Supreme court
S. 300 IPC | Lacking Intention To Commit Murder Irrelevant If Bodily Injury Is Caused With Lethal Weapon, Likely To Cause Death : Supreme Court
The Supreme Court upheld the conviction of an individual for committing murder who, out of a scuffle, inflicted serious injury on vital parts of the deceased body with lethal weapons. The bench comprising Justice Vikram Nath and Justice Prasanna B Varale rejected the accused-appellant's argument that his act to commit murder was not intentional and premeditated, hence he cannot be punished...
Supreme Court Weekly Round-up: December 02, 2024 To December 08, 2024
IndexCitationsAshok v. State of Uttar Pradesh, Criminal Appeal No. 771 of 2024 2024 LiveLaw (SC) 941Union of India & Ors. v. Saroj Devi 2024 LiveLaw (SC) 942Satish Kumar Ravi v. State of Jharkhand & Anr. 2024 LiveLaw(SC) 943Oachira Parabrahma Temple & Anr. v. G. Vijayanathakurup and Ors., Civil Appeal Nos. 13708 - 13709 of 2024 2024 LiveLaw (SC) 944Irfan Khan v. State (NCT of...
Supreme Court Grants Permanent Commission to Woman Army Officer Who Was Denied Benefits Given To Similarly Situated Others
The Supreme Court on Monday (December 9) ruled in favor of a female Army Lieutenant Colonel, granting her permanent commission after she was unfairly left out while others in similar situations were extended the same benefit.The appellant-Lt. Col, commissioned as a Short Service Commission (SSC) Officer in the Army Dental Corps in 2008, assailed the Armed Forces Tribunal's (AFT) decision...
In Quashing Petition, Wider Challenge Is Available Than Discharge Petition : Supreme Court
The Supreme Court reiterated that an accused can still file a petition to quash criminal proceedings under Section 482 of the Criminal Procedure Code (Cr.P.C.) even after filing a charge sheet. It rejected the argument that the accused must wait for charges to be framed and then challenge an order framing charges through a revision application.The Court explained that in a quashing...
Supreme Court Cites CAA While Granting Relief To Person Who Migrated From East Pakistan In 1969
The Supreme Court recently cited the Citizenship Amendment Act (CAA) of 2019 while allowing the citizenship claim of an individual who migrated from East Pakistan (now Bangladesh) to India in 1969.The bench comprising Justice J.K. Maheshwari and Justice R. Mahadevan referred to the proviso added to Section 2(1)(b) of the Citizenship Act, 1955 ("Act") by the 2019 Amendment to state that...
UGC/AICTE Retirement Age Regulations Not Binding On State University-Affiliated Institutions Without State Adoption : Supreme Court
The Supreme Court on Friday (Dec. 6) held that amended UGC or AICTE regulations raising the retirement age to 65 years do not apply to institutions affiliated to State Universities where the State Government opts not to adopt those regulations. Such institutions must follow the retirement age followed in the State. The bench comprising Justice Vikram Nath and Justice Prasanna B. Varale heard...
Complete Police Verification Of Candidates Selected For Govt Service Within 6 Months Of Their Appointment : Supreme Court Directs All States
The Supreme Court warned against the careless and indifferent approach of the Police Authorities in failing to submit the Police Verification Report of candidates selected for government service appointments within the required timeframe, affecting the regularization of candidates. In this regard, the bench comprising Justice JK Maheshwari and Justice R Mahadevan issued a direction to...
Intent Of S.50 NDPS Act Is To Inform Suspect Of Right To Be Taken To Officer Who Isn't Part Of Search Party : Supreme Court
The Supreme Court has observed that the intent behind Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 is to inform a suspect who is about to be searched of the right to be taken to a Gazetted Officer who is not part of the raid team."It is obvious that the intent behind the provision is to ensure that the person about to be searched is made aware of the option to be...
S. 197 CrPC | Once Denied, Sanction to Prosecute Public Servant Cannot Be Granted Again On Same Material : Supreme Court
The Supreme Court recently held that once a sanction to prosecute a public servant has been denied, it cannot be granted again unless new material is presented to the competent authority justifying the subsequent sanction.“The subsequent sanction was given based on the same material, therefore, in the absence of any other contra material which weighed in the mind of the sanctioning...
Supreme Court Rejects State's Argument That It Has No Liability To Pay Retiral Benefits To Employee Of Aided Institution Whose Dismissal Was Set Aside
In a recent case, the Supreme Court rejected the Gujarat Government's argument that it has no liability to pay the Retiral Benefits to the employee of an aided educational institution whose dismissal was set aside. The Court ruled that the payment of the pensionary and retiral benefits to the employee of an aided private educational institution rests with the State Government, not the...
In Specific Performance Suit, Separate Relief For Possession Not Required When Transfer Of Possession Is Implicit In Agreement To Sell : Supreme Court
The Supreme Court observed that when possession of the immovable property is transferred implicitly upon execution of the sale deed, a separate suit seeking possession of the immovable property is not required under Section 22 of the Specific Relief Act, 1963 (“SRA”). While holding so, the bench comprising Justice JB Pardiwala and Justice R Mahadevan explained two different...