Supreme court
Advocate Didn't Disclose That His Wife Was Opposite Party In Client's Case : Supreme Court Upholds BCI Penalty
The Supreme Court recently upheld the decision of the Bar Council of India to suspend the license of an advocate found guilty of professional misconduct. It was based on the findings in an inquiry by Maharashtra and Goa Bar Council that the advocate did not disclose that his wife was the opposite party in the property dispute case taken up by him.The Supreme court bench comprising Justices...
'Publicity Litigation' : Supreme Court Refuses To Entertain Plea Against Opposition Parties Calling Their Alliance 'INDIA'
The Supreme Court on Friday refused to entertain a PIL seeking to stop 26 opposition political parties from using 'the acronym “I.N.D.I.A" (Indian National Democratic Inclusive Alliance) as name of their alliance for the campaigning and advertisements, in the upcoming 2024 general Lok Sabha elections.A Bench comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia observed that the...
NHRC Was Not Right In Seeking To Supervise West Bengal Panchayat Polls; Conduct Of Elections SEC's Sole Responsibility : Supreme Court
The Supreme Court on Friday dismissed a petition filed by the National Human Rights Commission challenging the Calcutta High Court's judgment which set aside the NHRC's decision to appoint its observers for the panchayat elections in the State of West Bengal.On June 23, a single bench of the Calcutta High Court had set aside the NHRC direction and this was further affirmed by a division bench...
Supreme Court Grants Bail To Former Maharashtra Minister Nawab Malik On Medical Grounds For Two Months
The Supreme Court on Friday granted bail to former Maharashtra Minister and NCP MLA Nawab Malik on medical grounds in money laundering case for two months. The interim order was passed by a division bench of Justice Aniruddha Bose and Justice Bela M. Trivedi.Solicitor General Tushar Mehta appearing for the Enforcement Directorate did not object to grant of bail on medical grounds....
Plea Against Boycott Calls | Supreme Court Says Hate Speech Problem Must End; Moots Plan to Direct Police Chief to Form District-Level Committees
The Supreme Court on Friday permitted petitioners, who are seeking action against certain calls made for the social and economic boycott of Muslims, to approach the nodal police officers appointed in terms of the 2018 judgment dealing with mob violence crimes.During the hearing, expressing anguish at the unabated problem of hate speech, the Court orally said that the problem has to be solved...
When Accused Seeks To Quash FIR On Ground That It's Based On Personal Vengeance, Attendant Circumstances Must Be Looked Into : Supreme Court
The Supreme Court, on Tuesday, while quashing a criminal FIR, made imperative observations. It observed that in cases where the quashing of FIR is sought, essentially on the ground that the proceedings are based on ulterior motive for wreaking personal vengeance, “then in such circumstances the Court owes a duty to look into the FIR with care and a little more closely.” The Court...
Supreme Court Summarises Principles On Adverse Possession
Supreme Court, in its recent decision of Government of Kerala & Anr. V. Joseph and Others discussed several principles concerning the adverse possession.At the outset the Court observed, “Possession must be open, clear, continuous, and hostile to the claim or possession of the other party; all three classic requirements must coexist- nec vi, i.e., adequate in continuity; nec clam,...
Sessions Court Should First See If Case Is Of 'Culpable Homicide Not Amounting To Murder' Before Proceeding With Murder Trial : Supreme Court
The Supreme Court observed that a Sessions Court has a duty to undertake an exercise and to satisfy itself whether a case of culpable homicide not amounting to murder is made out or not, before proceeding with the trial of an accused for murder. The prosecution case was that the accused on on 02.08.2011, at about 08:30 p.m., woke up his son and demanded him to purchase a cigarette lighter....
Article 370 Case | J&K Retained Autonomy, It Signed IoA To 'Shake Hands' With India, Not To Embrace It Fully : Zaffar Shah To Supreme Court [Day 5]
On the fifth day of the Indian Supreme Court's hearing in the batch of petitions challenging the dilution of Article 370 of the Constitution of India, Senior Advocate Zaffar Shah, appearing for the J&K High Court Bar Association argued that the State of Jammu and Kashmir (J&K) had retained some constitutional autonomy as it had signed an Instrument of Accession (IoA) and not a...
'Enquire Into Violence Against Women In Manipur From May 4' : Supreme Court Explains Mandate Of Committee Of Three Women Judges
The Supreme Court released the judgment passed in relation to the Manipur ethnic violence on Thursday (August 10) late night. On Monday (August 7), a bench led by Chief Justice of India had indicated its plans to constitute a panel of three women judges to oversee the humanitarian works for the victims and to appoint officers from other States to monitor the investigation of the criminal...
S.482 CrPC | Criminal Antecedents Of Accused Cannot Be The Sole Consideration To Decline To Quash Criminal Proceedings: Supreme Court
The Supreme Court observed that the criminal antecedents of the accused cannot be the sole consideration to decline to quash the criminal proceedings."An accused has a legitimate right to say before the Court that howsoever bad his antecedents may be, still if the FIR fails to disclose commission of any offence or his case falls within one of the parameters as laid down by this Court in the...