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Should Penal Provisions Of Customs Act, GST Act Etc. Be Compatible With CrPC? Supreme Court Starts Hearing
The Supreme Court today(May 1) started hearing a batch of 281 petitions challenging penal provisions of various laws such as the Customs Act, Excise Act and GST Act as non-compatible with the Code of Criminal Procedure (CrPC) and the Constitution.The pleas were listed before a Bench of Justices Sanjiv Khanna, MM Sundresh and Bela M Trivedi. After a day-long hearing, the same would again be taken up tomorrow.Today, Senior Advocates Vikram Chaudhri and Siddharth Luthra led arguments on behalf of...
Chargesheet Must Contain Clear & Complete Entries, Specify Role Of Each Accused; Witness Statements Be Enclosed With It : Supreme Court
Taking note of the importance of the submission of a charge sheet to take cognizance of an offence by a magistrate, the Supreme Court on Wednesday (May 1) observed that the charge sheet must contain clear and complete entries of all columns to enable the court to understand which crime has been committed by which accused and what is the material evidence available on the file.“Therefore, the investigating officer must make clear and complete entries of all columns in the chargesheet so...
Are Private Properties Included In "Material Resource Of Community" Under Article 39(b)? Supreme Court 9-Judge Bench Reserves Judgment
The Supreme Court Constitution Bench today (May 1) reserved its judgement on the issue of whether private resources form part of the 'material resource of the community' under Article 39(b) of the Constitution. The Court concluded the hearing after 5 days of arguments raised on the issues of what constitutes a community, the subjective under tones of 'material resource' as well as the fate of Article 31C post the decision in Minerva Mills v. Union of India. The 9-judge bench...
'Misconceived' : Supreme Court Registry Rejects Centre's Application To Clarify 2G Case Verdict For Administrative Allotment Of Spectrum
The Supreme Court's Registrar refused to receive the application filed by the Union Government seeking clarification of the 2012 judgment in the 2G Spectrum case. The Government sought a clarification that the verdict does not bar the allocation of spectrum through means other than public auction in certain situations.Stating that the application was in effect seeking a review of the 2012 judgment in the guise of seeking clarification, the Registrar rejected it by terming it "misconceived." The...
State Can Impose Stamp Duty On Insurance Policies Executed Within State : Supreme Court Rejects LIC's Challenge To Rajasthan's Demand
The Supreme Court on April 30 dismissed the appeals filed by the Life Insurance Corporation (LIC) against the demand of stamp duty of approximately Rs 1.19 crores raised by the State of Rajasthan. The Court upheld the legislative competence of the State to levy stamp duty on insurance policies executed within the State subject to the rates determined by the Central legislation.The Bench comprising Justices PS Narasimha and Aravind Kumar observed that the power and jurisdiction of the State to...
Vacations Spent To Write Judgments, Judges Don't Get Weekend Holidays Too; People Who Criticise Don't Realise This : Justice BR Gavai
An interesting discussion regarding the vacations of judges took place in the Supreme Court during the hearing of a case when Justice BR Gavai revealed that vacations are mostly used to write judgments in complex matters.Justice Gavai further stated that people who criticise judges for vacations do not realise that they do not get holidays even on Saturdays and Sundays due to conferences and other assignments.The discussion took place when the bench comprising Justices Gavai and Sandeep Mehta...
Manish Sisodia, Other Accused Caused Delay In Trial Of ED's Liquor Policy Case, Apparent Attempts To Slow Down Progress: Delhi Court
A Delhi Court yesterday rejected former Deputy Chief Minister Manish Sisodia's plea that the proceedings in the money laundering case related to the alleged liquor policy scam have been delayed or that the case is proceedings at a snail's pace.Special judge Kaveri Baweja of Rouse Avenue Courts observed the so called delay is clearly on account of reasons attributable to the AAP leader himself. The court made the observations while denying bail to Sisodia in the money laundering case for the...
Lawyer Moves Supreme Court Seeking Examination Of Covishield Vaccine Side Effects, Compensation For Those Who Suffered Adverse Effects
After reports of pharmaceutical company AstraZeneca admitting that its Covishield vaccine can cause rare side-effects, a lawyer has moved the Supreme Court seeking constitution of a Medical Expert Panel to examine side-effects and risk factors of the said vaccine as well as compensation of those who were severely disable or died due to the vaccination drive.The plea is filed by Advocate Vishal Tiwari, highlighting AstraZeneca's admission that its AZD1222 vaccine against Covid-19 (licensed and...
S.138 NI Act | Courts Can't Compel Complainant To Give Consent For Compounding, Mere Repayment Won't Absolve Accused : Supreme Court
Recently, the Supreme Court observed that the Courts cannot compel the complainant in a cheque dishonour case to give consent for the compounding of the complaint merely because the accused has compensated the complainant.The Court also observed that mere repayment of the amount cannot mean that the appellant is absolved from the criminal liabilities under Section 138 of the Negotiable Instruments Act.The bench comprising Justices AS Bopanna and Sudhanshu Dhulia observed :"...even though the...
No Order Be Passed Without Examining Lawfulness Of 'Minutes Of Order' Filed By Advocates : Supreme Court To Bombay High Court
The Supreme Court, in a recent judgment, commented about the peculiar practice of advocates filing "Minutes of Order" in the Bombay High Court. "Minutes of Order" are notes filed by advocates on both sides which mention the points which are to be included in the judgment to be passed by the Court.While this practice is to assist the judges, the Supreme Court cautioned that care should be taken to ensure that the rights of the third parties are not affected by passing orders based on the "Minutes...
Hindu Marriage A 'Samskara' & A Sacrament; Not An Event For 'Song & Dance', 'Wining & Dining' Or Commercial Transaction: Supreme Court
The Supreme Court emphasized that Hindu Marriage is a sacred institution and should not be trivialized as a mere social event for "song and dance" and "wining and dining". It urged young individuals to deeply consider the sanctity of marriage before committing to it. Marriage should not be approached as an occasion for extravagance or as a means to demand dowry or gifts, but as a solemn occasion that establishes a lifelong union between a man and a woman, forming the foundation of a family,...