Supreme court
S 482 CrPC - High Court Can Try To Read In Between The Lines While Considering Plea To Quash FIR : Supreme Court
The Supreme Court observed that, a High Court, while considering a petition seeking quashing of FIR/Criminal Proceedings under Section 482 CrPC, is empowered to take into account the overall circumstances leading to the initiation/registration of the case as well as the materials collected in the course of investigation."In frivolous or vexatious proceedings, the Court owes a duty to look...
Kuno Cheetah Deaths| Supreme Court Requests Centre To Take Into Consideration Suggestions Of Expert Committee In 'Right Earnest'
The Supreme Court on Monday closed the plea regarding the deaths of Cheetahs translocated to Madhya Pradesh’s Kuno National Park from the African continent, taking on record the submission of the Centre that all the members on the Consulting Panel of Cheetah Project Steering Committee are being consulted to carry on the project in a proper manner and to ensure further deaths are...
Though Nationalised Bank Employee Is 'Public Servant', Protection Under Section 197 CrPC Not Available : Supreme Court
The Supreme Court has observed that the protection of Section 197 CrPC is not available to a person working in a Nationalised Bank.Section 197 CrPC is attracted only in cases where the public servant is such who is not removable from his service save by or with the sanction of the Government, the bench of Justices B R Gavai and J B Pardiwala said.In this case, the accused was serving as...
Supreme Court Stays Kerala HC Order That Quashed FIR Against Former DGP Jacob Thomas In The Dredger Scam Case
The Supreme Court on Tuesday stayed the 2021 Kerala High Court Judgment that had quashed the First Information Report (FIR) against Dr. Jacob Thomas, Former Director General of Police of Kerala in the dredger scam case in which he has been accused of engaging in tender rigging.The FIR was stayed by a division bench of Justice Abhay S. Oka and Justice Sanjay Karol. In February 2022, the...
BREAKING| Plea In Supreme Court Seeks Action Against Calls Made For Social & Economic Boycott Of Muslims
A plea has been moved in the Supreme Court seeking action against the calls made by several groups, following Nuh-Gurugram communal violence, for the social and economic boycott of Muslims.Senior Advocate Kapil Sibal mentioned the matter before Chief Justice of India DY Chandrachud when the Constitution Bench hearing the Article 370 case was about to break for lunch.Seeking urgent hearing of...
UPSC Civil Service Exam : Supreme Court Issues Notice On Plea By 3 Candidates Who Were Denied EWS Reservation Due To Error In Certificate
The Supreme Court on Monday issued notice on a petition filed 3 civil service aspirants who contended that they were denied reservation under the Economically Weaker Section (EWS) category due to a clerical error made in the Certificate by the competent authority. The petitioners said that they were not selected in the Civil Services Examination conducted by the Union Public Services...
15 Days Police Custody Meant To Be Applied To Entire Period Of Investigation As A Whole : Supreme Court Doubts 1992 Precedent
In the Senthil Balaji case, the Supreme Court has questioned the interpretation given by the 1992 judgment in CBI v. Anupam J. Kulkarni that the police or investigating agency can't seek custody of the accused after the first 15 days from the arrest.Earlier this year, in April, another 2-judge bench of the Supreme Court in CBI v.Vikas Mishra had also doubted the Anupam Kulkarni dictum...
Supreme Court Half Yearly Digest 2023- Arbitration
12 months’ time limit under Section 29A Arbitration Act not applicable to international commercial arbitration. TATA Sons Pvt. Ltd. v. Siva Industries and Holdings Ltd., 2023 LiveLaw (SC) 39 : 2023 INSC 13 : (2023) 5 SCC 4212015 Arbitration Amendment not applicable though S.11 application was filed after it, if arbitration notice was issued pre-amendment. Shree Vishnu Constructions v....
Violation Of Section 19 PMLA Will Vitiate Arrest; Magistrate Should Ensure That ED Followed Arrest Procedure : Supreme Court
The Supreme Court on Monday held that any non-compliance of the mandate of Section 19 (Power To Arrest) of the Prevention Of Money Laundering Act, 2002, would vitiate the very arrest itself. A division bench of Justice A S Bopanna and Justice M M Sundresh while dismissing Tamil Nadu Minister Senthil Balaji's plea challenging custody by Enforcement Directorate in the money laundering...
‘Custody' Under Section 167 CrPC Includes Custody Of Other Investigating Agencies Such As ED, Not Just Police: Supreme Court
The Supreme Court on Monday held that ‘custody' under Section 167 of the Code of Criminal Procedure, 1973 includes custody of other investigating agencies such as the Enforcement Directorate and not just the police alone.The said observation was made by a division bench of Justice A S Bopanna and Justice M M Sundresh while dismissing Tamil Nadu Minister Senthil Balaji's plea challenging...
Section 41A CrPC Not Applicable To Arrest Made Under PMLA: Supreme Court
The Supreme Court on Monday while dismissing Tamil Nadu Minister Senthil Balaji's plea challenging custody by Enforcement Directorate in the money laundering case, held that Section 41A of the Code of Criminal Procedure, 1973 (Notice of appearance before police officer) would not apply to an arrest made under the Prevention Of Money Laundering Act, 2002."Section 41A of the CrPC, 1973 has got...
Habeas Corpus Writ Not Maintainable Against ED Alleging Illegal Arrest;Plea To Be Raised Before Magistrate: Supreme Court
The Supreme Court on Monday while dismissing Tamil Nadu Minister Senthil Balaji's plea challenging custody by Enforcement Directorate in the money laundering case, held that a writ of habeas corpus would not be maintainable on allegation of illegal arrest by the ED. The Apex Court clarified that the plea regarding illegal arrest is to made before concerned the Magistrate, since custody...