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Quashing Of FIR : Recent Supreme Court Judgments Lay Down Novel Approach
Last week, the Supreme Court pronounced a few judgments making important observations related to the jurisprudence surrounding the quashing of an FIR either under Section 482 (the inherent powers) of the Code of Criminal Procedure (CrPC) or Article 226 (extraordinary jurisdiction) of the Indian Constitution.The judgments were delivered by a Division Bench comprising Justices B.R. Gavai and...
PC Act | Special Court Can Proceed Against Accused For IPC Offences Though Sanction Under S.19 PC Act Is Not Granted : Supreme Court
The Supreme Court recently held that a Special Court under the Prevention of Corruption Act 1988 (PC Act) can proceed against an accused for offences under the Indian Penal Code 1860 even if sanction for prosecution has not been granted in respect of PC Act offences as per Section 19 of the said Act.In this case, the appellant, a bank manager, was facing trial for offences punishable...
Bharatiya Nyaya Sanhita Bill Allows Using Draconian Police Powers For Political Ends: Kapil Sibal
Expressing his concerns about the new bills introduced by the Union Government which propose repeal and replacement of the IPC, CrPC and the Indian Evidence Act , Senior Advocate and Rajya Sabha MP Kapil Sibal said that the bills allows for "using draconian police powers for political ends".Taking to his ‘X’ account, formerly known as Twitter, former law minister Sibal said that ...
Electronics Shop Repairing & Servicing Electrical Goods Is “Factory” Under ESI Act: Supreme Court
The Supreme Court recently held that the electronic goods shop which sells goods and repairs/services such goods can be said to be engaged in a “manufacturing process” using “power” as defined under ESI Act and Factories Act, 1948.The Supreme Court bench comprising Justices Hima Kohli and Justice Rajesh Bindal was hearing an appeal against the Karnataka HC judgment which confirmed...
B.Ed. Graduates Ineligible For Post Of Primary School Teachers, Holds Supreme Court; Says 'Right To Education Includes Quality Education'
The Supreme Court has upheld the decision of the Rajasthan High Court which had made B.Ed. (Bachelor of Education) degree holders ineligible for appointment to the post of primary school teachers. The bench comprising Justice Aniruddha Bose and Justice Sudhanshu Dhulia opined that the fundamental right of primary education in India as guaranteed under Article 21A of the Indian Constitution...
RFCTLARR Act | Supreme Court Sets Aside Award Passed During COVID Lockdown; Says 'Fair Opportunity Of Hearing Must Be Given To Claimant'
A Division Bench of the Supreme Court, comprising Justices Surya Kant and Dipankar Datta, recently examined the objective of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act) while allowing an appeal. The Court held that for fair compensation under the said act, “it is imperative that a fair opportunity of hearing is...
'Can't Direct Govt To Introduce Bill': Supreme Court Sets Aside HC Directions To Make Law Commission Statutory Body & Codify Tort Law
The Supreme Court on Friday reiterated that a writ court cannot mandate to the legislature to legislate on a particular subject. A division bench of Justice Abhay S Oka and Justice Sanjay Karol observed that it is not within the power of a writ court to direct the Government to introduce a particular bill in the legislature and that it can only recommend amendments...
Challenge To Anand Mohan's Remission : Bihar Govt Expresses Reluctance To Share Records With Petitioner; Says Will Submit Only To Supreme Court
The Supreme Court on Friday(Aug 11) allowed the Bihar Government to file a further affidavit with regard to the remission granted to former MP who was serving a life term in the 1994 murder case of then Gopalganj District Magistrate G. Krishnaiah. The bench comprising Justices Surya Kant and Justice Dipankar Dutta was hearing a petition filed by Umadevi, the widow of Krishniah, challenging...
Employee Has "Right To Vent", Management Cannot Take Action For Messages Sent In Private WhatsApp Group: Madras High Court
While setting aside a charge memo issued against an employee of the Tamil Nadu Grama Bank, the Madras High Court noted that every employee has a "right to vent" and the management could not take action against the employees for messages that were posted in a WhatsApp group chat expressing critical views against the management so long as such messages were otherwise within...
Government of NCT Delhi (Amendment) Act, 2023 Receives President's Assent
On Friday, the President has given assent to contentious Government of NCT of Delhi (Amendment) Bill, 2023 - It dilutes the powers of the Delhi Government over services. It will come into force retrospectively from 19th May, the day when Ordinance was promulgated.The Bills was passed in Rajya Sabha on August 07, with 131 votes in its favour and 102 votes against it.It was already approved by...
President Gives Assent To Digital Personal Data Protection Act 2023
The President has given assent to the new the Digital Personal Data Protect, Act 2023 on Friday. The Act will come into force on the date to be notified by Centre.It is a first law made for processing data and amends various legislations including Right to Information Act and IT Act. It will come into force on such date as the Central Government may announce by notification.The Bill seeks...
‘70% of Government Litigation Frivolous’: Supreme Court Judge BR Gavai
70 percent of government litigation is frivolous and can be curtailed to lessen the court’s workload, Supreme Court judge BR Gavai remarked on Friday, while rejecting a plea filed by the Union of India. He was part of a three-judge bench also comprising Justices PS Narasimha and PK Mishra. Right at the outset, he asked Additional Solicitor-General Aishwarya Bhati how a 'disposed...