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Scope And Ambit Of Powers Of Court Under Section 319 CrPC: Supreme Court Summarizes Principles
The Supreme Court, in a judgment delivered on Tuesday, summarized the scope and ambit of the powers of the Court under Section 319 of the Code of Criminal Procedure.Even in a case where the stage of giving opportunity to the complainant to file a protest petition urging upon the trial Court to summon other persons as well as who were named in the FIR but not implicated in the charge-sheet...
Supreme Court Orders Status Quo On Eviction Of Over 10K Slum Dwellers In Gujarat
The Supreme Court on Tuesday directed the State of Gujarat to maintain status quo with regards to eviction over 10,000 slum dwellers in the State. The order for maintenance of status quo was passed by the division bench of Chief Justice NV Ramana and Justice Surya Kant. "Till 25.08.2021, the concerned authorities are directed to maintain the status quo," the bench...
EPF Pension Case : Supreme Court Larger Bench To Decide If There Is Cut-Off Date For Option Under Para 11(3) Of EPS
The Supreme Court on Monday referred to a larger bench the appeals filed by the Employees Provident Fund Organization (EPFO) and the Union of India challenging the judgments of Kerala, Delhi and Rajasthan High Courts which quashed the Employee's Pension (Amendment) Scheme, 2014.A division bench comprising Justices UU Lalit and Ajay Rastogi said that the principal questions that arise...
Will Amicably Resolve With CBI Issue Regarding Sharing Of Documents : Maharashtra Govt Tells Bombay High Court
The Maharashtra government told the Bombay High Court on Tuesday that it will amicably resolve the issue with CBI regarding sharing of its "confidential" report for the central agency's probe against former Maharashtra Home Minister Anil Deshmukh. A division bench of Justices SS Shinde and NJ Jamadar was hearing CBI's application against the State's non-cooperation in handing over...
Permanent Commission- Recourse to Article 32 Worrying Us: Supreme Court Relegates Individual Grievances To Armed Forces Tribunal
The Supreme Court on Tuesday relegated to the Armed Forces Tribunal (AFT) the individual male and female naval officers challenging the rejection of their claim for the grant of Permanent Commission, or in the alternative, seeking pensionary benefits in terms of the directions of this court in Annie Nagaraja's case."Since the petitioners have already have an efficacious remedy before the AFT,...
Economic Criterion Cannot Be The Sole Basis For Identifying 'Creamy Layer': Supreme Court
The Supreme Court has observed that economic criterion cannot be the sole basis for identifying 'creamy layer'."..the State of Haryana has sought to determine 'creamy layer' from backward classes solely on the basis of economic criterion and has committed a grave error in doing so. On this ground alone, the notification dated 17.08.2016 requires to be set aside", the Supreme Court...
Basic Structure Doctrine Is Legitimate & Sound: Kenyan Court Of Appeals Extensively Quotes Kesavananda Bharati Judgment
One of the hotly contested issue before the Kenyan Court of Appeals in BBI judgment was whether the Basic Structure Doctrine expounded in Kesavananda Bharati by the Indian Supreme Court is applicable in Kenya or not. The majority judges of the seven judge bench held that this doctrine is applicable in Kenya and that the basic structure of the Constitution can only be altered through the...
Woman Who Attempted Self Immolation Outside Supreme Court Succumbs To Injuries
The 24-year-old woman who had allegedly attempted suicide along with man outside the Supreme Court succumbed to injuries today after suffering 85% burns as per news reports. The 27-year-old man had sustained 65% burn injuries had succumbed to injuries on Saturday morning, PTI had reported. After the alleged incident, both were thereafter admitted to Ram Manohar Lohia...
AGR Case : Supreme Court Asks Bharti Airtel To Move Alternate Forum Challenging DoT Demand For Videocon Dues
The Supreme Court on Tuesday granted liberty to Bharti Airtel to move the appropriate forum against the direction issued to it by the Department of Telecommunications (DoT) to pay the AGR(Adjusted Gross Revenue) dues of Videcon Telecommunications Ltd.The Court also restrained the DoT from invoking the bank guarantees furnished by Airtel for three weeks.A bench comprising Justices L Nageswara...
Order 39 Rule 1 CPC: Can A Defendant Seek Injunction In A Suit Filed By Plaintiff? SC Issues Notice
Can a defendant in a suit seek injunction under Order XXXIX of the Code of Civil Procedure, the Supreme Court has issued notice in a special leave petition which raised this issue.In this case, the plaintiffs, who approached the Apex Court, contended that in view of Order XXXIX Rule 1(c) CPC, a defendant cannot.Their appeals against a Trial Court order which allowed the injunction...
"Some Want Courts To Open, Others Do Not": Supreme Court On Plea Seeking Declaration Of VC Hearing As Fundamental Right
The Supreme Court's Chief Justice led Bench today observed that the Bar is presently divided on the issue of continuation of virtual court hearing of cases and that the lawyers have expressed different point of views regarding the decision of the courts to revert to the physical hearing of the cases. The Bench of Chief Justice of India NV Ramana and Justice Surya Kant observed thus when...
To Say 'Skin-To-Skin' Contact Is Necessary For POCSO Offence Will Mean An Abuser Wearing Gloves Getting Acquittal : Attorney General
The Attorney General for India KK Venugopal urged the Supreme Court on Tuesday to reverse the controversial judgment of the Bombay High Court which held that the offence of sexual assault under POCSO will not be attracted if there is no direct 'skin to skin' contact between the accused and the child.Terming the judgment a "dangerous and outrageous precedent", the Attorney General submitted...