Supreme Court Holds As Invalid Assam Police Rule Making Civil Service Officer Reporting Authority Of Superintendent of Police

The Supreme Court, in its recent judgment (on January 18), refused to interfere with the Gauhati High Court's ruling that Rule 63(iii) of the Assam Police Manual was invalid being in direct conflict with Section 14(2) of the Assam Police Act, 2007 (Act). To provide a brief background to the concerned provisions, Rule 63(iii) of the Manual prescribes that the Annual Confidential...

Supreme Court Grants Relief To Judiciary Aspirant, Sets Aside UPPSC's Rejection Of Candidature For One Day's Delay In Receiving Form

The Supreme Court on Friday (January 19) set aside a decision of the Uttar Pradesh Public Service Commission (UPPSC) to reject the application of a candidate for the Judicial Service (Junior Division) Examination and directed the UPPSC to declare the results of the petitioner. “An order that the rejection of an application of a petitioner at the hands of the state commission shall not...

Supreme Court Asks CEC To Examine Issues Related To Mining In Aravali Hills

The Supreme Court (on January 10), prima facie, opined that if the State of Rajasthan believes that the mining activities in the Aravali Range pose a threat to the environment, the State can also prevent mining activities in the Aravalli Range. “We, prima facie, feel that if the State is of the view that the mining activities in the Aravali Range is also detrimental to the...

Natural Death As Per Post Mortem Report : Supreme Court Upholds Discharge Of Accused In Murder Case

While upholding the discharge of appellants who were arrayed as accused for a murder of a deceased-woman, Supreme Court on Thursday (January 18) set-aside the finding of the High Court by noting that the expert testimony of the doctor who performed the autopsy of the deceased cannot be completely ignored while deciding the guilt of an accused. “In the post-mortem, no injury was found on...

Are SFIO Officers Police Officers Under Code Of Criminal Procedure? Supreme Court Leaves Question Of Law Open

The Supreme Court, while dismissing a petitiion for quashing a complaint filed by the Serious Fraud Investigation Office (SFIO), has left a crucial question of law open i.e., whether SFIO are police officer(s) under the Code of Criminal Procedure, 1973. The matter was placed before Justices Sanjiv Khanna and Dipankar Datta. The High Court, in its impugned order, had concluded...

Supreme Court Directs High Courts To Set Up Vulnerable Witness Deposition Centres By April 30

In a significant legal development, the Supreme Court directed all the High Courts to take necessary steps to set up Vulnerable Witnesses Deposition Centres (VWDCs) in all districts. The Court said this exercise must be completed on or before 30 April 2024. The bench of Chief Justice of India DY Chandrachud, Justices J.B. Pardiwala and Manoj Misra was hearing a...

Taxpayer Entitled To Hearing On Merits If Appeals Were Dismissed By HC For Delay In Filing Paper-Book: Supreme Court

While setting aside the Rajasthan High Court orders, the Supreme Court restored the assessee's appeals by condoning the delay in filing the paper-book before High Court and observed that the assessee is entitled to have his appeals heard on merits.The Division Bench comprising of Justice P.S. Narasimha and Justice Aravind Kumar, observed that “As Appeal No. 817 of 2008 stood dismissed...

S.197 CrPC Applies Only To Acts In Discharge Of Public Servant's Official Duties; Fabrication Of Documents Not Part Of Official Duty: Supreme Court

The Supreme Court on Wednesday (January 17), while deciding a criminal appeal, held that the prior sanction for prosecution as per Section 197 of the Code of Criminal Procedure is not required to prosecute a public servant for the act of creating fake documents as the alleged acts do not form a part of his official duty.In this case, the High Court had quashed the criminal proceedings against...

'When Question Of A Person's Liberty Is Involved, Even A Day's Delay Counts' : Supreme Court Criticises HC For Dragging Habeas Corpus Plea

Setting at liberty a 25-year old woman detained by her parents, the Supreme Court today (January 17) expressed anguish at the callous approach shown by the Karnataka High Court in the matter. Despite the woman stating that she wished to return to Dubai from where she had been taken by her parents, the High Court did not set her at liberty with immediate effect and rather postponed the...

When Does Enquiry Commence Under Prevention Of Corruption Act? Supreme Court Judges Differ In Chandrababu Naidu Case

In the Chandrababu Naidu case, the Supreme Court division bench, apart from disagreeing on the retrospective application of Section 17A of the Prevention of Corruption Act 1988(PC Act), also differed on the point of time for the commencement of enquiry under the PC Act.The issue was whether the enquiry in the case could be deemed to have commenced from 05.06.2018 when the Director General...

Supreme Court Annual Digest 2023 - Service Law

28 years after applying, a man got a job in the postal dept at 50 years of age due to the Supreme Court's Order. 2023 LiveLaw (SC) 882A person cannot be deemed to be in service when the first dismissal order is in force. 2023 LiveLaw (SC) 42Absorption - The appellant's claim for absorption as Assistant Teacher in the Higher Secondary Section is not tenable. It observed that the appellant...

Chandrababu Naidu Case : Why Supreme Court Judges Differed On Retrospective Application Of Section 17A Prevention Of Corruption Act?

In the petition filed by former Andhra Pradesh Chief Minister Chandrababu Naidu, the Supreme Court has delivered a split verdict on the retrospective application of Section 17A of the Prevention of Corruption Act, 1988 (PC Act) to offences which existed before the 2018 amendment, which inserted Section 17A. Justice Aniruddha Bose held that the mandate for previous approval under S. 17A...