Shiv Sena Crisis | Legislative Party Cannot Act Independent Of Political Party: Thackeray Faction To Supreme Court

The Supreme Court of India on Wednesday continued hearing the pleas concerning the constitutional issues arising out of the rift within Shiv Sena party between Eknath Shinde and Uddhav Thackeray groups. The bench comprising CJI DY Chandrachud, Justice MR Shah, Justice Krishna Murari, Justice Hima Kohli, and Justice PS Narasimha heard the matter. Senior Advocate Kapil Sibal, representing...

In A Historic First, Supreme Court Officially Publishes Transcript Of Arguments

The Supreme Court has officially published the transcript of yesterday's arguments before the Constitution Bench in the Shiv Sena matter. The move came after the announcement of CJI DY Chandrachud that the Court has started using Artificial Intelligence to transcribe hearings on an experimental basis. It is for the first time that the Supreme Court is publishing the transcript of the...

Section 319 CrPC : Supreme Court Reiterates Procedural Safeguards To Prevent Misuse Of Power To Summon Additional Accused

The Supreme Court has observed that procedural safeguards can be put in place to prevent the frequent misuse of power to summon additional accused under Section 319 Code of Criminal Procedure, 1973. A Bench comprising Justice Surya Kant and Justice J.K. Maheshwari, while deciding a Criminal Appeal challenging the order of the Punjab and Haryana High Court that had allowed an application...

Supreme Court Grants Bail To Man Accused By UP ATS Of "Waging War Against India" Through Illegal Conversions

The Supreme Court on Wednesday granted bail to an accused named Irfan Shaikh who was arrested by the Anti-Terrorist Squad of the Uttar Pradesh police over allegations of illegally converting persons to Islam.Shaikh, a Central Government employee, is facing charges for conspiracy to wage war against India (Section 121A IPC) and offences under the UP Prohibition of Unlawful Conversion of...

Minority School Not Entitled To State Grant Towards Salary For Employee Retained Beyond Retirement Age : Supreme Court

The Supreme Court, on Tuesday, held that if an employee is continued in service by the management of any registered minority Secondary School receiving Grant-in-Aid from the State-Government, then such school would not be entitled to receive any grant in respect of the expenditure incurred for continuing such employee beyond the stipulated superannuation age. A Bench comprising Justice...

Shiv Sena Case : Supreme Court Issues Notice On Uddhav's Plea Against ECI Order, Refuses To Restrain Shinde Group Taking Over Offices & Accounts

The Supreme Court on Wednesday issued notice on a petition filed by Uddhav Thackeray challenging the decision of the Election Commission of India which recognized Eknath Shinde faction as the official Shiv Sena. A 3-judge bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala refused to stay the ECI order at this juncture.The bench however...

[BAIL] Questions & Answers By Justice V. Ramkumar-Cancellation Of Bail-PART-I

Q.1 Is there any specific provision in the Cr.P.C for cancellation of bail?Ans. No. But Section 437 (5) is the provision understood as the provision enabling a Magistrate for cancellation of bail granted by the Magistrate in respect of a non-bailable offence. Similarly, Section 439 (2) is the provision understood as locating the power of the Sessions Judge and the High Court for cancelling...

'Shameful, Nothing To Do With Christ's Teachings' : Supreme Court On Dispute Between Christian Groups

The Supreme Court on Tuesday expressed disquiet at the dispute between two Christian communities - London Missionary Society (LMS) and the CSI group of Christians. A Bench of Justices KM Joseph, BV Nagarathna and JB Pardiwala was hearing an SLP against a Madras High Court order passed in December, 2021 which dealt with the question of adverse possession of certain properties between LMS...

Supreme Court Grants Pre-Arrest Bail To Maulvi From Gujarat In Forced Religious Conversion Case

The Supreme Court recently granted bail to an Islamic scholar and maulvi from Gujarat, accused of forcefully converting 37 Hindu families and 100 Hindus.A Bench of Justices MR Shah and CT Ravikumar proceeded to pass the order in favour of the petitioner after noting that he had appeared before the investigating officer for interrogation as per the Court’s previous order.It also asked the...

'You Have Liberty To Criticise Everybody Under The Sun, We As Judges Have To Follow Discipline' : CJI DY Chandrachud To Dushyant Dave

The listing of the cases related to cash-for-jobs scam from Tamil Nadu has become a subject matter of controversy in the Supreme Court.Advocate Prashant Bhushan mentioned the matter for urgent listing before Chief Justice of India DY Chandrachud on Wednesday. He pointed out that in September 2022, a bench comprising Justices Abdul Nazeer and V Ramasubramanian had restored the criminal...

Complete Supreme Court Yearly Digest Part-10

RRajiv Gandhi Assassination CaseRajiv Gandhi Assassination Case - Supreme Court orders premature release of all 6 convicts. R.P. Ravichandran v. State of Tamil Nadu, 2022 LiveLaw (SC) 954Ratio DecidendiRatio Decidendi - Final relief granted need not be the natural consequences of the ratio decidendi of its judgment. (Para 26) B.B. Patel v. DLF Universal Ltd; 2022 LiveLaw (SC) 90 : AIR 2022 SC...

'Can State Be Directed to Consider Degree Holders When Recruitment Rules for Govt Post Say Only Diploma Holders Eligible? SC Issues Notice

The Supreme Court on Monday issued notice in a special leave petition against the Bombay High Court refusing to direct degree holders in civil engineering to be considered as eligible for the post of junior engineer in a government department that sought applications from candidates having a diploma in the subject or any equivalent qualification. A division bench of Justices Surya Kant...