Supreme court
Advocates Move Supreme Court Against Gujarat HC Order Directing Investigation Against Them For Allegedly Forging Vakalatnama
A petition has been filed in the Supreme Court by two practising advocates from Gujarat against whom the Gujarat High Court has directed to lodge an inquiry for alleged misconduct of forging the vakalatnama of their client. The petitioners have sought a stay on the order, contending that such a direction impinged upon their reputation, dignity and right to continue their profession under...
Supreme Court Expunges Gujarat HC's Adverse Observation Against GST Officials
The Supreme Court (on March 12) expunged the observations made by the Gujarat High Court in an interim order that statutory protection of the good faith clause under Section 157 of the Goods and Services Tax Act may not be available to the GST officers who conducted a search operation in the instant case. A bench of Justices P.S. Narasimha and Aravind Kumar stated that the...
When Can High Courts Entertain Writ Petition Under Article 226 Despite Existence Of Statutory Remedies? Supreme Court Explains
Observing that the High Court should exercise due care and caution while entertaining the petitions under Article 226 of the constitution even when there exists an alternative statutory remedy, the Supreme Court on Wednesday (April 10) deprecated the High Court's interference in the auction sale proceedings completed by the Bank at the instance of the borrower despite having statutory remedy...
If Deed Was Executed By Person Without Title, Successors Cannot Enforce Rights On Property Based On Such Deed : Supreme Court
The Supreme Court held if someone tries to transfer property rights to another person through a legal document but doesn't actually own those rights, the new owner or their successors won't have the legal right to claim those rights from that document."If right, title or interest in certain property is sought conveyed by a person by an instrument who herself does not possess any such form...
The Complete Supreme Court Annual Digest- 2023 [Part-IV]
Code of Criminal Procedure, 1973 Code of Criminal Procedure, 1973 - Difference in the power of Police to register and investigate an FIR under Section 154(1) read with 157 of the Code, and the Magistrate's direction to register an FIR under Section 156(3) of the Code. Power of the Magistrate to direct registration of an FIR under Section 156(3) in contrast with post-cognizance...
Mere Failure To Transfer Vehicle Registration Will Not Invalidate Sale/Gift Of Vehicle: Supreme Court
The Supreme Court has observed that mere failure to get a transferred vehicle registered in the name of the new owner will not mean that the sale/gift transaction will get invalidated. The Court made this observation in the context of deciding whether the non-disclosure of three vehicles allegedly owned by the family members of Arunachal Pradesh MLA Karikho Kri in the election affidavit...
'Move HC' : Supreme Court Refuses To Entertain Transgender Activist's Plea To Quash FIRs For Fasting Unto Death On Manipur Crisis
The Supreme Court today (April 10) refused to entertain writ petition filed under Article 32 by transgender activist Ms Malem Thongam who sought to quash the FIRs registered against her for fasting until death to protest against the ongoing Manipur crisis. The Court has given the liberty to approach the Manipur High Court under a section 482 CrPC Petition. Ms Thongam has been fasting unto...
Evidence Of Family Members In Dowry Death Cases Can't Be Discarded Saying They Are Interested Witnesses : Supreme Court
The Supreme Court recently decided that testimonies from family members of the deceased in dowry death cases should not be dismissed simply because they are considered interested witnesses. Justices Dipankar Datta and SVN Bhatti, on the bench, pointed out that a woman facing harassment over dowry is likely to confide in her immediate family, making their testimony crucial for bringing...
Social Media Comments Distorting Court Proceedings Require Serious Consideration: Supreme Court Issues Contempt Notice To Assam MLA
The Supreme Court expressed serious concern over the misuse of social media platforms, where factually incorrect and unfounded statements are made regarding cases which are subjudice. Taking note of a Facebook post published by a party whose case was reserved for judgment, the Court initiated contempt proceedings against him for misleading the public about the court. The bench of...
Supreme Court Stays MP Administration's Decision To Deny Permission For Christian Prayer Meet
The Supreme Court (on April 10) issued notice in the matter challenging the Madhya Pradesh High Court's order affirming the Indore administration's decision to cancel a Christian community prayer meeting scheduled for today. A three-judge Bench of Justices B.R. Gavai, Satish Chandra Sharma, and Sandeep Mehta prima-facie found such revocation unjustified and allowed the petitioner to hold...
Every Non-Disclosure By Candidate Won't Make Nomination Invalid Unless It Is Substantial Affecting Election Outcome : Supreme Court
The Supreme Court held that every defect in a nomination filed by a candidate contesting elections will not make the nomination invalid. Only defects of a substantial nature, which can impact the outcome of election, will render the nomination invalid. Every non-disclosure, irrespective of its gravity and impact, would not automatically amount to a defect of substantial nature,“We are of...
Unfortunate That Coast Guard Doesn't Give Permanent Commission To Women Unlike Army, Navy & Air Force: Supreme Court
It was unfortunate that the Indian Coast Guard was opposing the grant of Permanent Commission for women officers despite the Army, Air Force and Navy inducting women on a permanent basis following Court directions, observed the Supreme Court.Expressing the intent to decide the issue, the Supreme Court transferred to itself the petition pending in the Delhi High Court.The bench led by CJI...