Supreme court
Child From Void/Voidable Marriage Cannot Be Treated As Coparcener By Birth In Mitakshara Hindu Undivided Family : Supreme Court
The Supreme Court, while holding that a child born from a void or a voidable marriage is entitled to parents' share in a Hindu Undivided Family(HUF) governed by Mitakshara law, clarified that such a child cannot be treated as coparcener by birth in the HUF."If a person born from a void or voidable marriage to whom legitimacy is conferred by sub-sections (1) or (2) of Section 16 [of the...
Legal Aid - Advocate Appointed To Represent Accused Should Be Given Reasonable Time To Go Through File & Get Ready : Supreme Court
The Supreme Court observed that a legal-aid advocate appointed to represent the accused should be given reasonable time to go through the file and get ready to assist the Court. The object of appointing an advocate to espouse the cause of the appellant who was unrepresented was to ensure that justice is done to him, the bench of Justices Abhay S Oka and Pankaj Mithal said.In this case,...
HC Can Act On Section 482 Petition To Quash FIR Even If Chargesheet Has Been Filed During Its Pendency : Supreme Court
The Supreme Court recently clarified that the High Courts can quash an FIR even if chargesheet was filed while the petition filed under Section 482 CrPC was pending."It is well settled that the High Court would continue to have the power to entertain and act upon a petition filed under Section 482 Cr.P.C. to quash the FIR even when a chargesheet is filed by the police during the pendency of...
'Far-Fetched, Vague Allegations' : Supreme Court Quashes Sec 498A IPC Case By Wife Against Mother-in-Law & Brothers-in-Law
'The Supreme Court recently quashed the criminal proceedings initiated at the instance of a wife against her in-laws for the offence of cruelty under Section 498A of the Indian Penal Code after noting that the allegations were "mostly general and omnibus in nature".The woman had lodged the FIR against her mother-in-law and two brothers-in-law (one of them a judicial officer). The accused...
Magistrate Can Take Cognizance Of Protest Petition After Rejecting Police Final Report : Supreme Court
The Supreme Court observed that on the receipt of final report, Magistrate can exercise his discretion to treat protest petition as a complaint case.The bench of Justices Bela M Trivedi and Dipankar Datta noted that on the receipt of the police report under Section 173 Cr.P.C., the Magistrate can exercise three options. Firstly, he may decide that there is no sufficient ground for...
Supreme Court Upholds Disciplinary Action Against Bank Manager For Lapses In Loan Approval; Rejects Defence Of Following Superiors' Instructions
The Supreme Court recently set aside the order of a division bench of the Delhi High Court that had quashed the disciplinary action initiated by Bank of India (later amalgamated with Punjab National Bank) against a delinquent Bank Manager. Disciplinary action was initiated against the respondent for sanctioning a loan which later became a Non-Performing Asset (NPA) causing huge losses to...
EPFO Employees Must Comply With IBC Timeline For Filing Claims; Default Officers Must Face Action : Supreme Court
The Supreme Court recently held that the Commissioner and employees of the Employees Provident Fund Organization (EPFO) must ensure that they comply with the timelines under the Insolvency and Bankruptcy Code, 2016. The Apex Court also stated that in case of failure to comply with the timelines, action must be taken against erring employees. "..we are of the view that the Commissioner...
Supreme Court Surprised By Gujarat HC Granting Bail To Murder Accused Based On 'Settlement' With Victim's Son; Chastises State For Not Challenging Order
In a recent order, the Supreme Court expressed surprise at an order passed by the Gujarat High Court granting bail to an accused in a murder case on the basis of a 'settlement' between him and the the original complainant(son of the deceased victim).The Court raised questions about the appropriateness of allowing personal settlements in serious criminal cases of such magnitude and...
Can Accused Seek Default Bail If Chargesheet Filed Is Incomplete? Supreme Court Seeks CBI's View
The Supreme Court recently faced an intriguing question as to whether an incomplete chargesheet would entitle an accused to default bail under Section 167(2) of the Code of Criminal Procedure and if cognisance could be taken based on it. This question arose in a case where although the chargesheet was filed within 60 days as per section 167 CrPC, the petitioner sought default bail contending...
Can't Say Exactly When Jammu & Kashmir's Statehood Will Be Restored; Ready For Elections : Centre Tells Supreme Court [Day 13]
The Central Government on Thursday told the Supreme Court that it cannot give an exact timeline for restoring statehood to Jammu and Kashmir. At the same time, it clarified that the Union Territory status of J&K will be temporary."I am unable to give an exact time period for complete statehood, while saying UT status is a temporary status", Solicitor General of India Tushar Mehta told...
Supreme Court Deprecates High Courts Allowing Admission To Educational Institutions Through Interim Orders
The Supreme Court recently deprecated the practice of directing admission to educational institutions by way of interim orders, while considering a Special Leave Petition against an interim order of the Gujarat High Court that had directed the National Commission For Homeopathy to admit students in vacant seats of the Swanirbhar Homeopathic Medical College Sanchalak Mahamandal, an association...