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Article 370 A Political Compromise, President Had Broad Powers To 'Pull The Plug': Respondents Tell Supreme Court [Day 13]
On the thirteenth day of the constitution bench proceedings concerning the abrogation of Article 370, the bench comprising CJI DY Chandrachud, Justices SK Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant heard arguments raised by the respondents. Impossibility Cannot Paralyse President's Powers: AGThe first limb of the arguments raised by the AG was that the law does not compel one to do what...
'Far-Fetched, Vague Allegations' : Supreme Court Quashes Sec 498A IPC Case By Wife Against Mother-in-Law & Brothers-in-Law
'The Supreme Court recently quashed the criminal proceedings initiated at the instance of a wife against her in-laws for the offence of cruelty under Section 498A of the Indian Penal Code after noting that the allegations were "mostly general and omnibus in nature".The woman had lodged the FIR against her mother-in-law and two brothers-in-law (one of them a judicial officer). The accused...
Magistrate Can Take Cognizance Of Protest Petition After Rejecting Police Final Report : Supreme Court
The Supreme Court observed that on the receipt of final report, Magistrate can exercise his discretion to treat protest petition as a complaint case.The bench of Justices Bela M Trivedi and Dipankar Datta noted that on the receipt of the police report under Section 173 Cr.P.C., the Magistrate can exercise three options. Firstly, he may decide that there is no sufficient ground for...
Manipur Violence | Supreme Court Directs IT Ministry To Create Website For Public To Give Information To Court-Appointed Committee
Last week, while transferring the sexual violence cases related to the Manipur ethnic clashes currently being investigated by the Central Bureau of Investigation (CBI) - now 27 in number - to Assam in view of the 'overall environment' in Manipur and the need to ensure a 'fair process of criminal justice administration, the Supreme Court issued a slew of directions. The court's directives...
Bilkis Bano Case| Does Non-Deposit Of Fines By Convicts Have Bearing On Remission? Supreme Court Asks
The Supreme Court on Thursday asked whether the non-payment of the fine imposed as a part of the sentence would have an effect on the remission of the convicts in the Bilkis Bano case. This question was posed to Senior Advocate Sidharth Luthra, when he informed the bench that recently, the full amount owed by the convict he is representing, has been paid to a sessions court in Mumbai.A bench...
EPFO Employees Must Comply With IBC Timeline For Filing Claims; Default Officers Must Face Action : Supreme Court
The Supreme Court recently held that the Commissioner and employees of the Employees Provident Fund Organization (EPFO) must ensure that they comply with the timelines under the Insolvency and Bankruptcy Code, 2016. The Apex Court also stated that in case of failure to comply with the timelines, action must be taken against erring employees. "..we are of the view that the Commissioner...
‘Do Not Become Adjournment or Pass Over Counsel, Become Arguing Counsel Yourself’: Justice BV Nagarathna To Young Lawyer
Supreme Court judge BV Nagarathna on Thursday stressed the importance of junior lawyers beginning to argue in court early on in their career. This remark was made during today’s court proceedings, when a junior lawyer requested a bench of Justices Nagarathna and Ujjal Bhuyan to adjourn the hearing of a case, citing the ill-health of the ‘main counsel’. “You are there, so...
'Cruel Joke' : Madras High Court Questions 2012 Order Discharging Former TN Minister Paneerselvam; Says DVAC Was Doing Govt's Dirty Work
The Madras High Court has once again exercised suo motu revision against an order of the trial court discharging a politician in a criminal case.This time, former Tamil Nadu Chief Minister O.Paneerselvam is facing trouble with the High Court bench of Justice Anand Venkatesh expressing reservations about the order passed by Chief Judicial Magistrate/Special Judge, Sivagangai discharging him...
Senior Citizens Entitled To Claim Past Maintenance From Children : Kerala High Court
The Kerala High Court last week held that the lack of specific statutory provisions does not restrict the Courts from allowing past maintenance claims in favour of senior citizens.A Division bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas added that the lack of statutory provisions to seek maintenance retrospectively does not mean that the law restricts senior citizens from...
Supreme Court Surprised By Gujarat HC Granting Bail To Murder Accused Based On 'Settlement' With Victim's Son; Chastises State For Not Challenging Order
In a recent order, the Supreme Court expressed surprise at an order passed by the Gujarat High Court granting bail to an accused in a murder case on the basis of a 'settlement' between him and the the original complainant(son of the deceased victim).The Court raised questions about the appropriateness of allowing personal settlements in serious criminal cases of such magnitude and...
Can Accused Seek Default Bail If Chargesheet Filed Is Incomplete? Supreme Court Seeks CBI's View
The Supreme Court recently faced an intriguing question as to whether an incomplete chargesheet would entitle an accused to default bail under Section 167(2) of the Code of Criminal Procedure and if cognisance could be taken based on it. This question arose in a case where although the chargesheet was filed within 60 days as per section 167 CrPC, the petitioner sought default bail contending...
MBBS : Supreme Court Refuses To Interfere With 100% Reservation For Local Candidates In 'Competent Authority Quota' In Telangana; Says HC Can Consider
The Supreme Court on Thursday refused to entertain a petition challenging the Telangana government’s newly introduced policy of 100 per cent reservation for local candidates in 'competent authority quota' in medical colleges established after June 2014. By a July 3 order, the state government has reserved all competent authority quota seats in medical colleges established after...