Supreme court
Giving Arrest Memo Not Same As Supplying Grounds Of Arrest : Supreme Court Sets Aside Arrest & Remand
The Supreme Court recently set aside the arrest and remand for an appellant in the light of the decision in Prabir Purkayastha v. State (2024), which held that supplying grounds of arrest in writing as prescribed under Section 50 of the Code of Criminal Procedure requires mandatory compliance, lest the arrest and remand will stands vitiated in the eyes of the law. A bench of Justices MM Sundresh and Rajesh Bindal held that what was furnished to the arrestee was an arrest memo,...
Art 311 Doesn't Mean Only Appointing Authority Can Initiate Disciplinary Action Against Govt Servant : Supreme Court
The Supreme Court reaffirmed that the appointing authority is not required to initiate disciplinary proceedings against a state employee. Referring to Article 311(1) of the Constitution, the Court clarified that while the appointing authority's approval is necessary for dismissal, it is not required for initiating disciplinary action.Holding so, the bench of Justice Dipankar Datta and Justice Manmohan allowed the State of Jharkhand's appeal, overturning the High Court's decision that had quashed...
Supreme Court Weekly Round-up: March 17, 2025 To March 24, 2025
Nominal IndexCitationsJoyi Kitty Joseph v. Union of India & Ors. 2025 LiveLaw (SC) 298Gyanendra Singh @ Raja Singh v. State of U.P. 2025 LiveLaw (SC) 299State of Rajasthan v. Indraj Singh 2025 LiveLaw (SC) 300V Ravikumar v. S Kumar 2025 LiveLaw (SC) 301Rajneesh Kumar Pandey & Ors. v. Union of India & Ors, Writ Petition (Civil) No. 132/2016 2025 LiveLaw (SC) 302Union Territory of...
'Instigation Must Have Close Proximity To Suicide', Supreme Court Quashes Abetment To Suicide Case Against Business Partners
Observing that there must be a close proximity between the positive act of instigation by the accused person and the commission of suicide by the victim, the Supreme Court on Thursday (March 27) upheld the quashing of an abetment to suicide case against the business partner of the deceased, who committed suicide alleging harassment from his business partner. The bench comprising Justices...
Police Constitutionally Bound To Protect Freedom Of Expression; State Should Sensitize Officers On Constitutional Ideals: Supreme Court
The Supreme Court on Friday (March 28) emphasized that police officers, as part of the State under Article 12 of the Constitution, have a duty to abide by the Constitution and respect its ideals.Referring to Article 51A(a), which mandates citizens to abide by the Constitution and respect its institutions, the Court observed that officers must uphold the fundamental rights of...
Supreme Court Directs Customs Authorities To Upgrade Lab Facilities For Proper Testing Of Disputed Articles On All Parameters
In a key decision, the Supreme Court today overturned the confiscation of imported goods labelled as "Base Oil SN 50," which customs authorities had classified as High-Speed Diesel (HSD), which only the State entities can import. The Court found that the Customs Department failed to provide conclusive evidence proving the goods were High-Speed Diesel (HSD), due to inadequate laboratory...
Supreme Court Mandates Preliminary Inquiry Before FIR On Certain Offences Related To Speech & Expressions
With the aim of curbing frivolous FIRs against speeches, writings and artistic expressions, the Supreme Court on Friday mandated that a preliminary inquiry must be conducted before lodging the FIR, if the offences alleged are punishable with imprisonment between three to seven years.The Court held so after referring to Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).Section...
75-Year-Old Republic Must Not Be So Shaky That Poetry Or Comedy Is Alleged To Be Creating Animosity: Supreme Court
In a strong condemnation of the growing misuse of criminal law against artistic expressions and dissenting ideas, the Supreme Court ruled today that constitutional protection of free speech is not contingent on the popular acceptance of the views expressed.While quashing an FIR registered by the Gujarat Police against Congress Rajya Sabha MP Imran Pratapgadhi over a poem shared on social...
'Premature, Await In-House Inquiry' : Supreme Court Rejects Plea To Register FIR Against Justice Yashwant Varma Over Cash Row
The Supreme Court on Friday (March 28) refused to entertain a writ petition seeking the registration of an FIR against Justice Yashwant Varma, former Delhi High Court Judge, over the alleged discovery of illicit cash at official premises.A bench of Justice Abhay Oka and Justice Ujjal Bhuyan said that the petition, which also challenged the in-house inquiry being conducted by a committee of...