UAPA| 14-Days timeline for grant of sanction mandatory; Validity of sanction to be ordinarily challenged at the earliest stage: SC
The Supreme Court clarified that the observations made in this judgment shall apply prospectively.
Continue reading
Storing and watching child pornography an offence under POCSO, IT Act: Key takeaways from Supreme Court’s Landmark Verdict
The Supreme Court observed that the term “child pornography” is a misnomer that fails to capture the full extent of the crime as it can lead to a trivialization of the crime, as pornography is often seen as a consensual act between adults. It, hence, proposed a new term for the offence.
Continue reading
Supreme Court explains how Non-Signatories may be bound by Arbitration Agreements
The Supreme Court elucidated the key factors through which the intention of the parties to be bound by an arbitration agreement can be gauged.
Continue reading
When can an application for Handwriting Expert’s Opinion in Cheque Dishonour Case be rejected? Supreme Court explains
The Supreme Court was called upon to decide whether the appellant Court was right in rejecting the application of the accused seeking opinion of the handwriting expert in Cheque Dishonour case.
Continue reading
Judge vs Judge: Supreme Court transfers Fake Caste Certificates Case from Calcutta High Court to itself
The Supreme Court took suo motu cognizance of the matter and, in a special hearing on Saturday, 27.01.2024, stayed the Single Judge Bench’s order directing the handover of case papers related to the alleged issuance of fake caste certificates to the CBI, despite a division bench stay order.
Continue reading
Single Judge vs Division Bench: Supreme Court’s 5-Judge Bench stays Calcutta HC’s Single Bench order defying Division Bench stay on CBI Probe in Fake Caste Certificates Case
In the case relating to allegations of issuance of fake caste certificates, the Single Judge Bench of the Calcutta High Court had directed the handover of papers related to the case of alleged issuance of fake caste certificates to the CBI, despite the stay order of a division bench.
Continue reading
Article 370| “Whatever has been, has been…”: Justice Sanjay Kishan Kaul calls for “Truth and Reconciliation” in Kashmir
Calling for a collective understanding of the human rights violations perpetrated both by State and non-State actors, against the people of Kashmir, Justice Sanjay Kishan Kaul recommended the setting up of a Truth and Reconciliation Commission.
Continue reading
Supreme Court, in a balancing act, commutes Death Sentence to 20 Years Imprisonment in Indiscriminate Firing case that killed 6
The Supreme Court held that the Court cannot be limited only to two punishments, one a sentence of imprisonment, for all intents and purposes, of not more than 14 years and the other death.
Continue reading
‘Special Benches, Suo Motu cases’; SC issues guidelines for HCs for expeditious disposal of criminal cases against MPs and MLAs
The figures show that there are as many as 5,175 subject cases against elected MPs/MLAs pending as of November, 2022. Of these, cases that are pending for more than 5 years are as many as 2,116, which figure is more than 40% of such pendency.
Continue reading
Supreme Court suggests amending Supreme Court Rules to include E-Copies of Original Records to cut delays and adjournments
The Supreme Court deprecated the practice of depositions of material witnesses not being placed on record.
Continue reading
Is Second Petition under Section 482 CrPC maintainable on grounds available at the time of First Petition? Supreme Court determines
The Supreme Court was deciding the appeal against Allahabad High Court’s order wherein it had held that the petitioner could not continue to challenge the proceedings when he had not raised objections to the charge sheet or cognizance order in his first petition under Section 482 Cr.P.C.
Continue reading
Supreme Court Verdict on Same Sex Marriage: Breakdown of the Agreements and Disagreements
In a verbose verdict running into 366 pages, the 5-judge Constitution Bench of Dr DY Chandrachud, CJI and Sanjay Kishan Kaul, S. Ravindra Bhat, Hima Kohli, PS Narasimha, JJ wrote 4 opinions on the Same Sex Marriage matter where they agreed on some points and disagreed on others.
Continue reading
SC orders IAF, Army to pay Rs. 1.55 Crore to Veteran infected with HIV after blood transfusion at Military hospital; Centre and States to issue HIV/AIDS guidelines, welfare schemes
The Supreme Court held that the IAF and the Indian Army were vicariously liable, jointly and severally, as the former was Veteran’s immediate employer and the latter was the organization controlling and in charge of the Military Hospital
Continue reading
Supreme Court acquits Death row convicts: The 15-year-old’s brutal murder case that sparked call for code of investigation for Police to avoid technical acquittals
“It is high time that a consistent and dependable code of investigation is devised with a mandatory and detailed procedure for the police to implement and abide by during the course of their investigation so that the guilty do not walk free on technicalities, as they do in most cases in our country.”
Continue reading
Supreme Court: Unconditional apology not enough to evade punishment for contempt of court if conduct damages dignity of institution
The Supreme Court strongly criticised litigants who use ‘apology’ as a ‘potent weapon’ to evade punishment and expressed concern over the trend of courts showing excessive leniency towards those held in contempt.
Continue reading
Legitimacy alone not enough for Coparcenary Rights: Decoding Supreme Court verdict on Rights of Children from Null and Void Marriages
The Supreme Court has held that children born from Null and Void marriages would be entitled to rights in or to the absolute property of the parents and no other person.
Continue reading
“Where women are respected Gods live there”; Supreme Court cancels bail of Rajasthan MLA’s son in 15-year-old’s gang-rape case
The Supreme Court was of the opinion that the Rajasthan High Court seemed to have been primarily swayed by the delay in filing the complaint i.e. 13 months for granting bail in favour of the accused, without considering other important facts.
Continue reading
POCSO| Role of Support person in child sexual abuse cases crucial; All States must frame guidelines in this regard: Supreme Court
“Justice can be said to have been approximated only when the victims are brought back to society, made to feel secure, their worth and dignity, restored. Without this, justice is an empty phrase, an illusion.”
Continue reading
Inside the Supreme Court Verdict: How Ex-RJD MP Prabhunath Singh was Convicted in 1995 Double Murder Case
With Ex-RJD MP Prabhunath Singh’s highhandedness and the police, the public prosecutor and the Judiciary failing in their duty, the Supreme Court called the case an “exceptionally Painful Episode of Criminal Justice System”.
Continue reading
Supreme Court | Section 3(2) of Andhra Pradesh Prevention of Dangerous Activities Act, 1986 deals with delegation of powers, not detention period
Holding that Cherukuri Mani v. Chief Secretary, Government of Andhra Pradesh, (2015) 13 SCC 722 does not lay down the correct law, the Supreme Court observed that Section 3(2) has nothing to do with the period of detention.
Continue reading