'Whether Mere Membership Of An 'Unlawful Association' Is Sufficient To Constitute An Offence Under UAPA?' Supreme Court Reserves Judgement

The Supreme Court on Thursday reserved its judgment on whether mere membership of an 'unlawful association' is sufficient to constitute an offence under the UAPA, or some overt act, over and above the membership, is a prerequisite to attract the penal provisions of the ActThe bench of Justices MR Shah, CT Ravikumar and Sanjay Karol was hearing a reference made in 2014 by the two-judge bench...

PNB Scam : Nirav Modi's Brother-in-Law Agrees Before Supreme Court To Give Authorisation To CBI For Bank Accounts

The Supreme Court on Thursday directed the Bombay High Court to consider afresh the plea of Nirav Modi’s brother-in-law Mainak Mehta to travel back to his home in Hong Kong. The bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala, took note of the fact that Mehta was willing to give authorisation to CBI so it may directly approach banks for...

Insurance Coverage For Accidental Death - Proximate Cause Necessary; Supreme Court Denies Claim For Sun Stroke Death During Election Duty

The Supreme Court has held that the death occurring due to sun-stroke during election duty will not come within the scope of the clause "death only resulting solely and directly from accident caused by external violent and any other visible means" in the insurance policy.In the year 2000, the National Insurance Company had entered into an MoU with the Chief Electoral Officer of Bihar to...

Supreme Court Annual Digest 2022-Practice & Procedure

Practice & Procedure - Party having the right of consideration of appeal does not have any corresponding right to insist for consideration of the appeal by a forum which is no longer in existence. Abhyudaya Kumar Shahi v. Bharat Pradhan Filling Centre, 2022 LiveLaw (SC) 625 : (2022) 6 SCC 522Practice and Procedure - Adverse remarks made by Rajasthan HC against a Sessions Judge set aside -...

Section 41A CrPC : Supreme Court Asks States To File Compliance Report On Directions In 'Satinder Kumar Antil' Case

The Supreme Court, recently, asked non-compliant State Governments to file compliance reports in the proceedings in Satinder Kumar Antil v. CBI, within two weeks, failing which, it warned, the respective Home Secretaries would be required to appear personally through virtual mode. It also asked the CBI to file its compliance report within the said time period.“The CBI has also not...

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-VIII

Q.36 Why not during these “corona lockdown” days impose a mandatory bail condition to download Arogya Setu App and keep the applicant’s GPS and Bluetooth open?Ans. No. Such a condition imposed by an Additional Sessions Judge in the Patiala House Court Complex, New Delhi has been frowned upon and disapproved.Q.37 The defense lawyer argues that unless the accused is released on bail, he...

Supreme Court To Hear Tomorrow Pleas To Probe Hindenburg Report Against Adani Group

Another PIL has been filed in the Supreme Court of India in the wake of the Adani group shares taking a beating in the stock market following the publication of a report by US-based short-selling firm Hindenburg Research. Advocate Vishal Tiwari, the PIL petitioner, mentioned the matter before Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala today for...

Supreme Court Invalidates GAIL's Condition Imposed On IPCL, Says Writ Jurisdiction Can Be Applied When Contractual Terms Are Arbitrary

On Wednesday, a Division Bench of the Supreme Court comprising Justice S.K. Kaul and Justice A.S. Oka, held that if the State in its contractual dealings fails to exercise a degree of fairness or practices any discrimination, writ jurisdiction can be exercised against it.Factual BackgroundThe Ministry of Petroleum and Natural Gas, Government of India, allocated 0.85 MMSCMD of natural gas to ...

Is Affinity Test Integral To Determine Caste Status? Supreme Court Commences Hearing On Reference

The Supreme Court, on Wednesday, commenced with the hearing of the reference order which pertains to the question - whether the affinity test is integral to the determination of caste status made by the Caste Scrutiny Committee.The sub-stratum of the appellants’ argument was that though not alien to the process of caste status determination, the affinity test has corroborative value. The...

Raise Quota Of Judicial Officers In High Court Judges' Appointment To 50% : Plea In Supreme Court

The Supreme Court has sought the responses of the Union Law Ministry and the Delhi High Court in an application seeking to increase ratio of judicial officers in the appointment of High Court judges to 50%. The notice was passed by a bench of Justices BR Gavai and Vikram Nath while hearing an intervention application filed in the All India Judges Association case. Currently, the...

'Whether Mere Membership Of An 'Unlawful Association' Is Sufficient To Constitute An Offence Under The UAPA?' SC Commenced Hearing On Reference

The Supreme Court on Wednesday commenced hearing on whether mere membership of an 'unlawful association' is sufficient to constitute an offence under the UAPA, or some overt act, over and above the membership, is a prerequisite to attract the penal provisions of the ActThe bench of Justices MR Shah, CT Ravikumar and Sanjay Karol was hearing a reference made in 2014 by the two-judge bench...

Collegium Makes Additional Proposal For Tripura HC CJ, As Judge Recommended Earlier Will Retire In 2 Weeks

The Supreme Court collegium has made an additional recommendation for the appointment as the Chief Justice of the Tripura High Court, in view of the impending retirement of the judge earlier recommended for the post, whose file is pending with the Central Government.On January 25, the collegium had proposed the appointment of Justice Jaswant Singh, who is at present a judge of the Orissa...