Charge Under UP Gangsters Act Unsustainable When Accused Is Exonerated Of Predicate IPC Offences : Supreme Court

The Supreme Court on Monday (February 19) observed that to prosecute the accused under Section 3(1) of the U.P. Gangsters Act (“Act”), the prosecution is required to prove that the accused being a member of the gang should be found indulging in anti-social activities which would be covered under the predicate offences punishable under the Indian Penal Code. “Needless to say that...

Terminating Women Officer On Ground Of Marriage Is Arbitrary : Supreme Court Asks Union To Pay Rs 60 Lakh Compensation To Ex-Military Nurse

In a case where a woman nursing officer was terminated from the Military Nursing Service on the grounds of marriage, the Supreme Court firmly termed the same to be a 'coarse case of gender discrimination and inequality'. The Division Bench of Justices Sanjiv Khanna and Dipankar Datta also reiterated that rules, on the basis of which such women officers were terminated because of...

Police Must Exercise Heightened Caution When Drawn Into Dispute Involving Unethical Transactions : Supreme Court

The Supreme Court on Monday (February 19) observed that police should exercise "heightened caution" while registering a criminal case over a dispute involving unethical transactions between parties in which civil remedies are barred. The police should ensure that the parties are not resorting to criminal law remedies to achieve unscrupulous results in cases where civil remedies are...

States/UTs Must Follow Definition Of 'Forest' Given By Godavarman Judgment Till Forests Are Identified As Per 2023 Rules : Supreme Court

The Supreme Court on Monday (February 19) passed an interim order directing that States and Union Territories must act as per the definition of "forest" laid down in the 1996 judgment in T.N Godavarman Thirumalpad v. Union of India while the process of identifying land recorded as forests in Government records is going on as per the 2023 amendment to Forest (Conservation) Act.A bench led by...

Sandeshkhali Violence : Supreme Court Refuses To Entertain PIL For CBI/SIT Probe, Allows Petitioner To Approach Calcutta HC

The Supreme Court on Monday (February 19) refused to entertain a PIL which sought a CBI/SIT investigation into the reports regarding the sexual assault of women in Sandeshkhali in West Bengal.The Bench of Justices BV Nagarathna and Augustine George Masih however granted liberty to the petitioner to approach the Calcutta High Court, which has already taken suo motu cognizance of the...

NDPS Act | Courts Should Be Slow In Granting Even Regular Bail To Accused When Huge Quantities Of Narcotics Are Recovered: Supreme Court

Recently, the Supreme Court observed that the Courts should be slow in granting bail to the accused in case of recovery of huge quantity of narcotic substance from the accused. Reversing the decision of the High Court which granted anticipatory bail to the accused against whom an FIR is being registered of conspiring in the procurement/supply of 232.5 Kg of ganja, the Bench Comprising...

Supreme Court Annual Digest 2023 -Income Tax Act, 1961

2015 amendment to Section 153C of Income Tax Act will apply to searches conducted prior to the date of amendment. 2023 LiveLaw (SC) 274Amendment brought to Section 153C of the Act, 1961 vide Finance Act, 2015 shall be applicable to searches conducted under Section 132 of the Act, 1961 before 01.06.2015, i.e., the date of the amendment. (Para 11) 2023 LiveLaw (SC) 274Carrier of Goods not...

Must Read Judgments For Supreme Court Law Clerk Cum-Research Associates Exam 2024

This January, the Supreme Court of India invited online applications for the post of Law Clerk-cum Research Associates on Short-Term contractual assignment. The exam is scheduled for 10 March 2024. For this purpose, the Top Court published the list of relevant cases for the Clerkship Exam. We have collated all the cases while also giving brief descriptions of each case.CONSTITUTION...

Accused Who Surrenders Before Court Can't Be Taken In Custody When Court Hasn't Issued Summoning Order After Taking Cognizance: Supreme Court

The Supreme Court has observed that an accused cannot be taken into custody when he voluntarily surrenders before the Court even though the Court which has taken cognizance of the chargesheet has not issued a summoning order against him.The Court further stated that a bail application filed by such an accused, who voluntarily surrendered even in the absence of a summoning order, cannot...

'Poor Litigant Harassed For 22 Years' : Supreme Court Imposes Rs 10 Lakh Cost On Rajashtan Govt For Refusing To Reinstate Labourer

The Supreme Court on Friday (February 16) imposed a cost of Rs. 10,00,000/- (Ten Lakhs only) on the State of Rajasthan for harassing the poor litigant, who was compelled to file repeated litigation to get the fruits of the award of the Labour Court.Terming the plea filed by the State as frivolous litigation, the Bench Comprising Justices Vikram Nath and Satish Chandra Sharma dismissed the...

Supreme Court Weekly Digest With Subject/Statute Wise Index [February 1 to 11]

Armed Forces Tribunal Act, 2007Armed Forces Tribunal Act, 2007; Section 31 - The recruitment was not confined to the priority / reserved class rather it was open for general category also in case vacancies remain available. The Recruitment application(s) clearly establishes that the appellants have applied as a general category candidate(s) against the surplus seats/vacancies remaining...

'Right To Defend Oneself A Fundamental Right' : Supreme Court Quashes Bar Association's Resolution To Not Represent A Party

Recently, the Supreme Court observed that the right to defend oneself is a fundamental right under the Constitution of India, and no resolution could be passed by the Bar Association to forbid other members of the bar to appear on behalf of the petitioner who appeared in person to defend its case. The aforesaid observation of the Supreme Court Bench comprising Justices Vikram Nath and...