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Land Acquisition | Delay In Filing Appeal No Reason To Deny Land Losers Fair Compensation : Supreme Court
The Supreme Court observed that a delay in filing an appeal against a land acquisition compensation award would not be a reason to deny just, fair, and reasonable compensation to the landowners. “Delay is not a reason to deny the land losers their compensation, which is just, fair and reasonable for the land they have lost.”, the court observed. The bench comprising Justices Sanjay...
In Suit For Cancellation Of Deed & Recovery Of Possession, Limitation Of 3 Years Applies As Cancellation Is Main Relief : Supreme Court
The Supreme Court has reiterated that where a composite suit had been filed for cancellation of the sale deed and of possession, the limitation period would have to be adjudged from the primary relief of cancellation which is 3 (three) years, and not the ancillary relief of possession which is 12 (twelve) years.Reference was made to Rajpal Singh v. Saroj (2022) 15 SCC 260, which observed :...
Retired Judges' Medical Reimbursement To Be Borne By State Of First Appointment Or Retirement : Supreme Court
The Supreme Court recently (April 15) cautioned State Governments that non-compliance with its orders on medical facilities for retired High Court Judges, their spouses, and other dependants could invite action under the Contempt of Courts Act, 1981. “We are putting the State to the notice that if we find non-compliance, action under the Contempt of Courts Act, 1981 will be initiated”,...
S.362 CrPC Can Be Used Only To Correct Clerical Errors : Supreme Court Criticises Allahabad HC For Modifying Murder Conviction
The Supreme Court recently disapproved of the Allahabad High Court invoking Section 362 of the Code of Criminal Procedure to modify the High Court's judgment in a criminal appeal by converting the conviction under Section 302 IPC (murder) to Section 304 Part II (culpable homicide not amounting to murder).The Court underscored that as per Section 362 of the CrPC, only clerical errors in a...
When One Judge Has Held Party Guilty Of Contempt, Another Judge Of Same HC Can't Take Contrary View : Supreme Court
The Supreme Court has held that once a Judge of a High Court has held a party guilty of contempt, another Single Judge of the same Court cannot re-examine whether contempt was actually committed. "When one Judge of the same Court has taken a particular view holding the Respondent to be guilty of contempt, another Judge could not have come to afinding that the Respondent was not guilty...
Supreme Court Seeks Data From Centre On Sanctions Granted/Refused Under S.17A PC Act To Investigate Corruption Cases Since 2018
The Supreme Court recently sought details from the Union Government as to in how many cases sanction has been granted or refused under Section 17A of the Prevention of Corruption Act, 1988 (as amended in 2018) to launch an investigation against a public servant."...we direct the Union of India to place a Statement vis-a-vis the operation of Section 17A of the said Act by detailing as to in...
Kids Bullied After NIA Linked Drug Case To Pahalgam Attack, Says Accused; Supreme Court Says Family Must Not Suffer
In connection with a bail matter where the NIA yesterday linked drug proceeds to funding of terrorism and cited the recent tragedy of Pahalgam Terror Attack, the Supreme Court was today informed that the accused's children were bullied in school as "terrorists' children" because of the comment made and had to be brought back.The matter was mentioned before a bench of Justices Surya Kant,...
Godhra Train Burning Case : Supreme Court Posts Appeals For Final Hearing On May 6 & 7
The Supreme Court today (April 24) passed an order for the final hearing of the 2018 appeals pending in the 2002 Godhra train burning case on May 6 and May 7. The Court said that no other cases will be listed on these dates.The criminal appeals, filed by the convicts challenging their conviction and the State of Gujarat seeking death sentence for the convicts, were listed before a bench...
Prospective Accused Cannot Challenge Order For CBI Investigation : Supreme Court
The Supreme Court observed that it is not open for the prospective accused to challenge the underway investigation. Holding thus, the Court dismissed the appeal challenging the Karnataka High Court's decision to order an investigation by the Central Bureau of Investigation (“CBI”).“Therefore, we are of the considered view that once an FIR is registered and investigation has taken...