Supreme court
'CAG Report Can't Be Accepted As Decisive' : Supreme Court Quashes Corruption Charges Against Karnataka EMTA Coal Mines Ltd
The Supreme Court on August 23 quashed two orders passed by the Special Judge, CBI framing charges in a corruption case against the appellants including Karnataka EMTA Coal Mines Ltd.In this case, the appellants filed criminal appeals under Article 136 of the Indian Constitution in light of directions passed by the Supreme Court in Manohar Lal Sharma v. Principal Secretary and Anr...
Can Alimony Be Granted When Marriage Is Declared Void Under Hindu Marriage Act? Supreme Court To Consider
The Supreme Court is set due to consider the issue whether alimony can be granted where the marriage has been declared void. The bench of Justices Vikram Nath and PB Varale noted that there have been conflicting views by the decisions of various division benches in interpreting the applicability of Sections 24 and 25 of the Hindu Marriage Act, 1955 (HMA) and a bench comprising 3 Judges be set...
When Non-Renewal Of Employee's Contract Is For Disciplinary Reasons, Formal Enquiry Is Necessary : Supreme Court
The Supreme Court on Thursday emphasized that mere non mention of background situation in a termination order does not make it non-stigmatic and the court can look into the context to determine the true nature of the termination order.“the form of an order is not its final determinant and the Court can find out the real reason and true character behind terminating/removing an employee”,...
High Time Police Officers Are Given Training On Distinction Between 'Cheating' & 'Criminal Breach Of Trust' : Supreme Court
The Supreme Court on Friday (Aug. 23) suggested that police officers across the country should be imparted proper training in law to understand the fine distinction between the offences of cheating and criminal breach of trust. “It is high time that the police officers across the country are imparted proper training in law so as to understand the fine distinction between the offence...
SC/ST Act | No Bar On Anticipatory Bail Unless Prima Facie Offence Is Made Out: Supreme Court
The Supreme Court on Friday (August 20) held that that the bar to anticipatory bail under Section 18 of the SC and ST (Prevention of Atrocities) Act, 1989 is not attracted unless a prima facie case under the Act is made out against the accused.“If on a prima facie reading of the materials referred to in the complaint and the complaint itself, the ingredients necessary for constituting...
Mere Insult To SC/ST Member Not Offence Under SC/ST Act Unless Intent Was To Humiliate Based On Caste Identity : Supreme Court
The Supreme Court on Friday (August 20) held that mere insult of a member of a Scheduled Caste (SC) or Scheduled Tribe (ST) is not an offence under the SC and ST (Prevention of Atrocities) Act, 1989 unless the accused had the intention to humiliate based on caste identity.“all insults or intimidations to a member of the Scheduled Caste or Scheduled Tribe will not amount to an offence under...
Supreme Court Orders CBI Inquiry Into Alleged Illegalities In Chandigarh Police's Arrest Of Dentist
The Supreme Court has, through its order dated August 06, ordered CBI to conduct a preliminary enquiry into allegations against Chandigarh police for alleged illegalities in the arrest of Chandigarh-based dentist Mohit Dhawan. The Bench of Justices Sudhanshu Dhulia And Ahsanuddin Amanullah was hearing a petition filed by the Union Territory of Chandigarh against Punjab and Haryana...
Supreme Court Asks Police Chiefs To Take Action Against Erring Officials For Arrests In Violation Of S.41/41A CrPC & SC Guidelines
The Supreme Court recently directed that every Magistrate and Sessions judge to inform its jurisdictional Principal District judge about any form of non-compliance by the police in following the arrest guidelines laid down in the Satender Kumar Antil's case within 1 week of recording such non-compliance.The reports regarding the non-compliance should ultimately be forwarded to the Head of...
Supreme Court Allows Benefit Of Section 479 BNSS To Undertrials In Cases Registered Before July 1, 2024
In a significant development, the Supreme Court today (on August 23) held that Section 479 of Bharatiya Nagarik Suraksha Sanhita (BNSS) - the replacement of the Code of Criminal Procedure- would apply retrospectively to the undertrials across the country. It means that the provision will apply to all undertrials in cases was registered before July 1, 2024.As per Section 479 BNSS,...
University Can't Act Arbitrarily, Must Explain Denial Of Legitimate Expectation : Supreme Court In Law Professor's Plea For Regularisation
While directing the Tripura University to decide the plea for regularization of an Assistant Professor (Law) engaged by it on "lien vacancy", the Supreme Court recently observed that a statutory body such as a University cannot act unfairly and arbitrarily in matters of regularization. The decision to regularize should not be based "on the whims of the decision-making authority"; rather,...
Supreme Court Grants Anticipatory Bail To Malayali YouTuber Shajan Skariah In SC/ST Act Case On Kerala MLA's Complaint
The Supreme Court on Friday allowed anticipatory bail to the editor of the Malayalam YouTube News Channel 'Marunadan Malayalee' Shajan Skaria in a criminal case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 over making alleged derogatory remarks against MLA PV Sreenijin.A bench comprising Justices JB Pardiwala and Manoj Misra pronounced the verdict...