Supreme court
Supreme Court Directs Kejriwal To Not Visit CM Office While On Interim Bail, Says He May Decide Whether To Step Down From CM Post
While granting interim bail to Delhi Chief Minister Arvind Kejriwal on Friday (July 12) in the case registered by ED under PMLA over the alleged Delhi Liquor Policy scam, the Supreme Court today directed that Kejriwal shall not visit the CM office and Delhi Secretariat during the period of interim release.The judgment, passed by Justices Sanjiv Khanna and Dipankar Datta, imposed the...
Supreme Court Grants Interim Bail To Arvind Kejriwal In PMLA Case; Refers Plea Challenging ED Arrest To Larger Bench
In a significant development, the Supreme Court on Friday (July 12) granted interim bail to Delhi Chief Minister Arvind Kejriwal in the case registered under the Prevention of Money Laundering Act (PMLA) over the alleged liquor policy scam, while referring his petition challenging the arrest by the Enforcement Directorate (ED) to a larger bench.A bench comprising Justices Sanjiv Khanna...
PC Act | Sanction Necessary To Summon Public Servant As Additional Accused As Per S.319 CrPC : Supreme Court
The Supreme Court has reiterated that the court cannot take cognizance of an offence committed by a public servant under the Prevention of Corruption Act in the absence of prosecution sanction.The Court held that this condition is applicable even for summoning a public servant as an additional accused under Section 319 of the Code of Criminal Procedure.The Court said that the accused cannot...
Trial Courts Must Be Cautious In Accepting Dock Identification Of Stranger Accused By Witness Without Test Identification Parade : Supreme Court
The Supreme Court observed that if the accused is a stranger to a witness, then without holding a Test Identification Parade(TIP) of the accused, the identification of the accused by a witness in the court cannot be considered a good piece of evidence for deciding conviction.“In cases where accused is a stranger to a witness and there has been no TIP, the trial court should be very...
Collegium Recommends Appointment Of Justice N Kotiswar Singh, Justice R Mahadevan As Supreme Court Judges
The Supreme Court Collegium on Thursday recommended the appointment of Chief Justice of the Jammu & Kashmir and Ladakh High Court, Justice N Kotiswar Singh and Acting Chief Justice of Madras High Court, Justice R Mahadevan as judges of the Apex Court. The Collegium of the Supreme Court, headed by Chief Justice of India, Justice DY Chandrachud, considered the names of the Chief Justices...
Presumption Of Non-Application Of Mind If Bail Order Does Not Furnish Reasons: Supreme Court
Recently (on July 09), the Supreme Court observed that where an order of bail does not furnish reasons behind the decision taken, there is a presumption of the non-application of mind."Where an order refusing or granting bail does not furnish the reasons that inform the decision, there is a presumption of the non-application of mind which may require the intervention of this...
Hindu Marriage Act | Divorce Petition Can Be Filed If Spouse Ignores Restitution Of Conjugal Rights Decree For Over One Year : Supreme Court
The Supreme Court observed that a divorce petition can be presented on the ground that there has been no restitution of conjugal rights between the parties to the marriage for a period of one year and more after passing the decree for restitution of conjugal rights.The Court referred to Section 13(1A)(ii) of the Hindu Marriage Act 1955 in this regard."Under Section 13(1A)(ii), it is provided...
Lis Pendens Doctrine Does Not Bar Property Purchaser From Seeking Impleadment In Suit : Supreme Court
The Supreme Court reiterated that a registered sale deed cannot be held to be void merely because it was executed during the pendency of a suit in relation to the property. The doctrine of lis pendens under Section 52 of the Transfer of Property Act 1882 does not render the pendente lite transfer void.The Court also held that there is no bar for impleadment of the transferee who has purchased...
Relevant Factors To Assess Compensation In Land Acquisition Proceedings : Supreme Court Explains
The Supreme Court on Wednesday (July 10) laid down the three categories of relevant factors that ought to be considered while determining the estimated value of the land to determine a fair amount of compensation in land acquisition proceedings.The court has developed the belowmentioned categories of factors so that the valuation of the land could be ascertained based on these factors, and...
'What Signals Are We Sending?' : Supreme Court Expresses Shock At HC 'Casually' Staying Reasoned Bail Order For One Year
The Supreme Court of India on Thursday(July 11) expressed shock at the Delhi High Court staying a regular bail order without specifying any reasons. The Court questioned the Directorate of Enforcement (ED) for defending the High Court's orders prolonging interim stay on a bail order by the trial court.During the hearing, Justice Abhay S Oka remarked, "When there is a reasoned order granting...