Supreme court
Person Summoned Under Sec 69 CGST Act Cannot Seek Anticipatory Bail Under S 438 CrPC; Only Remedy Is Under Art 226 : Supreme Court
The Supreme Court on Monday held that if a person is summoned under Section 69 (Power to arrest) of the CGST Act, 2017 for the purpose of recording of his/her statement, the provision of Section 438 (Anticipatory Bail) of Criminal Procedure Code, 1973 cannot be invoked.A division bench of Justice J B Pardiwala and Justice Prashant Kumar Mishra observed: “Thus, the position of law is that...
Can Parliamentary Law Under Article 239AA(7) Alter Constitutional Powers Of Delhi Govt? Issue Referred To Supreme Court Constitution Bench
While referring the Delhi Government's challenge against the Centre's Ordinance on services to a Constitution Bench, a 3-judge bench of the Supreme Court observed that contours of the powers of the Parliament under Article 239AA(7) of the Constitution were not considered in either of the earlier Constitution Bench judgments of 2018 and 2023 in the GNCTD vs Union of India cases.Article 239AA...
LIVE UPDATES - Supreme Court Hearing On Rahul Gandhi's Plea To Stay Conviction In Defamation Case Over 'Modi Surname' Remark
Supreme Court bench of Justices BR Gavai & PK Mishra to hear TODAY Congress leader Rahul Gandhi's plea against Gujarat High Court's order refusing to stay his conviction in criminal ddefamation case over 'why all thieves share Modi surname' remark.Rahul Gandhi approached the Supreme Court challenging the Gujarat High Court's order dismissing his application to stay the conviction in...
'Guilty Intention' vs 'Guilty Knowledge' : Supreme Court Explains Fine Distinction Between Two Parts Of Section 304 IPC
In a judgment delivered yesterday, the Supreme Court explained the fine difference between the two parts of Section 304 of the Indian Penal Code.The bench of Justices B R Gavai and J B Pardiwala observed that, under the first part, the crime of murder is first established and the accused is then given the benefit of one of the exceptions to Section 300 of the IPC, while under the second part,...
Mandate Of Section 52A NDPS Act Has To Be Duly Complied Before Disposal/Destruction Of Seized Narcotic Substances : Supreme Court
The Supreme Court observed that the mandate of Section 52A of the NDPS Act has to be duly complied before any disposal/destruction of seized narcotic substances.The bench of Justices A S Bopanna and M M Sundresh observed thus while allowing an appeal filed by an accused concurrently convicted uinder Section 8(b) read with Section 15(c) of the Narcotic Drugs and Psychotropic Substances Act,...
COFEPOSA | SLP Challenging Report Of Advisory Board/Opinion of Board Not Maintainable: Supreme Court
The Supreme Court recently reiterated that a special leave petition challenging a report of the Advisory Board/Opinion of the Board under the COFEPOSA Act is not maintainable. The order was passed by a division bench of Justice C T Ravikumar and Justice Sanjay Kumar while hearing a challenge to an order passed by the Central Advisory Board, Karnataka under the Conservation of Foreign...
'No Overt Act' : Supreme Court Set Aside Conviction Under Section 323 r/w 34 IPC
The Supreme Court recently set aside the conviction under section 323 read with section 34 IPC(joint liability) on the ground that the appellants themselves did not do any act which can be attributed to them in the incident. The case related to the assault of a woman who was beaten to death. However, the specific role played by appellants in the crime was not proved.The Supreme Court...
Govt Officers Should Not Be Summoned To Court 'At The Drop A Hat' : Supreme Court
The Supreme Court has observed that the practice of summoning authorities of the State to Court at the drop of a hat undermines the majesty of the Court. The Apex Court was of the view that insisting on the presence of officers in court wastes precious time that could be spent in the discharge of their duties and that such a practice must not be adopted as a routine.In this regard the...
Workmen Compensation Act | Functional Disability & Not Physical Disability The Determining Factor To Claim Total Disablement : Supreme Court
While enhancing the compensation to an injured labourer under the Workmen Compensation Act 1923, the Supreme Court reiterated that functional disability is the determining factor and not physical disability. The victim was a laborour who lost the grip of her arm due to damages to nerves when a pole fell on her left arm and she lost her grip due. The Madhya Pradesh High Court assessed...
Supreme Court Upholds Acquittal Of Three Policemen In 36 Year Old Murder Case; Dismisses CBI's Appeal
The Supreme Court on Monday upheld a judgment of the Uttarakhand High Court which dismissed an application filed by the CBI seeking leave to appeal under section 378 (3) of CrPC against order passed by the trial court acquitting three policemen who were charged of murder while patrolling, on the ground that the circumstances found do not constitute a complete chain as to indicate that in...
Supreme Court Allows Teachers To File Representation Before Centre Against Selection Criteria For National Award For Teachers
The Supreme Court recently allowed teachers from 10 different states who had jointly filed a plea challenging the revised selection process for National Award to Teachers issued by the Ministry of Human Resource Development Ministry in 2018 as "opaque and discriminatory", to approach the Centre with their representation.The Court took note of the submission of the Union that the criterion for...
Supreme Court Imposes Rs 50K Costs On Litigant Who Sought 'Neutral Bench' Without OBC/Unreserved Category Judges To Hear Reservation Matter
The Supreme Court on Monday imposed a cost of Rs. 50,000 on a litigant who sought the constitution of a ‘special neutral bench’ with judges who neither belong to OBC nor to unreserved category, to hear a matter pertaining to enhancement in reservation in public service filed by candidates in OBC and unreserved category candidates. The plea was filed before the Apex Court challenging...