NDPS Act | Confiscation Of Vehicle Can't Be Ordered Without Hearing Its Registered Owner : Supreme Court

The Supreme Court has held that an order passed under the Narcotic Drugs and Psychotropic Substances Act 1985 (NDPS Act) for the confiscation of a vehicle will be illegal if it was passed without hearing the owner of the vehicle.Referring to Section 63 of the NDPS Act, the Court said that an order confiscation of an article cannot be passed until the expiry of one month from the date of...

If Hemant Soren Is Granted Interim Bail For Campaigning, Then All Jailed Politicians Will Seek Similar Treatment: ED Tells Supreme Court

In the latest development, the Enforcement Directorate has filed a reply before the Supreme Court, opposing the interim bail plea of former Jharkhand Chief Minister Hemant Soren, who is in judicial custody since his arrest by the agency in a money laundering case related to an alleged land scam.It may be mentioned that up until May 17, a bench comprising Justices Sanjiv Khanna and Dipankar...

To Punish A Person For Casteist Insults Under SC/ ST Act, Comments Have To Be Made Within Public View: Supreme Court

The Supreme Court, while deciding a case arising out of a complaint made for an offence under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (Act), observed that an allegation of insult has to satisfy the requirement of having been made within public view. In the present case, the appellant had alleged that an offence under the Scheduled Caste and...

Electricity Act | SEZ Developer Not Ipso Facto A 'Deemed Distribution Licensee', Must Apply For Recognition And Be Scrutinized : Supreme Court

The Supreme Court recently held that SEZ developers, though conferred the status of "deemed distribution licensee" under the Electricity Act, must apply in terms of applicable Regulations and be scrutinized. The court further distinguished between regular distribution licensees and deemed distribution licensees to set aside a pre-condition imposed on an applicant requiring infusion of...

Bail Can Be Cancelled By Same Court Which Granted It If There Are Serious Allegations Even If Accused Hasn't Misused Bail : Supreme Court

In a recent decision, the Supreme Court observed that the same Court which granted bail to an accused can cancel the bail if there are serious allegations against him although the accused has not misused the bail.“If there are serious allegations against the accused, even if he has not misused the bail granted to him, such an order can be cancelled by the same Court that has granted the...

Lok Sabha Candidate Moves Supreme Court Saying Returning Officer Denied Him Form 17 Records Of Votes Polled

Advocate Mehmood Pracha, who contested in the Lok Sabha elections as an independent candidate from Rampur(UP) constituency, has filed an intervention application in the Supreme Court saying that the Returning Officer has not furnished to him the copies of the Form 17C record of votes polled in the constituency. Pracha has sought to intervene in the application filed by the Association...

Supreme Court Quashes Conviction For Stalking Due To Marriage Between Convict & Complainant

The Supreme Court recently quashed the conviction of a man for the offence of stalking (Section 354D) and criminal intimidation (Section 506) of the Indian Penal Code after noting that the convict and the complainant married each other during the pendency of the appeal before the Supreme Court.The appellant was tried for the offences of sexual harassment (Sections 11, 12 of POCSO Act),...

'Sentencing Shall Not Be A Lottery' : Supreme Court Recommends Union To Frame Sentencing Policy To Reduce Judge-Centric Disparities

Observing that there existed wide disparity in sentencing of convicts as it is completely judge-centric, the Supreme Court has recommended that the Union Government on the feasibility of introducing a comprehensive sentencing policy and a report thereon, within a period of six months“As it is an important aspect which has escaped the attention of the Government of India, we recommend...

Supreme Court Quarterly Digest On Code Of Criminal Procedure [Jan – Mar, 2024]

Sections 61, 70, 204, 437 - An accused cannot be taken into custody when he voluntarily surrenders before the Court even though the Court which has taken cognizance of the chargesheet has not issued a summoning order against him. Bail application filed by such an accused, who voluntarily surrendered even in the absence of a summoning order, cannot be entertained. (Para 10) Souvik Bhattacharya...

Supreme Court Monthly Round-Up: April 2024

Here's a comprehensive overview of the Supreme Court of India proceedings during April 2024. This monthly digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the month of April and also the updates of the Constitution bench hearing on the taxation matter of mineral-bearing lands and on overlapping...

Interview Also Be Done To Assess Suitability Of Judicial Officers For Promotion As District Judges In 65% Quota : Supreme Court Suggests

The Supreme Court in its recent judgement concerning the promotion of Judicial Officers by the Gujarat High Court, observed a few suggestions to enhance the 'suitability test' employed by the High Court for promoting judicial officers on the basis of 'Merit-cum-Seniority'. On May 17, the Court upheld the recommendations made by the High Court of Gujarat in 2023 for the promotion of Senior...

CrPC Not Retrospectively Applicable To J&K Before 31.10.2019; Prior Proceedings Should Comply With Old Law : Supreme Court

The Supreme Court has held that the Code of Criminal Procedure, 1973(CrPC) will apply to Jammu and Kashmir only with effect from 31.10.2019, the date when the Jammu and Kashmir Reorganization Act 2019 came into effect following the abrogation of the special status of J&K under Article 370 of the Constitution.The Court clarified that the CrPC will not have retrospective application to...