Supreme court
'Don't Make Mockery Of Justice' : Supreme Court Rebukes NIA For 4-Year Delay In Trial; Says Accused Has Right To Speedy Trial
Today (July 03), while granting bail to an accused who was in jail for four years, the Supreme Court sharply rebuked the National Investigation Agency for delaying the trial. The case was registered under the Unlawful Activities (Prevention) Act of 1967. The Court, without mincing its words, asked the prosecuting agency to not make “mockery of justice” and said that even though the accused is alleged of committing a serious offence, he has the right to a speedy trial. “Do not make a...
'Incorrect' : Supreme Court Criticises HC Order Limiting Bail Of Undertrial To 2 Months When He Has Been Under Custody Since 2022
The Supreme Court on Tuesday (July 2) reiterated the settled legal position that an accused's right to speedy trial is a fundamental right and closely connected to the right to life and personal liberty. The Court deprecated the order of the High Court which overlooked the said principle and released the petitioner on bail for merely two months when the trial would take a long time to conclude.The court was hearing a challenge to a bail order granted by the Orissa High Court. As per the impugned...
Supreme Court Biannual Digest 2022 - 2023 [Code Of Civil Procedure, 1908]
The rules of procedure are essentially intended to subserve the cause of justice and are not for punishment of the parties in conduct of the proceedings. (Para 26.1) Prakash Corporates v. Dee Vee Projects Ltd., 2022 LiveLaw (SC) 162 : AIR 2022 SC 946 : (2022) 5 SCC 112 Civil Trial Fixing of the date of trial shall be in consultation with the learned advocates appearing...
'Absurd, Impossible' : Supreme Court On HC's Condition That Accused Will Get Bail Only If Victim Stands As Surety
The Supreme Court on Monday (July 1) expressed disappointment over an 'absurd' condition for bail imposed by the Patna High Court where the bail was granted to an accused on the condition that the victim of the offence should stand as his surety. The Court lamented how such a condition led to the petitioner suffering in jail for a year despite being ordered for release.The vacation bench...
'Heat Wave Now Because We Lost Green Cover' : Supreme Court Directs Delhi Govt, DDA For Replantation Of Trees
The Supreme Court on Wednesday (June 26) directed the Delhi Government and the Delhi Development Authority (DDA) to take effective steps in enhancing the green cover of the National Capital amidst the extreme heat wave that the public is suffering from. The Court also directed the implementation of the recommendations of a 3-member expert committee appointed earlier on May 16 to look into...
Supreme Court Refuses To Entertain Petition Challenging SARFAESI Condition Of Pre-deposit To Appeal Before DRAT
The Supreme Court on Wednesday (June 26) declined to issue notice in a petition filed by a Company Director challenging the validity of the condition of 50% pre-deposit for an appeal to DRAT (Debt Recovery Appellate Tribunal) under S. 18 of the SARFAESI Act. The main contention of the petitioner was that the provisos to the S. 18 impose the condition of depositing either 50% of the sum due to...
'Delhi Govt Has To Answer Many Questions' : Supreme Court Asks Why Forest Dept Didn't Act Against DDA For Tree Felling
The Supreme Court on Wednesday (June 26) came down heavily on the Delhi Government for allowing the Delhi Development Authority (DDA) to illegally cut trees.The Court asked why the Forest Department of the Delhi Government did not take any action despite being "fully aware of the gross violations by the DDA."A vacation bench comprising Justices Abhay S Oka and Ujjal Bhuyan was hearing a suo...
'Harsh Measures Needed To Deal With Suppression Of Facts' : Supreme Court Dismisses SLP With Rs 25K Cost
The Supreme Court today (June 25) deprecated the practice of suppressing material facts by lawyers in Special Leave Petitions. The Court imposed a cost of Rs. 25,000/- on the petitioners and expressed that such 'harsh' measures were necessary.The vacation bench of Justices AS Oka and Rajesh Bindal was hearing a challenge against the interim order dated March 20 of the Delhi High Court by the...
Don't Obstruct Buses Registered In Other States Having All India Tourist Permit : Supreme Court To Tamil Nadu Govt
The Supreme Court on Tuesday (June 25) issued notice in a plea challenging the directive issued by the Tamil Nadu Government stating that buses that are not registered in the State of Tamil Nadu will not be permitted to ply within the State unless they are re-registered with Regional Transport Authorities in the State of Tamil Nadu.The Court also passed an interim direction that the Tamil...
'Bail Prayers Not To Be Unnecessarily Adjourned' : Supreme Court Urges Delhi HC To Decide Satyendar Jain's Default Bail Plea Soon
Observing that bail applications are not to be unnecessarily adjourned, the Supreme Court on Tuesday (June 25) expressed the hope that the Delhi High Court would decide the default bail plea of Aam Aadmi Party (AAP) leader Satyendar Jain without delay.A Vacation Bench of Justices Manoj Misra and SVN Bhatti was hearing Jain's challenge against the Delhi High Court's order dated May 28...