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Supreme Court Half Yearly Digest 2024 - Constitution of India
Article 12 & 226 – Maintainability of Writ Petition – 'State' or 'Other Authority' – The respondent employer, Air India Limited (AIL) after its disinvestment ceased to be a State or its instrumentality within the meaning of Article 12 of the Constitution of India – The writ petitions were maintainable on the date of institution but whether they continued to be maintainable as on...
'CAG Report Can't Be Accepted As Decisive' : Supreme Court Quashes Corruption Charges Against Karnataka EMTA Coal Mines Ltd
The Supreme Court on August 23 quashed two orders passed by the Special Judge, CBI framing charges in a corruption case against the appellants including Karnataka EMTA Coal Mines Ltd.In this case, the appellants filed criminal appeals under Article 136 of the Indian Constitution in light of directions passed by the Supreme Court in Manohar Lal Sharma v. Principal Secretary and Anr...
Can Alimony Be Granted When Marriage Is Declared Void Under Hindu Marriage Act? Supreme Court To Consider
The Supreme Court is set due to consider the issue whether alimony can be granted where the marriage has been declared void. The bench of Justices Vikram Nath and PB Varale noted that there have been conflicting views by the decisions of various division benches in interpreting the applicability of Sections 24 and 25 of the Hindu Marriage Act, 1955 (HMA) and a bench comprising 3 Judges be set...
When Non-Renewal Of Employee's Contract Is For Disciplinary Reasons, Formal Enquiry Is Necessary : Supreme Court
The Supreme Court on Thursday emphasized that mere non mention of background situation in a termination order does not make it non-stigmatic and the court can look into the context to determine the true nature of the termination order.“the form of an order is not its final determinant and the Court can find out the real reason and true character behind terminating/removing an employee”,...
High Time Police Officers Are Given Training On Distinction Between 'Cheating' & 'Criminal Breach Of Trust' : Supreme Court
The Supreme Court on Friday (Aug. 23) suggested that police officers across the country should be imparted proper training in law to understand the fine distinction between the offences of cheating and criminal breach of trust. “It is high time that the police officers across the country are imparted proper training in law so as to understand the fine distinction between the offence...
7th Anniversary Of Puttaswamy Judgment : Analysing Impact Of Privacy Right Declaration
Seven years ago, on 24th August 2017, 9 judges of the Supreme Court of India declared that the right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and is a part of the freedoms guaranteed by Part III of the Constitution. The genesis of the above declaration was a batch of writ petitions filed in 2012 in the Supreme Court challenging...
Is Sanction Under PC Act Necessary For Court To Direct Investigation Under S.156(3) CrPC? Supreme Court To Consider
The Supreme Court on Friday (August 23) pondered whether a prior sanction under the Prevention of Corruption Act 1988 (PCA) would be required for a Magistrate to direct an investigation into cognisable offences by a public servant relating to PCA under S.156(3) of CrPC.The bench of Justices JB Pardiwala and Manoj Misra was hearing the challenge by the former Chief Minister B.S....
SC/ST Act | No Bar On Anticipatory Bail Unless Prima Facie Offence Is Made Out: Supreme Court
The Supreme Court on Friday (August 20) held that that the bar to anticipatory bail under Section 18 of the SC and ST (Prevention of Atrocities) Act, 1989 is not attracted unless a prima facie case under the Act is made out against the accused.“If on a prima facie reading of the materials referred to in the complaint and the complaint itself, the ingredients necessary for constituting...
Mere Insult To SC/ST Member Not Offence Under SC/ST Act Unless Intent Was To Humiliate Based On Caste Identity : Supreme Court
The Supreme Court on Friday (August 20) held that mere insult of a member of a Scheduled Caste (SC) or Scheduled Tribe (ST) is not an offence under the SC and ST (Prevention of Atrocities) Act, 1989 unless the accused had the intention to humiliate based on caste identity.“all insults or intimidations to a member of the Scheduled Caste or Scheduled Tribe will not amount to an offence under...
'He Comes Out & You Immediately Put Him Behind Bars' : Supreme Court To TN Govt On Savukku Shankar's Detention
The Supreme Court today (August 23) heard the challenge to the 16 FIRs filed against YouTuber Savukku Shankar over an online interview. The bench of Justices JB Pardiwala and Manoj Misra adjourned the hearing allowing some time to the State of Tamil Nadu to file additional documents pertaining to the case. "This is the same matter where you are after this man. He comes out and you immediately...
Supreme Court Orders CBI Inquiry Into Alleged Illegalities In Chandigarh Police's Arrest Of Dentist
The Supreme Court has, through its order dated August 06, ordered CBI to conduct a preliminary enquiry into allegations against Chandigarh police for alleged illegalities in the arrest of Chandigarh-based dentist Mohit Dhawan. The Bench of Justices Sudhanshu Dhulia And Ahsanuddin Amanullah was hearing a petition filed by the Union Territory of Chandigarh against Punjab and Haryana...
Supreme Court Asks Police Chiefs To Take Action Against Erring Officials For Arrests In Violation Of S.41/41A CrPC & SC Guidelines
The Supreme Court recently directed that every Magistrate and Sessions judge to inform its jurisdictional Principal District judge about any form of non-compliance by the police in following the arrest guidelines laid down in the Satender Kumar Antil's case within 1 week of recording such non-compliance.The reports regarding the non-compliance should ultimately be forwarded to the Head of...