Supreme court
Free Copy Of NCLT Order & Copy Of Order Obtained On Paying Cost Are 'Certified Copies' For Filing NCLAT Appeal : Supreme Court
The Supreme Court today (September 27) set aside an order of the National Company Law Appellate Tribunal (NCLAT) which refused to condone delay in filling an appeal because of the filling of a 'free copy' of the impugned order.The bench of CJI DY Chandrachud and Justice Manoj Misra held that there was no difference between a free certified copy of the order and a certified copy which is...
No Prohibition Against Quashing Criminal Proceedings Even After Charge Sheet Is Filed : Supreme Court
The Supreme Court reiterated that there is no prohibition against quashing criminal proceedings even after the charge sheet has been filed.The bench comprising Justices PS Narasimha and Pankaj Mithal held so while quashing the domestic cruelty case against the accused after noting that no new allegations were discovered against the accused even after filing the charge sheet as it remained the same as recorded in the First Information Report. Reference was drawn to precedents where the court...
Supreme Court Sets Aside HC's Condition That YouTuber Must Shut Down YouTube Channel For Bail
The Supreme Court on Friday (September 27) set aside the condition imposed by the Madras High Court that YouTuber Felix Jerald should shut down his YouTube channel “RedPix 24x7” for getting bail in the criminal case over alleged scandalous remarks in the interview of 'Savukku' Shankar uploaded on the channel.A bench comprising Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra observed that such a bail condition was extraneous to the issue and was unnecessary. The bench...
'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws
Observing that a criminal case cannot be allowed to proceed based on vague and obscure complaints, the Supreme Court quashed a criminal case under Section 498A of the Indian Penal Code case against the in-laws of a complaint-wife.It was a case where the wife had initiated the proceedings against the appellants under Sections 498A, 323, 504, and 506 read with Section 34 IPC against the appellants. The complaint was against the step mother- in-law (appellant no. 1), step brother-in-law (appellant...
Improper For SC To Grant Interim Relief In Normal Course When Party Is Relegated To High Court : Supreme Court
When the Supreme Court refuses to entertain a matter and asks the party to approach the High Court, it would be improper in the normal course to grant interim relief to such party, observed the Supreme Court recently.The Court made this observation while recalling an order which granted interim protection from coercive action to a party who was relegated to the High Court. The interim protection was meant to be in operation till the High Court disposed of the matter finally.Taking objection to...
Clean Acquittal Of Accused After Long Undertrial Custody May Give Rise To Claim For Compensation : Supreme Court
A case of clean acquittal, where the accused had spent long years under custody as an undertrial, may give rise to a claim for compensation, observed the Supreme Court in the judgment granting bail to V Senthil Balaji in a money laundering case.The Court observed that some day, the Constitutional Courts will have to address this "peculiar situation". A clean case of acquittal do not include cases where the witnesses turned hostile or faulty investigation.A bench comprising Justices Abhay S Ok...
'Technological Impediment Can't Be A Reason To Harass Assessee' : Supreme Court Asks Income Tax Dept, CBDT To Resolve Software Issues
Technological impediment cannot be a reason to harass an assessee, said the Supreme Court while asking the Income Tax Department to upgrade its software to ensure that mistakes do not occur in the future.The Court directed that the Central Board for Direct Taxes should also take necessary steps for rectifying the software.A bench comprising Justices PS Narasimha and Sandeep Mehta was hearing...
Supreme Court Dismisses Gujarat Govt's Review Petition Challenging Adverse Remarks Against It In Bilkis Bano Case Judgment
The Supreme Court has dismissed the review petition filed by the State of Gujarat against remarks against it in the Supreme Court judgment that set aside the premature release of 11 convicts in the Bilkis Bano case.The Court also dismissed the review petitions field by the convicts.A bench of Justice BV Nagarathna and Justice Ujjal Bhuyan said that there is no apparent error on the face of the record or merit in the review petitions.“Having carefully gone through the Review Petitions, the order...
Prima Facie Case Under PMLA Exists Against Senthil Balaji: Supreme Court While Granting Bail
The Supreme Court while granting bail former Tamil Nadu Minister Senthil Balaji in the money laundering case arising out of the cash for jobs allegations observed that there is a prima facie case against him.While the bench of Justice Abhay Oka and Justice Augustine George Masih granted bail on the ground of delay in trial, it observed that there is no reason to doubt the incriminating files against Balaji at this stage.The Court noted that printed version of files from the pen drive seized from...
Limiting Candidates For Interview Necessary To Enhance Efficiency & Transparency Of Selection Process : Supreme Court
Citing the lack of transparency and irregularities adopted in shortlisting the candidates for the interview stage, the Supreme Court directed the Punjab School Education Board (PSEB) to commence the fresh selection process of the Laboratory Attendants from the stage of written test. The bench comprising Justices Hrishikesh Roy, Sudhanshu Dhulia, and SVN Bhatti set aside the High Court's Division Bench decision which had approved PSEB's decision to invite candidates 63 times the number of...