Bar Of Want Of Sanction [U/S 195(1) (a) CrPC] Can’t Be Invoked When Probe Is Ordered By HC
The Supreme Court, in CBI vs M Sivamani, held that bar under Section 195(1)(a) IPC cannot be pressed into service when an investigation is ordered by a high court into a specified offence mentioned in Section 195 IPC.
No Overt Act Of Assault Required To Establish Common Intention
The Supreme Court, in Rajkishore Purohit vs State of Madhya Pradesh, observed that there need not be an overt act or possession of weapon to establish common intention, if common intention by meeting of minds is established in the facts and circumstances of the case.
First Appellate Court Has To Do More Than Just Quoting Passages From Trial Court Judgment While Dismissing Appeal
While setting aside a judgment of a high court for being devoid of reasoning, the Supreme Court in U Manjunath Rao vs U Chandrashekar, observed that a first appellate court, while dismissing an appeal, cannot just quote passages from the trial court judgment and thereafter, pen a few lines and express the view that there is no reason to differ with the trial court judgment, but it has to elucidate, analyse and arrive at the conclusion that the appeal is devoid of merit.
HC Can’t Upset Concurrent Findings On Facts Merely Because Another View Is Possible
Setting aside a high court judgment for having exceeded its jurisdiction, the Supreme Court, in Gandhe Vijay Kumar vs Mulji @ Mulchand, reiterated that the court, while exercising revisional jurisdiction, is only expected to see only whether the findings of the court below are illegal or perverse in the sense that a reasonably informed person will not enter such a finding.
Noida Land Allotment Scam: Conviction Of Former UP Chief Secretary Neera Yadav Upheld, Sentence Reduced
The Supreme Court on Wednesday upheld conviction of former UP Chief Secretary Neera Yadav and former IAS officer Rajiv Kumar in Noida land allotment scam that took place between 1993 and 1995.
Bottling Of LPG Gas Amounts To ‘Production’ For Purpose Of I-T Deductions
The Supreme Court, in Commissioner of Income Tax – 1, Mumbai vs Hindustan Petroleum Corporation Ltd, upheld the Income Tax Appellate Tribunal’s finding that the activity of filling of cylinder with compressed LPG gas amounts to ‘production’ for the purposes of Sections 80HH, 80-I and 80-IA of the Income Tax Act.
Contemnor Has To Be Given Chance To Establish His Innocence: Lawyer’s Conviction Set Aside
Setting aside conviction of a lawyer for contempt of court, the Supreme Court observed that there could not be a conviction based solely on allegations and the contemnor has to be given an opportunity to establish his innocence.
SC Sets Standards For Fire-crackers
In the ongoing case of Arjun Gopal v Union of India and others, the Supreme Court bench of Justices Madan B.Lokur and Deepak Gupta, on Monday directed that no fire-crackers shall contain polluting substances such as, antimony, lithium, mercury, arsenic and lead in any form whatsoever. The court made it clear that it is the responsibility of the Petroleum and Explosive Safety Organisation (PESO) to ensure compliance, particularly in Sivakasi, the hub of fire-crackers manufacturers, many of whom were arraigned as respondents before the Court in Arjun Gopal v Union of India.
SC Allows Remarried Woman To Continue With Her Job Which She Got As Compassionate Appointment
The Supreme Court upheld a Rajasthan High Court order which, instead of terminating the service of remarried lady who got into service under compassionate employment scheme, had directed that 50% of her salary should be paid over to her children for their sustenance.
SC Asks UoI To Revisit National Mineral Policy
In an important judgment, the Supreme Court asked the Central government to revisit the National Mineral Policy, 2008, and announce a fresh and more effective, meaningful and implementable policy within the next few months before the end of this year.
Selection Procedure Prescribed Through Executive Valid If It Doesn’t Conflict With Rules
The Supreme Court, in Karnati Ravi vs Commissioner Survey Settlements and Land Records, held that in the matter of selection and appointment, instructions pertaining to the procedure of selection can be provided by the Executive as long as they do not come in conflict with the rules.
SC Stays Allahabad HC’s Order Against UP Advocate General, Seeks His Personal Presence
Supreme Court of India stayed the Allahabad High Court Order summoning Chief Secretary in a case and rebuking States’s Advocate General Raghvendra Singh for not appearing in the case despite repeated calls. The High Court had gone to the extent of asking the Chief Minister to look into the matter, while strongly reprimanding the AG for his conduct.
SC Declines Cong’s Plea To Stay ‘NOTA’ Option In Rajya Sabha Polls In Gujarat
In a major setback to the Congress party, the Supreme Court on Thursday refused to stay the ‘NOTA’ option in the Rajya Sabha (RS) election to three seats in Gujarat on a plea by Shailesh Manu Bhai Parmar, Congress chief whip in the state, against the Assembly Secretary’s order to include NOTA for the election set to held on August 8.
SC Comes To The Rescue Of Aspiring Judge Who Blamed Delayed Application On Speed Post Services
The Supreme Court recently came to the rescue of a man whose aspiration to become a Judge came to a standstill when his application was rejected by Madhya Pradesh High Court on the ground of delay in receiving it.
Decide On The Regularization Of Payment Of Salaries In Private Engineering Colleges
The Supreme Court on Monday directed the All India Council for Technical Education (AICTE) to decide on the issue of regularizing and ensuring timely payment of salaries in private engineering colleges in India.
SC Laments “Disturbing Trend” Of Long Interim Orders In IPR Suits; Demands Report From Delhi HC Registrar
The Supreme Court on Monday lamented the “disturbing trend” of long interim orders in suits concerning intellectual property rights. The issue attracted the Court’s attention in a Petition challenging an order passed by the Delhi High Court in March this year. Having read the order, the Apex Court noticed that the order was essentially a decision on the merits of the case, despite the fact that it was an interim order.
Recognition of Medical Colleges: MCI Oversight Committee Recommendations Can’t Be Overlooked: SC Tells Centre
While observing that the oversight committee recommendations cannot be disregarded, the Supreme Court directed the Central Government to consider afresh materials on record pertaining to the issue of confirmation or otherwise of the letter of permission granted to the colleges/institutions, which was earlier cancelled by the government.
SC Permits Maudany To Attend Son’s Wedding In Kerala
The Supreme Court on Monday allowed Bangalore blast accused and People’s Democratic Party Chairman Abdul Nazar Maudany , lodged in a Bangalore jail to travel to Kerala to attend his son’s wedding.
SC Raps K’taka Govt For Asking Rs. 14.80 Lakh As ‘Security Bill’ For Maudani
The Supreme Court on Thursday rapped the Karnataka government for asking Rs. 14.80 lakh to provide escort to People’s Democratic Party (PDP) leader and accused in the Bengaluru blast case Abdul Nasser Maudani.
SC Allows 10 Overseas MBBS Aspirants To Participate In Counseling For Admission
The Supreme Court allowed 10 MBBS aspirants, who are Overseas Citizens [OCI card-holders] and have passed NEET, to participate in the second counseling to MBBS/BDS course to be held this August 17.
“This May Involve A Little Bit of Give And Take”, SC Tells Parties In A 30-Year Old Partition Dispute
The Supreme Court bench of Justices Madan B. Lokur and Deepak Gupta, on Thursday advised parties to a dispute over a partition suit filed in 1988, to opt for amicable settlement.
Hadiya Case: Notice To Hadiya’s Father, State Of Kerala, NIA
A Bench of Chief Justice of India (CJI) J S Khehar and Justice DY Chandrachud issued notice in an appeal against Kerala High Court Judgment in Hadiya Case which nullified the marriage of an adult woman converted to Islam, with a Muslim man, in a habeas corpus petition filed by her father.
SC Ban On Cattle Markets Within 20 Km Of Indo-Bangla Border
The Supreme Court on Friday directed the Centre to ensure that there are no cattle markets within 20 kilometres of 4,096 Km long India-Bangladesh border and give specific directions to the four states sharing border with that country.
SC Slaps Rs. 25,000-fine On Centre For Failure To File Affidavit On Steps Taken To Prevent, Compensate Sexual Assaults
The Supreme Court, in the case of Nipun Saxena vs Union of India, slapped a fine of Rs. 25,000 on the Centre for its failure to file an affidavit on the steps taken to prevent and compensate sexual assaults.
Filling Up Of Police Vacancies: SC Permits States To Submit Roadmaps Within 10 Days
The Supreme Court bench of the Chief Justice J.S.Khehar and Justice D.Y.Chandrachud on August 4, granted the States, and Union Territories which have not so far filed their affidavits, to do so within ten days, in a part-heard matter, in which petitioner, Manish Kumar, seeks prompt filling up huge number of vacancies in police departments in various States.
Committee Constituted To Oversee Fencing on Indo-Bangladesh Border
The Supreme Court bench of Justices Ranjan Gogoi and Rohinton Fali Nariman, on July 31, set up a committee to oversee the border fencing work on the Indo-Bangladesh border including the riverine portion thereof. The members of the committee include G.K.Pillai, I.A.S.(Retd.) who will function as the Chairman and D.K.Pathak, IPS (Former DG, Border Security Force) and Prof.Abdul Mannan (Retd. Professor of Gauhati University) as Members.