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S. 401 CrPC | High Courts Can't Convert Order Of Acquittal To Conviction Under Revision Jurisdiction : Supreme Court
The Supreme Court observed that the High Court while exercising a Criminal Revision jurisdiction under Section 401 Cr.P.C. (now Section 442 of BNSS) cannot order a decision of acquittal to conviction. The Court said that if the High Court believes that the acquittal was wrong, then instead of reversing the acquittal it could have remanded back the matter for re-appreciation by the...
Plea In Supreme Court To Allow Public Inspection Of General Power Of Attorneys In Property Transactions
The Union Government on September 2 told the Supreme Court that it will explore if a legislative intervention is required to address the issues raised in a petition seeking public inspection of General Power of Attorney (GPA) issued in property transactions. The bench of Justices Surya Kant and Ujjal Bhuyan was hearing a Public Interest Litigation (PIL) filed by a petitioner-in-person...
S.149 IPC | When Accused Is Roped In For Being Member Of Unlawful Assembly, Whether He Caused Injury Is Irrelevant : Supreme Court
The Supreme Court on September 4 upheld the judgment and order of the Allahabad High Court convicting and sentencing the appellant for murder along with rioting armed with deadly weapon. A bench of Justices Abhay S. Oka and Ujjal Bhuyan was hearing a criminal appeal where the appellant argued that although he had carried a country-made pistol at the crime scene, where other accused had...
Supreme Court Holds Landowners Liable Along With Builder For Deficiencies In Flat Constructions
The Supreme Court recently held that a revocation of power of attorney executed between landowners and builder for developing their land would not absolve the landowners from being jointly and severally liable along with the builder in a consumer case for deficiency of service. The Court observed that the Joint Venture Agreement (JVA) between the builder and the landowners remained operative...
'Don't Say Grant Of Bail Will Demoralise HC' : Supreme Court To CBI While Reserving Judgment On Arvind Kejriwal's Bail Plea
The Supreme Court on Thursday (September 5) reserved judgment on the petitions filed by Delhi Chief Minister Arvind Kejriwal challenging his arrest and seeking bail in the case registered by the CBI over the alleged Delhi Liquor Policy scam.A bench of Justices Surya Kant and Ujjal Bhuyan heard the matter the whole day.Kejriwal's petition before the Supreme Court challenged the Delhi High...
RG Kar Rape-Murder: Calcutta High Court Calls For CBI's Report On "Very Nasty Comments" About Victim Written On Social Media
The Calcutta High Court has called for the Central Bureau of Investigation (CBI) to submit its report regarding certain comments which were written on social media pertaining to the victim in the brutal RG Kar rape-murder case involving a trainee doctor who was raped and killed in the hospital premises.A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya...
Can Alimony Be Granted When Marriage Is Declared Void Under Hindu Marriage Act? Supreme Court To Consider On October 3
The Supreme Court on Thursday (September 5) posted the issue of whether alimony can be granted under the Hindu Marriage Act, 1955 (HMA) when a marriage has been declared void for hearing on October 3, 2024. A three-judge bench of Justice Abhay S. Oka, Justice Ahsanuddin Amanullah, and Justice Augustine George Masih also directed the parties to file written submissions and compilation of...
Supreme Court Dismisses Plea Of Ex-Vigilance Commissioner For Chief Secretary's Pay Scale
The Supreme Court dismissed an appeal by a former State Vigilance Commissioner of Nagaland seeking a pay scale equivalent to that of the Chief Secretary of the State observing that he is not entitled to the Chief Secretary's pay scale merely because some predecessors were getting that pay scale.A bench of Justice Hima Kohli and Justice Sandeep Mehta observed that the appellant...
Specific Relief Act | S.28 Application Can Be Filed In Trial Court Even If Decree Was Passed By Appellate Court : Supreme Court
The Supreme Court reiterated that an application under Section 28 of the Specific Relief Act, 1963, can be filed before the trial court even if the decreee for specific performance was passed by the appellate Court.Referring to the precedent Ramankutty Guptan Vs. Avara (1994) 2 SCC 642 and V.S. Palanichamy Chettiar Firm Vs. C. Alagappan and Anr (1999) 4 SCC 702, the Court observed :"in our...
Doctors Directed To Stop 'Two-Finger Test' On Rape Victims, Violators Will Be Punished : Meghalaya Govt Tells Supreme Court
The State of Meghalaya recently informed the Supreme Court that it has issued circular in compliance with the earlier directions of the Court prohibiting the 'Two Finger test' on rape survivors. The bench of Justices JB Pardiwala and Sanjay Karol was hearing a criminal appeal arising out of the High Court of Meghalaya filed by a person convicted of offense rape and charges under the...
Arvind Kejriwal's Bail : Live Updates From Supreme Court
The Supreme Court will hear today Delhi Chief Minister Arvind Kejriwal's bail plea in the CBI case related to the liquor policy case.A bench comprising Justices Surya Kant and Ujjal Bhuyan will hear the matterKejriwal was earlier granted interim bail by the Supreme Court in the case registered by the Enforcement Directorate (ED) under the Prevention of Money Laundering Act (PMLA) in relation...
Advocates' Presence Marking Order Put On Hold : Full Court Room Exchange | Supreme Court
Courtroom exchange of proceedings in which bench of Justice JK Maheshwari and Justice Rajesh Bindal put on hold its order that only the presence of advocates who are either present or assisting in court proceedings will be marked.Justice JK Maheshwari: One humble request to all of the members of the bar - We have already passed the order with respect to the presence. Don't persuade our...