Contempt Power Is Not Only For Violation Of Express Orders; Applies To Any Act Intended To Frustrate Judicial Process : Supreme Court

In a significant judgment, the Supreme Court observed that contempt jurisdiction is not confined only to violation of express judicial directions but also extends to acts which are intended to frustrate court proceedings or bypass the eventual judgment."The Contempt jurisdiction of the court extends beyond the mere direct disobedience of explicit orders or prohibitory directions issued by...

S.197 CrPC| Sanction Not Needed To Prosecute Police Officers Accused Of Lodging False Cases Or Fabricating Evidence : Supreme Court

The Supreme Court held that a police official who is accused of lodging a false case cannot claim that he cannot be prosecuted without the sanction under Section 197 of the Code of Criminal Procedure. The protection of Section 197 CrPC is available only for acts discharged in the course of official duties.Since fabrication of evidence and filing bogus cases are not part of the official duties...

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– November 2024

Supreme Court:Jail Superintendents Should Make Special Efforts To Identify Women Prisoners Eligible For Release U/s. 479 Of BNSS: Supreme CourtCase Title: In Re-Inhuman Conditions In 1382 PrisonsCitation : 2024 LiveLaw (SC) 908The Supreme Court on Tuesday (November 19) directed Jail Superintendents to make special efforts to identify women prisoners who may qualify for release under Section...

'One Nation, One Election' : How Constitution Is Proposed To Be Amended For Simultaneous Elections To Lok Sabha & State Assemblies

The 'One Nation, One Election' Bill, officially known as the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, will likely be tabled in the ongoing winter session of the Parliament by Arjun Ram Meghwal, Minister of State for Law & Justice and Minister of State of Parliamentary Affairs.The Bill proposes to insert Article 82A(simultaneous elections to the House of the People...

Though S.52 TP Act Doesn't Make Pendente Lite Transfer Void, Court Can Invalidate Such Sale Exercising Contempt Power : Supreme Court

The Supreme Court has held that the Courts can set aside a sale transaction, which was carried out in violation of its directions, as void in the exercise of its contempt jurisdiction.The Court held that although a sale transaction carried out during the pendency of court proceedings (pendente lite) would not become void due to the operation of the doctrine of lis pendens under Section 52 of...

UAPA | Error In Order Extending Time For Investigation No Ground For Default Bail When Chargesheet Has Been Filed : Supreme Court

The Supreme Court recently set aside an order of the Punjab and Haryana High Court dated May 12, 2023, for granting default bail under Unlawful Activities (Prevention Act), 1967 (UAPA) on grounds that the accused persons should benefit from default bail in the absence of lack of competent order whereby time was extended for the investigation agency to file chargesheet. A bench of Justices...

Reining in Excess: Punjab & Haryana High Court's Judgments Curtailing ED's Arbitrary Powers

The arrest and detention under the Prevention of Money Laundering Act often turn out to be a punishment due to the wide powers given to the Enforcement Directorate (ED) and its stringent bail provisions. The Supreme Court, in August, pointed out that after the amendment, over the past ten years, around 5,000 cases have been registered under the PMLA, but conviction has been obtained in only...

Courts Must Avoid Premature Staying Or Quashing Of Criminal Trials At Preliminary Stage : Supreme Court

The Supreme Court emphasized that courts should avoid prematurely staying or quashing criminal trials, as this could harm the evidence that needs to be presented during the trial. “Courts must avoid the premature staying or quashing of criminal trials at the preliminary stage since such a measure may cause great damage to the evidence that may have to be adduced before the appropriate...

Supreme Court Stays HC Direction To Punjab & Haryana On VVIP/VIP Security Cover

The Supreme Court recently stayed the direction issued by the Punjab and Haryana High Court to revoke the security cover given to IAS officers in Haryana dealing with civil administration responsibilities or quasi-judicial work.The Court also stayed the High Court's direction which sought details of the Police security provided to VIPs and VVIPs in Punjab and Haryana.The bench of Justices AS...

Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court

The Supreme Court held that a criminal case for cruelty under Section 498A of the Indian Penal Code cannot be sustained against a woman with whom the husband had an extra-marital affair. Because, such a woman would not come within the ambit of the term "relative" under Section 498A IPC.Holding so, a bench comprising Justice BR Gavai and Justice KV Viswanathan quashed a criminal case against...

Supreme Court Issues Notice On PIL Raising Issue Of Snake Bites In India

The Supreme Court today issued notice on a public interest litigation assailing non-availability of treatment (anti-venom drugs, etc.) and lack of awareness related to snake bites in the country.A bench of Justices BR Gavai and KV Viswanathan passed the order, calling for the response of Union of India as well as the States/Union Territories impleaded as party-respondents.Briefly put, the...

Senthil Balaji Sabotaging Trial, Seeking Adjournments On Frivolous Grounds : ED Tells Supreme Court

Solicitor General Tushar Mehta appearing for the Enforcement Directorate told the Supreme Court on Friday (December 13) that the trial against Senthil Balaji in the alleged cash for jobs scam has been sabotaged. “Trial is sabotaged. I have my affidavit”, Mehta said. A bench of Justice Abhay S Oka and Justice Pankaj Mithal allowed ED to file it affidavit in a plea seeking to...