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'Legislative Decisions' Not Immune From Judicial Review; Protection Under Article 212(1) Only For 'Proceedings In Legislature' : Supreme Court
Drawing a distinction between 'legislative decisions' and 'proceedings in the Legislature', the Supreme Court in a recent judgment has held that while 'proceedings in the Legislature' are immune from review based on allegation of 'procedural irregularities', there is no absolute bar on judicial review of 'legislative decisions'.A bench of Justices Surya Kant and NK Singh made the observation...
POCSO Act: All India Annual Digest 2024
SUPREME COURTSections 4, 6, 29 and 30 - Presumption under the POCSO Act – Applicability and Conviction - Sentence Modification - Socio-Economic Considerations - Parole Denial - The Supreme Court upheld the conviction of the appellant under Sections 302, 364, and 377 of IPC and Sections 4 and 6 of the POCSO Act for the aggravated penetrative sexual assault and murder of a four-year-old...
'Why You Suddenly Denotified Lands? This Has To Be Investigated' : Supreme Court Refuses To Quash Corruption Case Against HD Kumaraswamy
The Supreme Court on February 25 dismissed a petition filed in 2020 by JD(S) MP HD Kumaraswamy (now a Union Minister) seeking to quash a corruption case over the denotification of two plots of land acquired by the Bangalore Development Authority (BDA), during his tenure as Karnataka Chief Minister between June 2006 and October 2007, allegedly for pecuniary gains.A bench of Justices Dipankar...
Unfair To Collect Toll If Highway Is In Bad Shape: J&K High Court Orders Reduction In Toll Fees
The Jammu and Kashmir High Court directed 80% reduction in the toll fee at two toll plazas on the National highway-44 until the completion of construction. The court said that the National Highway was in a deteriorated state, making toll collection unfair and unreasonable.“This is based on the principle that tolls are collected to provide users with the benefit of well...
S. 411 IPC | Supreme Court Acquits Jeweler Accused Of Possessing Stolen Gold Bars Since He Had No Knowledge That They Were Stolen Property
The Supreme Court today (February 25) acquitted a jeweler who was convicted under Section 411 of the Indian Penal Code (IPC) for receiving stolen property in the high-profile ₹6.7 crore Vijaya Bank fraud case. The Court observed that mere possession of the stolen property by the accused would not justify a conviction under Section 411 of IPC unless it is proven that the accused had...
Former Supreme Court Judge-Justice L Nageswara Rao To Head Committee Constituted For Proposing Electoral Reforms In SCBA
In the Supreme Court Bar Association v. BD Kaushik case, where the Supreme Court is considering the issue of electoral reforms in SCBA, it has come forth that former Supreme Court judge-Justice L Nageswara Rao has agreed to head the Committee proposed for making recommendations. The said Committee is proposed to recommend norms/guidelines/parameters for the reformation and suitable amendments...
Supreme Court Outlines Principles To Determine Proportionality Of Punishment Imposed On Member Of Legislature
While setting aside the expulsion of RJD MLC Sunil Kumar Singh from the Bihar Legislative Council for making derogatory remarks against Chief Minister Nitish Kumar, the Supreme Court emphasised that a punishment imposed on a Member of the Legislature for breach of privileges must be proportionate to the misconduct."There is no gainsaid that imposing a disproportionate punishment not...
JJ Act Bars Public Disclosure Of Juvenile's Conviction Record; Child Won't Suffer Any Disqualification Due To Conviction : Supreme Court
The Supreme Court recently opined that Section 24 of the Juvenile Justice Act, 2015, which states that a child shall not suffer disqualification due to a conviction of an offence under this Act, is protective in nature. Therefor, cases where such conviction details continue to appear in public or official documents undermine the safeguard intended by the legislature. “By expressly stating...
Supreme Court Stays Coercive Steps In Age Fabrication Case Against Badminton Player Lakshya Sen
The Supreme Court today(February 25) issued notice in a Special Leave Petition filed by Indian badminton player Lakshya Sen, challenging the Karnataka High Court's order rejecting his plea to quash an investigation into the allegation of fabricating birth certificates to participate in the underage badminton tournament. A bench of Justices Sudhanshu Dhulia and K. Vinod Chandran issued notice...
Senior Designation System | Supreme Court Issues Notice To All High Courts On Issue Of Reconsideration Of 'Indira Jaising' Judgments
The Supreme Court will hear on March 19 the issue of reconsideration of the Indira Jaising judgments of 2017 and 2023, which govern the process of conferring the Senior Advocate designation to advocates.A bench of Justice Abhay Oka, Justice Ujjal Bhuyan, and Justice SVN Bhatti issued notice to all High Courts and other stake holders while dealing with a case in which a two-judge bench (Jitender...
