Top Stories
S 156(3) & 202 CrPC : Supreme Court Explains Differences Between Powers Of Magistrate At Pre-Cognizance & Post-Cognizance Stages
In a recent judgment(Kailash Vijayvargiya v. Rajlakshmi Chaudhuri and others), the Supreme Court bench comprising Justices MR Shah and Sanjiv Khanna explained the distinction between the power of a Magistrate to direct registration of an FIR and investigation at a pre-cognizance stage under Section 156(3) of the Criminal Procedure Code, 1973 (CrPC), and the proceedings under Chapter...
Including Live-In & Same-Sex Couples Under Surrogacy Act Might Lead to Misuse: Centre to Supreme Court
Inclusion of live-in couples and queer couples within the ambit of the Surrogacy Act would open the scope of ‘misuse’ of such facilities and it would be difficult to ensure the best future for the child born through surrogacy, the Centre has told the Supreme Court. In an additional affidavit filed on behalf of the Union of India and the Indian Council of Medical Research,...
Supreme Court Dismisses ED’s Challenge To Bail Granted To Former Mumbai Police Commissioner Sanjay Pandey In Phone Tapping Case
The Supreme Court, on Monday, dismissed a plea filed by the Directorate of Enforcement challenging the order of the Delhi High Court granting bail to former Mumbai Police Commissioner Sanjay Pandey in a money laundering case related to the alleged illegal phone tapping of employees by National Stock Exchange (NSE).A Bench comprising Justice SK Kaul and Justice Ahsanuddin Amanullah found no...
Manipur Violence | High Court Doesn't Have Power To Direct State Government To Recommend A Tribe For ST List, Remarks Supreme Court
The Supreme Court on Monday orally remarked that the High Court of Manipur did not have the remit to direct the state government to recommend a tribe for the Scheduled Tribes List. The remark came while a bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala was hearing the matters pertaining to the ongoing unrest in the State of Manipur. The bench was...
Supreme Court Seeks Report From Allahabad High Court On Status Of Judgment Reserved In Criminal Appeal Since August 2022
On Monday, the Supreme Court directed the Registrar of the Allahabad High Court to forthwith file a report on status of a criminal appeal filed in 2014 that has been awaiting pronouncement by the High Court since August 2022.The bench of Justice Sanjay Kishan Kaul and Justice Ahsanuddin Amanullah said that,“The Registrar of the Allahabad High Court is directed to forthwith send a report to...
Supreme Court Rejects Bail Plea Of Former UP MLA Kamlesh Pathak In Gangster Act Case
The Supreme Court, on Monday, refused to entertain the bail plea filed by former Uttar Pradesh Legislative Assembly member Kamlesh Pathak in the Gangster Act Case registered against him. Pathak approached the Apex Court challenging the order of the Allahabad High Court denying bail.While dismissing the Special Leave Petition, the Bench comprising Justice KM Joseph and Justice BV Nagarathna...
Air India Urination Case: Supreme Court Issues Notice To DGCA In Victim's Plea Seeking Guidelines Against Passenger Misconduct
The Supreme Court today issued notice to the Director General of Civil Aviation (DGCA) in the plea filed by the 72-year-old victim in the Air India urination incident who has sought directions to the DGCA and Airline companies to lay down SoPs and regulations to deal with incidents of passenger misconduct on board. The matter was listed before a bench comprising CJI DY Chandrachud, Justice...
Supreme Court Issues Corrigendum Regarding Vacation Benches [Read About Updated List]
The Supreme Court of India on Monday issued a corrigendum with respect to the composition of the benches that will hear cases during the summer vacation commencing from Monday, May 22 to Sunday, July 2. The only changes are with respect to the inter se ordering of the benches in two particular slots (May 22 - May 28, and June 26 - July 2), depending on the seniority of the presiding...
Supreme Court Quarterly Digest On Indian Penal Code 1960 [ Jan-Mar 2023]
Penal Code, 1860 - Constitutional Courts can impose fixed term sentence even in cases where death penalty was not proposed - "Even in a case where capital punishment is not imposed or is not proposed, the Constitutional Courts can always exercise the power of imposing a modified or fixed-term sentence by directing that a life sentence, as contemplated by “secondly” in Section 53 of the...
Supreme Court Reserves Order In Petition Challenging Promotion Of District Judges In Gujarat
The Supreme Court, on Monday, reserved order in a petition challenging the recommendations for the promotion of the District Judges in Gujarat. After hearing Senior Advocate, R Basant appearing for the petitioners; Advocate, Nikhil Goel, appearing for the Gujarat High Court; Senior Advocate, Dushyant Dave and Senior Advocate, Meenakshi Arora appearing on behalf of the other respondents, a...
40% Of Litigation By Centre & States Unnecessary & Frivolous: Supreme Court
The Supreme Court on Monday orally expressed its disapproval over the central and the state governments’ practice of filing ‘frivolous’ and ‘unnecessary’ appeals. Justice BR Gavai said: “Forty per cent of litigation by the union and the state governments are unnecessary. We heard a case today over a former employee receiving Rs 700 extra per month. Over this, the...