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Section 362 CrPC Bar Not Applicable To Bail Orders : Supreme Court
A Division Bench of the Supreme Court recently, while setting aside the judgment of the Madhya Pradesh High Court, held that Section 362 of the Code of Criminal Procedure, 1973, which prohibits modification of a judgment or final order, will not be applicable in an order for refusal of bail. The rationale given by the Court was that such an order has the characteristics of an interlocutory...
'Serving Personnel Can't Be Deemed To Ex-Servicemen From Future Date' : Supreme Court Rejects Army Veterans Plea For Govt Job
Serving Armed Forces officers can't be deemed to be Ex-Servicemen from a prospective date, said the Supreme Court while rejecting the claim of three appellants for appointments as Village Development Officers in the Uttar Pradesh State Service.The appellants, even while serving the Armed Forces, applied to the posts of Village Development Officers, advertised by the UP Subordinate...
Electoral Bonds Scheme Discriminatory For Excluding Parties With Small Votes Shares? Supreme Court Refuses To Consider In Ongoing Case
The Supreme Court on Wednesday (November 1) refused to entertain an intervention application filed by 'Dalit Panthers' party challenging the Electoral Bonds scheme as discriminatory for not allowing parties with small votes share to accept the bonds.The Constitution Bench comprising Chief Justice of India DY Chandrachud, Justices Sanjiv Khanna, BR Gavai, JB Pardiwala, and Manoj Misra said...
Supreme Court Confirms Order Granting Teesta Setalvad and Husband Interim Anticipatory Bail in Donations Embezzlement Case
The Supreme Court on Wednesday (November 1) granted anticipatory bail to social activists Teesta Setalvad and her husband Javed Anand who are facing charges of embezzlement of funds raised to help and commemorate victims of the 2002 Gujarat riots, confirming an earlier order granting the duo interim protection from coercive action.A bench of Justices Sanjay Kishan Kaul, Sudhanshu Dhulia,...
Observations By Coordinate Bench No Ground To Review A Judgment : Supreme Court Lays Down 8 Principles On Scope Of Review
Observations made by a coordinate bench about a judgment cannot be a ground to review it, said the Supreme Court while dismissing review petitions filed against the 2022 judgment in State Tax Officer v. Rainbow Papers Ltd 2022 LiveLaw (SC) 743.In Rainbow Papers, a bench comprising Justices Indira Banerjee (since retired) and AS Bopanna held that a resolution plan under the Insolvency...
Electoral Bonds Case Hearing : Live Updates From Supreme Court [Day 2]
The Supreme Court will continue hearing today a batch of petitions challenging the electoral bonds scheme.A Constitution bench comprising CJI DY Chandrachud, Justices Sanjiv Khanna, BR Gavai, JB Pardiwala and Manoj Misra is hearing the matter. Yesterday, Adv Prashant Bhushan, for Association for Democratic Reforsm, commenced arguments for petitioners & asserted that amendments to FCRA,...
Witness Not Discredited By Mere Contradiction Between Testimony And Statement Given To Police : Supreme Court
The Supreme Court recently observed that a witness will not stand totally discredited merely because the testimony given during the trial contradicted the earlier statement given to the police. "No doubt statement given before police during investigation under Section 161 are “previous statements” under Section 145 of the Evidence Act and therefore can be used to cross examine a witness....
Electoral Bonds Violate Citizens' Right To Information, Promote Corruption: Prashant Bhushan To Supreme Court [Day 1]
Arguing before the Constitution bench comprising Chief Justice of India DY Chandrachud, Justices Sanjiv Khanna, BR Gavai, JB Pardiwala, and Manoj Misra in the batch of petitions challenging the Electoral Bond Scheme, Advocate Prashant Bhushan submitted that 99% of Electoral Bonds went to the ruling parties in the Centre and in the States while the opposition parties were left with less than 1%...
Plaint Cannot Be Rejected In Part Under Order VII Rule 11 Of CPC: Supreme Court
The Supreme Court on Tuesday (31.10.2023) held that a plaint cannot be rejected in part under Order VII Rule 11 of the Code of Civil Procedure, 1908. The Court also reiterated that when a plaint does not disclose a cause of action, it is liable to be rejected under Order VII Rule 11.“In simple terms, the true test is first to read the plaint meaningfully and as a whole, taking it to be...
IBC Resolution Plan Can't Ignore Government Dues : Supreme Court Dismisses Review Petitions Against 'Rainbow Papers'
The Supreme Court on Tuesday (October 31) dismissed a batch of review petitions filed against a 2022 judgment which held that the definition of a secured creditor under the Insolvency and Bankruptcy Code (IBC) 2016 included any government or governmental authority and that a resolution plan which ignored dues to the government was liable to be rejected.A bench comprising Justices AS Bopanna...
No Way To Prohibit Trading Of Electoral Bonds Since They Can Be Transferred, Says Supreme Court During Hearing [Day 1]
While hearing the batch of petitions challenging the anonymous electoral bonds scheme, the Supreme Court today commented on the lack of control over transactions involving Electoral Bonds owing to the transferability of the bonds. The Constitution bench comprising Chief Justice of India DY Chandrachud, Justices Sanjiv Khanna, BR Gavai, JB Pardiwala, and Manoj Misra considered arguments raised...
Supreme Court To Hear Umar Khalid's Bail Plea Along With His Petition Challenging UAPA Provisions On Nov 22
The Supreme Court on Tuesday (October 31) decided to hear former JNU scholar and activist Umar Khalid's plea challenging various provisions of the Unlawful Activities (Prevention) Act, 1967, along with his pending bail application in the Delhi riots larger conspiracy case, on November 22. A bench of Justices Aniruddha Bose and Bela M Trivedi was hearing a writ petition filed by the UAPA...