Bank Cannot Be Held Responsible For Illegal Activities Conducted By Borrower In Mortgaged Premises: Supreme Court

The Supreme Court (on February 09), while setting aside the impugned order passed by the NGT, Delhi, held that a Bank cannot be held responsible for illegal activities carried out by the borrower in mortgaged premises. The Division bench of Justices Sanjiv Khanna and Dipankar Datta said that this position is not only unacceptable but also not maintainable in law. “…we are unable...

Most Women Inmates Of West Bengal Prisons Were Already Pregnant When Brought To Jail: Amicus Tells Supreme Court

An application filed by Senior Advocate Gaurav Agrawal revealed that there were 62 children born in the jails in West Bengal during the last four years. However, the application added that most of these women inmates 'were already expecting at the time when they were brought to the jails.' “In some cases, the women prisoners had gone out on parole and returned back expecting," Agarwal,...

Roster Notified By Chief Justice Binding On All Judges; No Bench Can Hear A Case Unless Assigned By CJ: Supreme Court

Recently, the Supreme Court observed that a Bench, after releasing the case, is not competent to re-hear the case unless the case is assigned back to the Bench by the Chief Justice as the master of the roster. Setting aside that part of the Bombay High Court's Bench order which granted bail to the accused despite the case being not assigned to the Bench, the Supreme Court Bench...

Prison Reforms : Supreme Court Expands Scope Of District Committees To Address Pregnancies & Related Health Measures Of Women Inmates

The Supreme Court (on February 16) resumed its hearing in the matter relating to conditions in prisons. Last week, the Court had taken suo motu notice of the alarming number of pregnancies occurring among women inmates in prisons across the country. The Court, in today's order, expanded the scope of the district-level committees, which are to be constituted by the States/ UTs to...

Elder Sister Has No Legal Right To Exercise Guardianship Over Younger Sister, Unless There's A Court Order : Supreme Court

In a habeas corpus case filed by a woman for the production of her younger sister, the Supreme Court recently held that an elder sister does not have a legal right to exercise guardianship except when there is an order by a competent Court. Dismissing the petitioner's case, the Bench of Justices Aniruddha Bose and Sanjay Kumar said, “we do not think the writ petition seeking relief...

'Medicines Weren't For Sale' : Supreme Court Sets Aside Sentence Of Imprisonment Imposed On Doctor For Not Disclosing Manufacturer, Imposes Fine

The Supreme Court recently set aside the sentence of imprisonment imposed on a doctor for the offence under Section 18(A) read with Section 28 of the Drugs and Cosmetics Act, 1940, for not disclosing the name of the manufacturer/persons from whom the medicines in his clinic were procured.While maintaining the conviction, the Court converted the sentence of imprisonment of 6 months into a...

Supreme Court Sets Aside Dismissal Of Class-IV Court Staff For Sending Representations Directly To HC & CM On Salary Greivances

The Supreme Court on Thursday (February 15) observed that an employee cannot be terminated from the post merely because he sent a representation to his superior officers flouting the proper channel.“In this regard, it is suffice to observe that Class-IV employee, when in financial hardship, may represent directly to the superior but that by itself cannot amount to major misconduct for...

Hasn't Encroached Judiciary's Land In Delhi, Party's Plot Was Subsequently Earmarked For Court Expansion : AAP Tells Supreme Court

The Aam Aadmi Party (AAP) has told the Supreme Court that it is not in encroachment of any land meant for the judiciary in Delhi. In response to the Supreme Court's direction to remove the encroachment by a "political party" in a land meant for Delhi judiciary, the AAP has filed an affidavit in the Court stating that the said plot had been allotted to it by the Delhi Government in...

Electoral Bonds | Supreme Court Rejects Union's Argument That Citizens Have No Right To Know About Political Funding

Today (February 15), the Supreme Court delivered a historic judgment, holding that anonymous electoral bonds violate the right to information under Article 19(1)(a) of the Constitution. While holding this, the Constitution Bench also upheld the voter's Right to Information about funding to a political party. The Court reasoned that such information is essential for a voter's freedom...

Suit For Declaration Of Title Without Seeking Recovery Of Possession Not Maintainable When Plaintiff Not In Possession: Supreme Court

Recently, the Supreme Court reiterated the well-established position of law that under Section 34 of the Specific Relief Act of 1963, a suit for declaration of title without seeking recovery of possession is not maintainable when the plaintiff is not in possession. In this regard, the Court also stressed that a plaint could be amended at any suit stage, even at the second...

N.I. Act | Directors Not Liable For Dishnor Of Cheque Issued By Company After Their Resignation : Supreme Court

The Supreme Court on Wednesday (February 14) observed that the Director of the company wouldn't be held liable for the dishonor of a cheque issued by the company pursuant to the retirement of the Director unless some credible evidence is brought on record proving the guilt of the director.Reversing the findings of the High Court which refused to quash the criminal proceedings against the...

How Much Each Political Party Got Through Electoral Bonds? Justice Sanjiv Khanna's Judgment Reveals

In his separate but concurring judgment in the Electoral Bonds case, Supreme Court judge Justice Sanjiv Khanna mentioned certain important data regarding contributions through electoral bonds.Based on the data from the website of the Election Commission of India and the details supplied by the petitioners, the judgment mentioned the following table regarding the contributions received...