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Accused Who Surrenders Before Court Can't Be Taken In Custody When Court Hasn't Issued Summoning Order After Taking Cognizance: Supreme Court
The Supreme Court has observed that an accused cannot be taken into custody when he voluntarily surrenders before the Court even though the Court which has taken cognizance of the chargesheet has not issued a summoning order against him.The Court further stated that a bail application filed by such an accused, who voluntarily surrendered even in the absence of a summoning order, cannot...
VHP Moves Calcutta High Court Over Lioness Being Named 'Sita' & Housed With Lion Named 'Akbar' At Siliguri Safari Park
The Bengal wing of the Vishwa Hindu Parishad (VHP) has moved the Calcutta High Court's Circuit Bench at Jalpaiguri, challenging the forest department's move to name a lioness 'Sita' and keep it in the same enclosure as a lion named 'Akbar' at Siliguri's Safari park.According to reports, the pair had been recently brought in from Sepahijala Zoological Park in Tripura, and forest...
'Poor Litigant Harassed For 22 Years' : Supreme Court Imposes Rs 10 Lakh Cost On Rajashtan Govt For Refusing To Reinstate Labourer
The Supreme Court on Friday (February 16) imposed a cost of Rs. 10,00,000/- (Ten Lakhs only) on the State of Rajasthan for harassing the poor litigant, who was compelled to file repeated litigation to get the fruits of the award of the Labour Court.Terming the plea filed by the State as frivolous litigation, the Bench Comprising Justices Vikram Nath and Satish Chandra Sharma dismissed the...
Supreme Court Weekly Digest With Subject/Statute Wise Index [February 1 to 11]
Armed Forces Tribunal Act, 2007Armed Forces Tribunal Act, 2007; Section 31 - The recruitment was not confined to the priority / reserved class rather it was open for general category also in case vacancies remain available. The Recruitment application(s) clearly establishes that the appellants have applied as a general category candidate(s) against the surplus seats/vacancies remaining...
Prosecution Sanction Under Section 197 Cr.P.C Explained By Justice V Ram Kumar [Part-7]
AB. Is not the filing of a charge-sheet without the requisite prosecution sanction per se, illegal ? 29. The filing of a charge-sheet before Court without the requisite prosecution sanction is not per se illegal. What the law insists is that before the Court takes cognizance of the offence, there must be before the Court the requisite prosecution sanction given by the...
'Right To Defend Oneself A Fundamental Right' : Supreme Court Quashes Bar Association's Resolution To Not Represent A Party
Recently, the Supreme Court observed that the right to defend oneself is a fundamental right under the Constitution of India, and no resolution could be passed by the Bar Association to forbid other members of the bar to appear on behalf of the petitioner who appeared in person to defend its case. The aforesaid observation of the Supreme Court Bench comprising Justices Vikram Nath and...
Bank Cannot Be Held Responsible For Illegal Activities Conducted By Borrower In Mortgaged Premises: Supreme Court
The Supreme Court (on February 09), while setting aside the impugned order passed by the NGT, Delhi, held that a Bank cannot be held responsible for illegal activities carried out by the borrower in mortgaged premises. The Division bench of Justices Sanjiv Khanna and Dipankar Datta said that this position is not only unacceptable but also not maintainable in law. “…we are unable...
Electoral Bonds | How Supreme Court Used Proportionality Test To Give Primacy To Voters' Right To Information
In a profound development, the Supreme Court on Thursday (February 15) struck down the controversial Electoral Bonds (EB) Scheme, holding that anonymous EBs are violative of the right to information enshrined under Article 19(1)(a) of the Constitution.The decision was rendered by a Constitution Bench comprising CJI DY Chandrachud, Justices Sanjiv Khanna, BR Gavai, JB Pardiwala, and Manoj...
'Indian Legal Education System Favors English Speaking Students': CJI DY Chandrachud Urges RPNLU Prayagraj To Impart Education In Hindi
Today, speaking at the inauguration of the newest National Law University in the state of Uttar Pradesh, Dr. Rajendra Prasad National Law University, Prayagraj, Chief Justice of India DY Chandrachud said “Despite the developments in legal education, the contemporary Indian legal education system only favours certain English speaking, urban students.”“National Law University...
Most Women Inmates Of West Bengal Prisons Were Already Pregnant When Brought To Jail: Amicus Tells Supreme Court
An application filed by Senior Advocate Gaurav Agrawal revealed that there were 62 children born in the jails in West Bengal during the last four years. However, the application added that most of these women inmates 'were already expecting at the time when they were brought to the jails.' “In some cases, the women prisoners had gone out on parole and returned back expecting," Agarwal,...
Roster Notified By Chief Justice Binding On All Judges; No Bench Can Hear A Case Unless Assigned By CJ: Supreme Court
Recently, the Supreme Court observed that a Bench, after releasing the case, is not competent to re-hear the case unless the case is assigned back to the Bench by the Chief Justice as the master of the roster. Setting aside that part of the Bombay High Court's Bench order which granted bail to the accused despite the case being not assigned to the Bench, the Supreme Court Bench...
NEET-MDS : Supreme Court Issues Notice On Plea To Postpone NEET-MDS 2024 Exam & Extend Internship Cut-off Date
The Supreme Court on Friday (February 16) issued notice in a writ petition seeking to reschedule the NEET MDS 2024 which is due on March 18, 2024, and to direct extension of cut-off for eligibility after revising the internship completion dates. The bench comprising the CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra was informed that the said decision of holding the NEET MDS on...