPC - Default Bail Not Available For Not Filing Supplementary Chargesheet : Karnataka High Court
The Karnataka High Court recently said that the supplementary charge sheet is only an additional material collected against the accused persons and that the provisions of Section 167(2) of Cr. P.C, (default bail) cannot be made applicable to it."Section 167(2) of Cr.P.C., is applicable only when charge sheet is not laid down and it starts operative when accused is arrested during the course...
Supreme Court Issues Notice In Plea Challenging Dwarka Flyover Construction
The petitioner contended that the High Court gave NHAI carte blanche to continue its activities despite lack of approval under the Air Act of 1981, the Water Act of 1974 and environmental clearance under the Environmental Impact Assessment (EIA) Notification, 2006.
Section 438(4) CrPC- Grant Accused Three Days Interim Protection From Arrest After Rejection of Anticipatory Bail: Bombay High Court
In a significant ruling, the Nagpur Bench of Bombay High Court held that an individual should not be arrested right after his anticipatory bail application(ABA) is rejected if the Sessions Court had directed him to remain present under section 438(4) of the CrPC, and he should be granted interim protection for three days.
Gujarat High Court Holds Petitions Challenging Liquor Prohibition Law As Maintainable
The Gujarat High Court on Monday held as maintainable a batch of writ petitions challenging the prohibition on manufacture, sale and consumption of liquor in the state as per the Gujarat Prohibition Act, 1949.A division bench comprising Chief Justice Vikram Nath and Justice Biren Vaishnav rejected the preliminary objection raised by the State of Gujarat against the maintainability of...
