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Supreme Court Stays Bombay HC Order That Sentenced Woman For Contempt Over 'Dog Mafia' Comment Against Judges
The Supreme Court has stayed the Bombay High Court order which convicted a woman for contempt of Court, and sentenced her to 1-week simple imprisonment, over her “dog mafia” remark against the Supreme Court and the High Court/their judges.A bench of Justices Vikram Nath and KV Viswanathan passed the order, issuing notice on the woman's plea against the High Court decision. To recap,...
Pahalgam Terror Attack : Supreme Court To Hear Tomorrow A Family's Plea Against Deportation To Pakistan
The Supreme Court will hear tomorrow a writ petition filed by 6 members of a family against their deportation to Pakistan in the wake of the Pahalgam Terror Attack.The matter was listed today before a bench of Justices Surya Kant and N Kotiswar Singh, but was not heard at the first call. Pursuant to a mentioning, Justice Kant told the petitioners' counsel to go through a Times of India...
S. 482 CrPC | Not Open For High Court To Rely On Investigation Report In Plea To Quash FIR: Supreme Court
The Supreme Court today (May 1) observed that High Courts cannot assess or call for the submission of an investigation report while exercising powers under Section 482 of the CrPC, as this authority rests exclusively with the Magistrate. Holding thus, the bench comprising Justices Pankaj Mithal and SVN Bhatti set aside the Gujarat High Court's decision, which had relied upon the...
Caste Census : A Look Back At Supreme Court's 2021 Order Declining To Direct Disclosure Of 2011 SECC Report
In a significant policy shift, the Central Government on Wednesday announced that the upcoming national census will include a caste-based enumeration. The last time India's population was counted by caste was before independence, in 1931. In 2021, a Socio-Economic and Caste Census (SECC) was carried out by the Union Government. However, its report was not published. In this context, it will...
Article 142 Can Be Used To Modify Arbitral Awards, Holds Supreme Court; Justice Viswanathan Dissents
The Supreme Court in its recent decision has held that powers to do complete justice under Article 142 can be exercised to modify an arbitral award if it helps put prolonged litigation to an end. The majority opinion authored by CJI Sanjiv Khanna explained that power to do complete justice under Article 142 can be utilised cautiously to modify an award as long as it does not interfere in...
High Court Cannot Reject A Plaint While Exercising Article 227 Power : Supreme Court
The Supreme Court held that a High Court cannot reject a plaint in exercise of its supervisory jurisdiction under Article 227 of the Constitution.A bench comprising Justice PS Narasimha and Justice Joymalya Bagchi was hearing a petition challenging the Madras High Court's decision to reject a plaint as barred by the Prohibition of Benami Property Transactions Act.Setting aside the High...
'Unauthorised Construction Has To Be Demolished; Judicial Regularisation Impermissible' : Supreme Court
Reaffirming its zero-tolerance stance on illegal and unauthorized construction, the Supreme Court dismissed a petition seeking the regularization of an unlawful building in Kolkata, emphasizing that no leniency should be shown towards such violations and that the structure must be demolished. The Court noted that illegal structures must face demolition without exception, closing all avenues...
'Wholly Unwarranted' : Supreme Court Expunges P&H High Court's Adverse Comments Against Haryana Addl Advocate General
The Supreme Court recently expunged the adverse observations made by the Punjab and Haryana High Court against the Additional Advocate General of Haryana in a case where an undertrial prisoner died during the pendency of a bail application.A bench comprising Justice BV Nagarathna and Justice Satish Chandra Sharma observed that the High Court's observations against the AAG were "were...
GST | Bail Should Be Normally Granted For Offences Under S 132 CGST Act Unless Extraordinary Circumstances Exists : Supreme Court
The Supreme Court recently expressed surprise at the High Court and the Magistrate Court denying bail to a person accused of committing offences under Section 132 of the Central Goods and Services Tax Act.The Court observed that in cases like this, bail should normally be granted. The offences alleged against the appellant were under Clauses (c), (f) and (h) of Section 132(1) of the Central...
When Can Court Remand Arbitral Award To Tribunal Under S.34/37 Arbitration Act ? Supreme Court Explains
The Supreme Court Constitution Bench recently held that the powers of Courts to remand arbitral awards back to the Tribunal under S. 34(4) of the Arbitration and Conciliation Act 1996 cannot be seen as a straight-jacket formula. The Court observed that an award should be remitted back only if there is a possibility to correct a defect in the award, but if the entire award suffers...
Mere Use Of Insulting Remarks Like 'Impotent' Doesn't Constitute Abetment Of Suicide : Supreme Court Quashes Case Against Husband's In-Laws
The Supreme Court quashed an abetment to suicide case under Section 306 of the IPC against the husband's in-laws, ruling that merely calling him "impotent" in offensive language while taking their daughter (the deceased's wife) to her parental home after a marital dispute did not amount to abetment. An FIR was registered against the husband's in-laws after a husband's suicide note was...