Minister/Public Servant Can File Private Complaint Alleging Defamation; Need Not Follow Special Procedure U/Sec 199 (2) & (4) CrPC : Supreme Court

The Supreme Court observed that a minister or public servant (a person covered by Section 199(2)) can file a private complaint alleging defamation and need not follow the special procedure prescribed by Section 199(2) & (4) CrPC."The special procedure is in addition to and not in derogation of the right that a public servant always has as an individual. He never lost his...

Supreme Court Reserves Order In Plea Of Aroon Purie, Former India Today Chief Editor, To Quash Criminal Defamation Case

The Supreme Court on Monday reserved its order in the petition filed by Aroon Purie, founder-director of India Today group challenging the criminal defamation complaint filed over a 2007 news article "Mission Misconduct" in India Today magazine. The bench orally remarked that while it will granting relief to Aroon Purie (who was the Chief Editor of the India Today publications at the time...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [October 10 –16, 2022]

Administrative Law - Accountability - Three essential constituent dimensions. (i) responsibility, (ii) answerability and (iii) enforceability. (Para 33-35) Vijay Rajmohan v. State, 2022 LiveLaw (SC) 832 Central Sales Tax Act 1956 - Court directed the state of Andhra Pradesh to transfer to Jharkhand the amount of central sales tax deposited by Tata Motors with respect to the sale of...

Promissory Estoppel Would Not Apply Against The Exercise Of Legislative Powers Of The State : Supreme Court

The Supreme Court observed that the doctrine of promissory estoppel would not apply against the exercise of legislative powers of the State.In this case, the High Court of Delhi, dismissed writ petitions filed by Hero Motocorp and Sun Pharma Laboratories Ltd. who claimed 100% budgetary support in lieu of the pre-existing 100% outright excise duty exemption for ten years from the date of...

Recovery Of Weapon Used By Accused To Commit Offence Is Not A Sine Qua Non For Conviction : Supreme Court

The Supreme Court reiterated that the recovery of the weapon used by the accused to commit the offence is not a sine qua non for conviction.In this case, the accused were tried and convicted in a murder case. It was the prosecution case that owing to animosity between the friend of the accused, they had killed the deceased. The Madras High Court later acquitted the accused by allowing...

Bail Orders Should Be Short And Crisp: Supreme Court

The Supreme Court on Monday orally remarked that bail orders should be short and crisp and consist of only two to four pages.A Division Bench of Justices Sanjay Kishan Kaul and Abhay Shreeniwas Oka further said that in a bail matter, the other aspects need not be gone into, in excruciating detail. The court was hearing a Special Leave Petition moved by Union Territory of Jammu and...

BREAKING| President Appoints Justice DY Chandrachud As Next Chief Justice Of India

The President of India has appointed Justice Dhananjaya Y Chandrachud as the Chief Justice of India with effect from November 9, 2022. Justice Chandrachud will take over as the 50th Chief Justice of India after the retirement of the incumbent CJI UU Lalit. The outgoing CJI UU Lalit had recommended the name of Justice Chandrachud as his successor on October 11. As the CJI, Justice Chandrachud...

Courts Should Not Sit Over Commercial Wisdom Of General Body Of Cooperative Society : Supreme Court

The Supreme Court observed that the Courts should not sit over the commercial wisdom of the General Body of the Cooperative Society as an Appellate Authority.The bench of CJI UU Lalit, Justices S. Ravindra Bhat and JB Pardiwala observed that the Co-operative Society is to function democratically and the internal democracy of a society, including resolutions passed in accordance with the Act,...

Supreme Court Dismisses Plea Seeking Minority Status For Smartha Brahmins In Tamil Nadu

The Supreme Court on Monday dismissed a plea which sought a declaration that Smartha Brahmins living in Tamil Nadu who follow Advaitha philosophy are a minority.A bench comprising Justices Krishna Murari and S Ravindra Bhat dismissed the petition challenging the Madras High Court's judgment which held that Smartha Brahmins do not constitute a religious denomination.The counsel for the...

Delhi Minister Satyendra Jain Withdraws Plea In Supreme Court Challenging Transfer Of Case To Another Judge

Delhi Minister Satyendra Kumar Jain has withdrawn the petition filed by him in the Supreme Court challenging the Delhi High Court order which upheld the transfer of his bail plea in a PMLA case to another court. Jain's counsel Vivek Jain Advocate on Record withdrew the matter so as to pursue the bail remedy expeditiously. Last week (October 11), a bench comprising Justices MR Shah and...

Supreme Court Dismisses Kerala Govt Challenge Against Lease Of Thiruvananthapuram Airport To Adani Enterprises Ltd

The Supreme Court on Monday dismissed the petitions filed by the State of Kerala and certain employees union challenging the decision of the Airport Authority of India(AAI) to lease out the management of Thiruvananthapuram International Airport to Adani Enterprises Limited(AEL).A bench comprising Chief Justice of India UU Lalit and Justice Bela M Trivedi dismissed the special leave...

Lakhimpur Kheri Case : Supreme Court Grants 2 Weeks Time To UP Govt To File Counter In Ashish Mishra's Bail Plea

The Supreme Court on Monday granted two weeks time to the State of Uttar Pradesh to file a counter-affidavit to the petition filed by Ashish Mishra, the son of Union Minister Ajay Kumar Mishra, seeking regular bail in the Lakhimpur Kheri violence case.A bench comprising Justices BR Gavai and BV Nagarathna was considering the petition filed by Mishra challenging the July 26 order of the...