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Supreme Court Disposes Of Kerala Govt's Petition Filed Before HC Against NGT Order As Withdrawn, Gives Liberty To File Appeal
The Supreme Court (on May 15) disposed of the writ petition filed before the Kerala High Court challenging an order of the National Green Tribunal after the same was upheld by the Supreme Court earlier. The order was passed after Senior Advocate R Basant, appearing for the State, informed the Court that the state was withdrawing the writ petition from the High Court. Previously, the...
Supreme Court Seeks Suggestions To Modify 2017 Order Mandating PUC Certificate For Vehicle Insurance
The Supreme Court recently expressed an intention to revisit its 2017 order which made a Pollution Under Control (PUC) certificate mandatory for third party vehicle insurance. The Court made a prima facie observation regarding the need to balance the PUC norms and third party insurance.The Court has sought suggestions from Solicitor General of India Tushar Mehta and the amicus curiae...
Agency Won't Be Terminated Upon Death Of Principal If Agent Has Interest In Property Which Is Subject Matter Of Contract: Supreme Court
The Supreme Court observed that the death of the original contractor would not preclude the agent (power of attorney) from initiating the proceedings arising out of the contract if the agent holds an interest in the contract being expressly mentioned in the contract.Reversing the findings of the High Court, the bench comprising Justices BR Gavai and BV Nagarathna stated that where the agent...
S. 357 Cr.P.C. | Payment Of Compensation To Victim Not A Factor To Reduce Convict's Sentence : Supreme Court
The Supreme Court held that an order for the convict to pay compensation to the victim would not result in the reduction of the sentence imposed on the convict.“In criminal proceedings the courts should not conflate sentence with compensation to victims. Sentences such as imprisonment and / or fine are imposed independently of any victim compensation and thus, the two stands on a...
Supreme Court Asks Meghalaya Govt To Issue Clear Instruction About Ban On 'Two-Finger' Test In Rape Cases
Recently (on May 07), the Supreme Court, while hearing a criminal appeal arising out of the High Court of Meghalaya, expressed its dismay that the “two-finger test” was used in a rape case despite being deprecated by the Top Court. The Court also took into account that the decision in Lillu @ Rajesh and Anr. V. State of Haryana (2013) 14SCC 643, holding that the two-finger test on a...
'Grounds Of Arrest' Must Contain All Basic Facts To Provide Opportunity To Accused To Oppose Remand & Seek Bail : Supreme Court
The Supreme Court, in its judgment delivered today on May 15, distinguished between the 'reasons for arrest' and 'grounds of arrest'. The Court said that there is a significant difference between these two phrases. It explained that 'reasons of arrest' are formal and could apply generally to any person arrested of an offence. Elaborating, the Court also cited several of these...
Uttrakhand Forest Fires : Supreme Court Seeks Personal Presence Of State Chief Secretary For Explanations
Taking into consideration the importance of controlling fires in the forests of Uttarakhand, the Supreme Court on Wednesday directed the Chief Secretary of the state to personally remain present on May 17The bench of Justices B. R. Gavai, S. V. N. Bhatti and Sandeep Mehta required the Chief Secretary to explain-1. As to why CAMPA Funds(Compensatory Afforestation Fund Management and...
Arrest & Remand Illegal If Accused Not Informed Grounds Of Arrest; Filing Of Chargesheet Won't Validate Illegal Arrest : Supreme Court
The Supreme Court (today on May 15) opined that an illegal arrest and remand order cannot be validated merely on the ground that a chargesheet has been filed. “Mere fact that a charge sheet has been filed in the matter, would not validate the illegality and the unconstitutionality committed at the time of arresting the accused and the grant of initial police custody remand to...
Supreme Court Calls For Report On Environmental Impact Of Construction Of 5-Star Hotel Near Udai Sagar Lake, Rajasthan
In a public interest litigation assailing construction of a 5-star hotel in Udai Sagar lake of Rajasthan, the Supreme Court on May 14 called for a report from the state government on the status of construction as well as its impact on the environment (including the lake).A bench of Justices Sanjiv Khanna and Dipankar Datta passed the order, listing the matter in September, 2024. The status...
'What About Right Of Child In Womb?' : Supreme Court Rejects Plea To Abort 30-Week Pregnancy
The Supreme Court on Wednesday (May 15) dismissed a petition filed by a woman seeking termination of her pregnancy which crossed 30 weeks of gestational age.A bench comprising Justices BR Gavai, Sandeep Mehta and SVN Bhatti was considering a Special Leave Petition filed against the judgment delivered by the Delhi High Court on May 3 dismissing the woman's plea. When the High Court passed...
Accused Must Be Given Written Grounds Of Arrest In UAPA Cases Too : Supreme Court Extends Ratio Of 'Pankaj Bansal' Judgment
In one of the crucial developments, the Supreme Court (today on May 15), held that the ratio laid down in the judgment in the case Pankaj Bansal v Union of India mandating that grounds of arrest must be supplied to the accused in writing will also apply in the cases registered under the Unlawful Activities (Prevention) Act 1967. The Bench of Justices BR Gavai and Sandeep Mehta made...
'Why Do You Want To Contest From Varanasi?' Supreme Court Rejects Tamil Nadu Farm Activist's Plea To Extend Time To File Nomination
The Supreme Court on Wednesday (May 15) refused to entertain a writ petition filed by Tamil Nadu-based farmers' leader P Ayyakannu who wanted to contest the Lok Sabha elections from the Varanasi constituency in Uttar Pradesh. Disinclined to consider the issue of granting an extension of time to file his nomination, the Court termed the petition as 'Publicity Interest Litigation.' It is...