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1993 Bombay Blasts Case : Supreme Court Dismisses CBI's Plea For Police Custody Of 4 Accused Arrested After 29 Years
The Supreme Court on Tuesday dismissed a special leave petition moved by the Central Bureau of Investigation (CBI) seeking further police custody remand of Abu Baker and three other persons accused of conspiracy behind the 1993 Bombay Blasts.A Bench of Justices UU Lalit, Ravindra Bhat and Sudhanshu Dhulia dismissed the matter.The State of Maharashtra through the DIG of CBI moved the...
Section 37 NDPS Act - "Credible & Plausible" Grounds To Believe Accused Is Not Guilty Required To Grant Bail : Supreme Court
The Supreme Court observed that the expression "reasonable grounds" used in Section 37(1)(b) under NDPS Act would mean credible, plausible grounds for the Court to believe that the accused person is not guilty of the alleged offence. The court also said that, under Section 37 NDPS Act, bail cannot be granted merely on the ground that nothing was found from the possession of the accused.The...
Why Should We Not Stay Recovery Proceedings Till FEMA Appellate Tribunal Starts Functioning? Supreme Court Asks Centre
The Supreme Court, on Tuesday, asked the Union Government why should the Court not pass orders directing the recovery proceedings in all matters before the FEMA Appellate Tribunal to be stood over till the time it starts functioning. A Bench comprising Justices Sanjay Kishan Kaul and M.M. Sundresh noted that earlier it had posed the same query to Mr. Vikramjit Banerjee,...
'Make A Choice' : Supreme Court Rejects Plea To Reschedule Judicial Examinations In Bihar, MP & Rajasthan Which Are Clashing
The Supreme Court, on Tuesday, refused to entertain pleas seeking the Court's indulgence in issuing directions to Rajasthan, Bihar and Madhya Pradesh High Courts to conduct their respective Judicial examinations in such a manner, that they do not coincide. One of the pleas sought quashing of notification issued by the Madhya Pradesh High Court scheduling the Online Preliminary...
Supreme Court Stays HC Direction That Delhi Private Schools Must Fill Up Backlog EWS Seats In Next 5 Yrs
The Supreme Court, on Tuesday, stayed the operation of the order of the Delhi High Court, which had asked Delhi Government to make every endeavour to ensure that private schools fill up the backlog of unfilled seats for Economic Weaker Section (EWS) category students in the next five years. Considering that the High Court had sought a compliance affidavit from the Government of NCT...
BREAKING| Supreme Court Protects Nupur Sharma From Coercive Action In All FIRs Over Remarks On Prophet Mohammed
In an interim relief to former BJP Spokesperson Nupur Sharma, the Supreme Court on Tuesday directed that no coercive steps be taken against her in the multiple FIRs registered in several states over her remarks on Prophet Mohammed during a television channel debate on May 26.The Court said that the same relief will cover any future FIR or complaint which may be registered or entertained...
Pan-India Issue Does Not Mean High Courts Should Not Hear & Only Supreme Court Should Hear : SC In Agnipath Case
The Supreme Court on Tuesday refused to transfer to itself the petitions filed in various High Courts and instead transferred the petitions filed before it to the Delhi High Court, where similar matters are pending.A bench comprising Justices DY Chandrachud, Surya Kant and AS Bopanna also said that the High Courts considering similar petitions should either give an option to the petitioners...
Earlier Suit Dismissed On Technical Grounds Without Adjudication On Merits Would Not Operate As Res Judicata: Supreme Court
The Supreme Court observed that an earlier suit which was dismissed for technical reasons would not operate as Res Judicata.In this case, the Plaintiff temple filed a suit in 1981 for appointment of the receiver for preparing an inventory of the suit jewellery. This suit was not decided on merits but was dismissed on the ground that the plaintiff had prayed for mandatory injunction and had...
Supreme Court Weekly Digest WIth Nominal And Subject/Statute Wise Index - (July 11 -July 17, 2022)
Arbitration and Conciliation Act, 1996; Section 34, 37 - It would not be open for the court in the proceedings under Section 34 or in the appeal under Section 37 to modify the award, the appropriate course to be adopted in such event is to set aside the award and remit the matter. (Para 40) National Highways Authority of India v. P. Nagaraju @ Cheluvaiah, 2022 LiveLaw...
'Double Presumption Available In Favour Of Accused After Acquittal' : Supreme Court Restores Acquittal In Murder Case
The Supreme Court recently restored the acquittal of an accused in a murder case, after finding fault with the High Court for reversing the trial court's order."The law presumes double presumption in favour of the accused after a due adjudication by the trial Court. We do believe that the High Court could have been slower in reversing the order of acquittal rendered by the Court of...
Dedication Of Property As Religious Endowment Can Be Inferred From Circumstances ; Express Dedication Or Document Not Required: Supreme Court
The Supreme Court observed that the dedication of a property as religious endowment does not require an express dedication or document, and can be inferred from the circumstances.Extinction of private character of a property can be inferred from the circumstances and facts on record, including sufficient length of time, which shows user permitted for religious or public purposes, the bench...