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Hasn't Laid Down That Sentence Can Be Suspended Only If Half Term Is Undergone : Supreme Court
The Supreme Court recently clarified that it has not laid down any proposition that post-conviction bail can be granted only if the convict has undergone half of the sentence.While considering a petition challenging the refusal of the Madhya Pradesh High Court to suspend sentence, the Court observed that the High Court has misunderstood its decision in Atul @ Ashutosh v. State of Madhya...
Born Christian Can't Invoke Doctrine Of Caste Eclipse For Revival Of Caste Claiming Reconversion As Hindu : Supreme Court
The Supreme Court noted that an individual born as a Christian cannot invoke the doctrine of eclipse of caste, as the caste system is not recognized in Christianity. The bench comprising Justice Pankaj Mithal and Justice R. Mahadevan clarified that the doctrine of caste eclipse applies only when a person practising caste-based religion converts to caste-less religion. In such cases,...
'Strange Facts' : Supreme Court Issues Notice To Delhi Municipal Corporation Over Demolition Of Delhi Public Library In Karol Bagh
The Supreme Court on Monday (November 25) issued show-cause notice to the Municipal Corporation of Delhi (MCD) and the owner of a building that housed the Delhi Public Library in Karol Bagh, New Delhi, regarding the demolition of the building in 2018.A bench of Justice Surya Kant and Justice Ujjal Bhuyan expressed concern over the circumstances surrounding the demolition, which occurred...
For Offence Of Rape On False Promise To Marry, Physical Relationship Must Be Shown To Be Only Based On Marriage Promise : Supreme Court
A recent Supreme Court judgment has given clarity as to when a consensual sexual relationship can amount to the offence of rape on the false promise of marriage.The Court observed that when a woman has maintained a physical relationship with a man for a long period, it cannot be said with certainty that such relationship was solely because of a promise made by the man to marry her. A woman...
Lakhimpur Kheri Violence : Supreme Court Seeks Ashish Mishra's Response On Allegations Of Threatening Witnesses
The Supreme Court today sought the response of Ashish Mishra, son of former Union Minister Ajay Mishra, on allegations of threatening witnesses in the Lakhimpur Kheri violence case related to killing of 5 persons in October 2021, when vehicles of his convoy allegedly ran over a group of farmers who were protesting against the farm laws.A bench of Justices Surya Kant and Ujjal Bhuyan passed...
S.498A IPC | Ensure Husband's Distant Relatives Aren't Over-Implicated In Exaggerated Cases : Supreme Court Cautions Courts
The Supreme Court has sounded a word of caution to the Courts to ensure that distant relatives of a husband are not unnecessarily implicated in criminal cases filed at the instance of wife alleging domestic cruelty under Section 498A of the Indian Penal Code.A bench comprising Justice CT Ravikumar and Justice Rajesh Bindal made this observation while quashing the criminal proceedings against...
National Wildlife Board Not Holding Annual Sittings, Powers Delegated To Standing Committee : Centre Tells Supreme Court
The Supreme Court yesterday admitted and fixed for final hearing a public interest litigation assailing the non-sitting of National Board for Wildlife atleast once every year in terms of Rule 4(1) of the National Board for Wildlife Rules, 2003. The hearing is scheduled to take place after 6 months.A bench of Justices Hrishikesh Roy and SVN Bhatti passed the order, upon hearing...
'Sanction Not Required For Investigation,' Jharkhand To Supreme Court In Deoghar Airport Case Against MPs Nishikant Dubey, Manoj Tiwari
The Supreme Court on Wednesday (November 27) heard State of Jharkhand's plea against Jharkhand High Court's decision to quash the FIR against BJP MPs Nishikant Dubey, Manoj Tiwari, and others in the Deoghar Airport case. A bench of Justice Abhay Oka and Justice Augustine George Masih asked the state to produce judgements to support its contention that investigation can go on without taking...
'ED Conviction Rate Is Poor, How Long Accused Can Be Kept Undertrial?': Supreme Court Asks In Ex-WB Minister Partha Chatterjee's Bail Plea
While hearing the bail petition of former West Bengal Education Minister Partha Chatterjee in a money laundering case, the Supreme Court on Wednesday (November 26) expressed concerns about keeping an accused under custody for a long period without trial.A bench comprising Justice Surya Kant and Justice Ujjal Bhuyan was hearing the petition filed by Chatterjee seeking bail in the money...
Send Advance Letters To Withdraw Cases, Will Help Bench Save Time: CJI Sanjiv Khanna
Chief Justice of India Sanjiv Khanna today (November 27) suggested that lawyers send letters in advance with requests for withdrawal of cases instead of making oral submissions when the matter is taken up.During the morning session, the Counsel appearing in a case of transfer of a family matter informed that the parties have settled their issues and now seek to withdraw the transfer...
Routine Transfer Of Cases To CBI Overburdens It, Demoralises State Police Officers : Supreme Court
The Supreme Court recently observed that routine transfer of cases from state authorities to the Central Bureau of Investigation (CBI) overburdens 'premier investigating agency' of the country and has a 'very serious demoralizing impact' on officers of the state police.The observation came while the Court was dealing with State of West Bengal's challenge to a Calcutta High Court order,...