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Politically Charged Atmosphere In Bengal May Not Be Conducive For Fair Investigation: Supreme Court Allows BJP Leader's Plea For CBI Probe
The Supreme Court cited the politically charged environment in West Bengal as a significant factor while directing the transfer of investigations in criminal cases against West Bengal BJP leader Kabir Shankar Bose to the CBI to ensure a fair and impartial investigation.A bench of Justice BV Nagarathna and Justice Pankaj Mithal allowed Bose's plea alleging that false criminal charges were...
When Is An Order Passed By HC Single Bench In Contempt Jurisdiction Appealable Before DB? Supreme Court Explains
The Supreme Court recently held that an order passed by a single bench of the High Court declining to initiate proceedings for contempt, or initiating proceedings for contempt, or an order dropping the proceedings for contempt or an order acquitting or exonerating the contemnor, is appealable to the division bench under Section 19 of the Contempt of Courts Act, 1971. Such an order can...
RTI Act: CIC Upholds Denial Of Information On Blocking Of 'X' Accounts Covering Farmers' Protests And Those Critical Of Government
Disposing of an appeal moved by a RTI applicant against denial of information pertaining to blocking of 'X' accounts covering "farmers' protests and those critical of the government", the Central Information Commission said that the response of the Public Information Officer (PIO) was "appropriate and well within the precincts of the RTI Act". Chief Information Commissioner Heeralal Samariya...
Bail Should Not Be Granted Ordinarily In Serious Offences Like Rape & Murder Once Trial Starts: Supreme Court
The Supreme Court has observed that in serious offences like murder, rape, dacoity etc., bail applications of the accused should not be ordinarily entertained by the Trial Courts and the High Courts."Ordinarily in serious offences like rape, murder, dacoity, etc., once the trial commences and the prosecution starts examining its witnesses, the Court be it the Trial Court or the High Court...
Can NCDRC Technical Member Sitting Singly Preside Over Bench? Supreme Court To Consider
The Supreme Court recently stayed proceedings in a consumer case pending before the National Consumer Disputes Redressal Commission, on challenge to an order passed therein by a Technical Member alone.A bench of Justices Dipankar Datta and Sandeep Mehta granted stay upon hearing Senior Advocate Trideep Pais for the appellant, who contended that the impugned order suffered from the vice of...
S. 148 NI Act | Signatory Of Cheque Issued By Company Can't Be Directed To Pay Compensation For Suspension Of Sentence : Supreme Court
The Supreme Court recently reiterated that the official signatory of the company does not assume the status of a 'drawer of a cheque' to attract the liability for payment of compensation under Section 148 of the Negotiable Instruments Act, 1881 (“N.I. Act”). The Court clarified that liability for payment of compensation as well as deposit to suspend the sentence pending the appeal could...
'You're A Corrupt Person' : Supreme Court Says While Reserving Order On Ex-WB Minister Partha Chatterjee's Bail Plea In Money Laundering Case
The Supreme Court today reserved order on the bail petition filed by former West Bengal Education Minister and now MLA Partha Chatterjee in the money laundering case arising out of the West Bengal cash-for-jobs scam.A bench of Justices Surya Kant and Ujjal Bhuyan heard the matter.Additional Solicitor General SV Raju, for the Enforcement Directorate, opposed the grant of bail citing the role...
Supreme Court Issues Notice On Senior Advocate's Plea To Quash FIR Alleging That He Took Rs. 7 Crore From Client To Influence Judges
The Supreme Court on Monday (December 2) issued notice in an SLP filed by senior advocate Vedula Venkataramana seeking to quash an FIR registered against him for allegedly taking Rs. 7 Crores from a client to influence high court judges for favourable outcome in a case.A bench of Justice Abhay Oka and Justice Augustine George Masih issued notice in the SLP against the judgment of the...
Plaintiff Seeking Specific Performance Of Agreement To Sell Must Also Show Availability Of Funds : Supreme Court
The Supreme Court recently upheld the High Court's decision denying Specific Relief to the plaintiff because he was not able to prove his readiness and willingness to perform the contract. The bench comprising Justice JB Pardiwala and Justice R Mahadevan observed that for the contract to be concluded, the plaintiff shall not only aver about his readiness and willingness to perform the...
NGT Cannot Outsource Its Opinion To Committees & Base Its Decision On Such Opinions : Supreme Court
The Supreme Court recently criticised the National Green Tribunal for 'outsourcing' its opinion to a committee and basing its opinion only on the findings of the committee."The NGT is a tribunal constituted under the National Green Tribunal Act of 2010. A tribunal is required to arrive at its decision by fully considering the facts and circumstances of the case before it. It cannot outsource...
1984 Anti-Sikh Riots: Supreme Court Urges Punjab Govt To Consider Relief For 39 Families Unable To Prove They're Genuine Riot Victims
The Supreme Court recently directed the Punjab State to explore the possibility of providing alternative accommodation to 39 families occupying flats in SAS Nagar Mohali Phase-XI for the last 40 years, meant for the 1984 anti-Sikh riots victims, as they do not have red cards given to identify the genuine victims of the riots. A special leave petition has been filed claiming that 39 families...