Rather Than Caste System Being Wiped Away, Reservation System Perpetuates It Endlessly: Madras High Court

The Madras High Court opined on Wednesday that the Constituent Assembly had envisioned the reservation system to be in force only during the infancy period of Independent India, however it is now being endlessly extended through repeated amendments thereby perpetuating the caste system in the process. The Court made the observation as a footnote while dismissing the contempt of court plea...

Sexual Intercourse Or Any Sexual Act By Husband With Legally Wedded Wife Not Rape Even If It Was By Force Or Against Her Wish: Chhattisgarh HC

The Chhattisgarh High Court has discharged a man of the offence of marital rape after observing that sexual intercourse or any sexual act by a husband with his legally wedded wife is not rape even if it was by force or against her wish.However, the Court went ahead to frame charges against him under sec. 377 of IPC after observing that his act of making unnatural physical relation with the...

Solitary Offence Under Prohibition Act No Ground For Preventive Detention Under PASA : Gujarat High Court

The Gujarat High Court has held that just because a solitary offence has been registered against the appellant-detenu under the Gujarat Prohibition Act, that by itself does not have any bearing on the maintenance of public order. Quashing the detention order under the Gujarat Prevention of Anti-Social Activities Act, a Division Bench of Chief Justice Vikram Nath and Justice Biren...

1984 Anti-Sikh Riots : Medical Condition Of Sajjan Kumar Precarious, Supreme Court Told; Bail Plea Advanced

The Supreme Court today preponed the interim bail plea of ex Congress leader Sajjan Kumar, convicted in 1984 anti-Sikh Riots case for September 3, 2021. The matter was taken up on a mention made by Senior Advocate Shyam Divan who submitted that Kumar's medical condition was quite precarious. Taking note of the fact that it was not disputed that Kumar was being medically attended to,...

Supreme Court Extends Interim Order Of Status Quo On Eviction Of Over 10k Slum Dwellers In Gujarat

The Supreme Court today has extended till September 1 its interim order directing the State of Gujarat to maintain the status quo as regards the eviction of over 10000 slum dwellers till the next date of hearing. The division bench of Justice AM Khanwilkar and Justice Sanjiv Khanna in their order said, "As requested by the Learned Solicitor General of India, list this matter...

How To Exercise The Discretionary Power For Granting Bail? Principles Summarized By Supreme Court

The Supreme Court observed that seriousness of crime is an aspect to be considered while granting bail to an accused.The bench of Justices DY Chandrachud and MR Shah set aside a bail granted by the High Court to a murder accused.One Harjit Singh had approached the Apex Court against the High Court order granting bail to persons accused of murdering his father. He contended that the High...

'In All Fairness, We Expect You To Wait' : Supreme Court To West Bengal Govt On Judicial Probe Ordered Into Pegasus Issue

The Supreme Court on Wednesday observed that it expected the West Bengal Government to 'show restraint' and wait before proceeding with the judicial enquiry ordered by it into the Pegasus issue, when the Court is considering the matter.However, the Court refrained from passing any order to stay the functioning of the judicial commission constituted by the West Bengal Government, after...

Narayan Rane 'Slap' Remark- Arrest Justified, Custodial Interrogation Uncalled For: Magistrate Records While Granting Bail

A Mahad Magistrate who granted bail to Union Minister Narayan Rane last night said his arrest in an FIR for his 'slap' remark against the Chief Minister Uddhav Thackeray was "justified," however, his custodial interrogation was not necessary. Judicial Magistrate First Class SS Patil granted bail to Rane in one of the four FIRs registered against him in Maharashtra in a late-night...

Economic Criterion Cannot Be The Sole Basis For Identifying 'Creamy Layer': Supreme Court

The Supreme Court has observed that economic criterion cannot be the sole basis for identifying 'creamy layer'."..the State of Haryana has sought to determine 'creamy layer' from backward classes solely on the basis of economic criterion and has committed a grave error in doing so. On this ground alone, the notification dated 17.08.2016 requires to be set aside", the Supreme Court...

Order 39 Rule 1 CPC: Can A Defendant Seek Injunction In A Suit Filed By Plaintiff? SC Issues Notice

Can a defendant in a suit seek injunction under Order XXXIX of the Code of Civil Procedure, the Supreme Court has issued notice in a special leave petition which raised this issue.In this case, the plaintiffs, who approached the Apex Court, contended that in view of Order XXXIX Rule 1(c) CPC, a defendant cannot.Their appeals against a Trial Court order which allowed the injunction...

EPF Pension Case : Supreme Court Refers EPFO Appeals to 3-Judge Bench

A 2-judge bench of the Supreme Court on Tuesday referred to a 3-judge bench the appeals filed by Employees Provident Fund Organization and Union of India, challenging the judgments of various High Courts which quashed the Employee's Pension (Amendment) Scheme, 2014."We have said that questions that arise are whether there will be cut off date or not for the option under(Paragraph 11(3) of...

Section 167(2) CrPC - Default Bail Not Available For Not Filing Supplementary Chargesheet : Karnataka High Court

The Karnataka High Court recently said that the supplementary charge sheet is only an additional material collected against the accused persons and that the provisions of Section 167(2) of Cr. P.C, (default bail) cannot be made applicable to it."Section 167(2) of Cr.P.C., is applicable only when charge sheet is not laid down and it starts operative when accused is arrested during the course...