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Bribery Not Protected By Legislative Privileges; No Immunity For MPs/MLAs Taking Bribe For Vote/Speech In Legislature : Supreme Court
In a landmark decision, the Supreme Court on Monday (March 4) overturned the 1998 PV Narasimha Rao judgment which held that members of parliament and legislative assemblies could claim immunity under Articles 105(2) and 194(2) of the Constitution for receiving a bribe in contemplation of a vote or speech in the legislature. The latest verdict, setting aside the earlier ruling, was handed out by...
Can MPs/MLAs Claim Immunity For Taking Bribe For Vote/Speech In Legislature? Supreme Court Judgment- Live Updates
A 7-judge Constitution Bench of the Supreme Court 7-Judge will pronounce judgment today on whether MPs/MLAs can claim immunity for bribes taken for votes/speeches in Parliament/Assemblies.The Bench led by Chief Justice of India DY Chandrachud and comprising Justices AS Bopanna, MM Sundresh, PS Narasimha, JB Pardiwala, Sanjay Kumar and Manoj Misra will decide the scope of legislative...
PMLA Accused Can't Be Arrested After Special Court Has Taken Cognizance Of Complaint : Supreme Court Expresses Prima Facie View
Update - Final judgment on this issue delivered on May 16, 2024- ED Cannot Arrest Accused After Special Court Has Taken Cognizance Of PMLA Complaint : Supreme CourtIn a case under the Prevention of Money Laundering Act (PMLA), the Supreme Court has taken up the issue as to whether an accused person can be arrested by authorities once cognizance is taken by the Special Court under Section 44...
Supreme Court Weekly Digest With Subject /Statute Wise Index [February 19 to 24]
Administrative LawWhile the primary duty of constitutional courts remains the control of power, including setting aside administrative actions that may be illegal or arbitrary, it must be acknowledged that such measures may not singularly address repercussions of abuse of power. It is equally incumbent upon the courts, as a secondary measure, to address the injurious consequences arising...
Going To Resign As Judge, Would Like To Enter Political Arena: Justice Abhijit Gangopadhyay Tells Local News Outlet
In a remarkable development, Justice Abhijit Gangopadhyay of the Calcutta High Court has told local news outlet ABP Ananda in an exclusive interview that he plans on resigning from his post as judge on Tuesday, 5th March 2024.Justice Gangopadhyay in his interview with the Bengali news outlet has thanked the ruling dispensation of the Trinamool Congress (TMC) for repeatedly challenging him...
'Rs 15K Monthly Pension For Retired HC Judge Arbitrary' : Ex-HC Judge Moves Supreme Court To Fix Pension Adding Service As Judicial Officer
A former High Court judge has approached the Supreme Court contending that the length of service as a Judicial Officer before elevation to the High Court has to be added to the length of service as the High Court Judge for the computation of pension and other retiral benefits.The petitioner, among other reliefs, sought a declaration that retired judges are entitled to addition of the length...
Courts Can't Rewrite Contract, Have To Rely on T&Cs Agreed By Parties While Adjudicating Disputes: Supreme Court
Recently, the Supreme Court held that the Courts cannot rewrite or create a new contract between the parties and have to simply rely on the terms and conditions of the agreement as agreed between the parties while deciding a dispute between the parties.The Bench comprising Justices Aniruddha Bose and Sanjay Kumar observed that once the contract in written form is entered by the parties, then...
Supreme Court Weekly Round-Up (26th February-02 March, 2024)
With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the past week and also the...
Supreme Court To Hear In March Plea Relating To Rohingya Refugees
The Supreme Court (on February 29) said that it will hear the Writ Petition, seeking the release of illegally detained Rohingya refugees in India, in March. The petition filed by Priyali Sur, an independent multimedia journalist, pleaded that despite the background of persecution and the discrimination that Rohingyas have fled, in India, they are officially labeled...
Judges Should Not Consider Their Judicial Power To Be Unaccountable : Senior Adv S Muralidhar
Speaking at a seminar organized by the All India Lawyers Union – Chennai District Committee, Senior Advocate and former Chief Justice of Orissa High Court Justice Dr S Muralidhar said that there was a correlation between the working hours of the courts and the disposal of cases. Muralidhar added that merely increasing the number of judges would not solve the problem of...
S. 306 IPC | A Word Uttered In A Fit Of Anger Without Intending Consequences Can't Be Said To Be Instigation For Suicide: Supreme Court
The Supreme Court reiterated that to convict the accused for committing an offence of abetment to suicide under Section 306 IPC, it must be proved by the prosecution that the accused, by his act or omission or by his continued course of conduct, created a situation that the deceased is left with no other option except to commit suicide."Where the accused by his act or omission or by his...
I Want To Hear From District Judges Why “Bail Is The Rule” Principle Is Losing Ground : CJI DY Chandrachud
In his inaugural address at the All India District Judges Conference held in Kachchh on March 2, Chief Justice of India, DY Chandrachud, expressed concern over the apparent reluctance of district courts to entertain matters concerning personal liberty. Noting a departure from the longstanding principle that "bail is the rule, jail is the exception," he highlighted the increasing number of...