'Appointments Only On Advertised Vacancies' : Supreme Court Holds 2 Judges To Be Wrongly Appointed; Refuses To Unseat Them Noting 10 Yrs Service

The Supreme Court recently held the procedure adopted by the Himachal Pradesh Public Service Commission and the High Court in the selection of Civil Judge (Junior Divisions) in 2013 to be wrong and consequently, the appointments of two judicial officers were found to be irregular. At the same time, the Court refused to unseat the two officers, considering the fact that they have rendered over...

Delhi Govt's Advertisement Funds Will Be Transferred To RRTS Project If Budgetary Allocation Not Made In 7 Days: Supreme Court

However, the Court kept the order in abeyance for one week, stating that it would come into operation if the Government did not voluntarily transfer the funds for the project within a week.

Police Must Secure Transit Remand For Arrests Outside State To Safeguard Rights Under Article 22 : Supreme Court

The Supreme Court recently held that the police have to obtain a transit remand when arresting an individual outside the jurisdiction where the offence is registered. This mandate is in line with the requirements of Article 22 of the Constitution, emphasizing the need for police to facilitate the accused's transfer from the location of arrest to the jurisdiction where the crime...

Conditions For Transit Anticipatory Bail In FIRs Registered In Other States : Supreme Court Explains

In a significant and groundbreaking judgment, the Supreme Court has held that High Courts and Sessions Court have power to grant interim/transit anticipatory bail even when the First Information Report (FIR) has been registered in another State. The Court finally set aside the judgment of Patna High Court in Syed Zafrul Hassan and the judgment of Calcutta High Court in Sadhan Chandra Kolay to...

Can't Seek Bail Merely Because Co-Accused Got Bail; To Apply Parity, Individual Role Of Accused Must Be Seen : Supreme Court

In a recent judgment, the Supreme Court dismissed the appellant's plea for bail on the grounds of parity with other co-accused who had been granted bail in a money laundering case. The Court emphatically stated that the principle of parity is not an absolute law but depends on individual circumstances and roles in the alleged offense.It observed “It is axiomatic that the principle of parity...

When Detention Of Accused Is Continued By Court, Trial Must Be Completed In A Reasonable Time : Supreme Court

"When the detention of the accused is continued by the Court, the courts are also expected to conclude the trials within a reasonable time, further ensuring the right of speedy trial guaranteed by Article 21 of the Constitution," said the Supreme Court while rejecting the bail application in a money laundering case.The bench comprising Justices Aniruddha Bose and Bela M Trivedi also...

Hate Speech | 28 States/UTs Have Appointed Nodal Officers As Per 'Tehseen Poonawalla' Judgment : Centre Tells Supreme Court

The Centre has informed the Supreme Court that 28 states have appointed nodal officers in terms of directions in the 'Tehseen Poonawalla' guidelines in which the Court had issued guidelines to prevent mob violence and lynching. The status report was filed by the Centre in a batch of petitions seeking directions to prevent/curb hate speech.As per the Centre's status report, the States...

High Courts, Session Courts Can Grant Interim/Transit Anticipatory Bail Even When FIR Is Registered In Another State: Supreme Court

The Court laid down certain conditions to check the abuse of transit bail.

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [October 1 – 8, 2023]

Citations: 2023 LiveLaw (SC) 844 To 2023 LiveLaw (SC) 863SUBJECT WISE INDEXBurden of ProofDistinction between the burden of proof and the burden of going forward with the evidence. Generally, the burden of proof upon any affirmative proposition necessary to be established as the foundation of an issue does not shift, but the burden of evidence or the burden of explanation may shift from one...

Whether Subsequent Change Of Law Can Be A Ground To Challenge Acquittal : Supreme Court To Decide

The Supreme Court is set to examine whether a subsequent change in law can be a ground for condoning delay or to disturb the acquittal finding.To provide a brief background, the Bench of Justices Hrishikesh Roy and Sanjay Karol recently (on November 06) issued notice in a special leave petition (SLP) filed against an interim order of the Kerala High Court. Therein, the High Court had admitted...

Supreme Court Monthly Digest September 2023

Citations: 2023 LiveLaw (SC) 737 To 2023 LiveLaw (SC) 843SUBJECT WISE INDEXAbortion'No immediate threat to mother's life; no foetal abnormality' : Supreme Court rejects married woman's plea to abort 26-week pregnancy. X v. Union of India, 2023 LiveLaw (SC) 840AdvocateSupreme Court directs Manipur bar associations to not prevent lawyers of any community from appearing before courts; warns...

'Should Not Have Waited For 13 Years ': Supreme Court Dismisses Specific Performance Suit Filed In 1999 For Sale Agreement Of 1986

The Supreme Court recently set aside the decree passed in a civil suit for specific performance filed in 1999 for the enforcement of an agreement to sell executed in 1986.A bench of Justice Rajesh Bindal and Justice Vikram Nath said that the aggrieved party should have taken remedial measures on time not waited for 13 years to file a suit for specific performance. According to the facts of...