Supreme Court upholds protection from arrest for accused in Rs 6,000 Crore Ponzi Scam, Cites ED’s delay in responding to notice
Supreme Court observed that ED had ample time to file the counter affidavit.
Supreme Court
Supreme Court stays Gujarat HC’s contempt proceedings against judicial officer
The husband of one of the Judicial Officers alleged that she along with another Judicial Officer and Public Prosecutor violated the guidelines laid down in the Arnesh Kumar case; and that he was illegally arrested from his residence at off hours, pursuant to matrimonial matter.
Supreme Court issues directives on the role of public prosecutors and legal aid counsels to safeguard fairness and fundamental rights in criminal trials
“The right of the accused to defend himself in a criminal trial is guaranteed by Article 21 of the Constitution of India. He is entitled to a fair trial. But if effective legal aid is not made available to an accused who is unable to engage an advocate, it will amount to infringement of his fundamental rights guaranteed by Article 21”
Supreme Court Roundup November 2024 | Material Resources of Community; AMU Verdict; Unilateral Appointment of Arbitrators; Bulldozer Action; Yamuna Expressway; and more
November 2024 saw significant developments in the Supreme Court, with the elevation of Justice Sanjiv Khanna as the 51st Chief Justice of India; and landmark rulings on material resources of the community and minority status of AMU.
Presumption under Section 20 PCA does not require bribe amount to be ‘substantial’; Operates only when there is no nexus between demand and action: SC
“But, when the fact of receipt of payment or an agreement to receive the gratification stands proved, there is a clear case of nexus or corroboration and the presumption itself is irrelevant. Section 20 gets attracted when it is proved that the public servant has accepted or agreed to accept any gratification other than legal remuneration and, in that case, presumption is that it is the motive or reward for any of the acts covered under Section 7, 11 or 13(1)(b) of the Act.”
Farmers Protest| Supreme Court asks farmers’ leader Jagjit Singh Dallewal not to obstruct highways or cause inconvenience to public
Supreme Court emphasized that while peaceful protests are a fundamental right in a democracy, there must be a sense of responsibility when engaging in such protests.
SC denies retrospective promotion and notional benefits to superannuated employee under Rule 54(1)(a) of WB Service Rules
“Promotion only becomes effective upon the assumption of duties on the promotional post and not on the date of occurrence of the vacancy or the date of recommendation.”
Sale certificate to auction purchaser is mere evidence of title & does not require registration under S. 17(1) of Registration Act: SC reiterates
“Mere filing under Section 89(4) of the Registration Act itself is sufficient when a copy of the sale certificate is forwarded by the authorised officer to the registering authority. As long as the sale certificate remains as it is, it is not compulsorily registrable. It is only when the auction purchaser uses the certificate for some other purpose that the requirement of payment of stamp duty, etc. would arise.”
Refusal to marry in a relationship does not amount to criminal liability for abetment of suicide: Supreme Court
“To convict a person for abetment of suicide under Section 306 IPC, there has to be a clear mens rea on the part of the accused to abet such a crime and it requires an active act or a direct act leading to the commission of suicide.
NRJ Series | When SC commuted death sentence to transportation for life after finding High Court’s confirmation to be based on subjective feelings and not positive evidence [(1954) 2 SCC 227]
This report covers the Supreme Court’s Never Reported Judgment, on commutation of sentence, dating back to the year 1954.
Supreme Court upholds land acquisition for Yamuna Expressway; Justifies Invocation of Urgency Clause
Supreme Court directed that a 64.7% enhancement in compensation would apply in rem, ensuring that uniform benefits would be provided to all affected landowners under the present land acquisition process.
SC asks Trial Court to defer hearing till Sambhal Mosque Survey Order is challenged before HC
The Chief Justice of India Sanjiv Khanna remarked- “In the meantime, peace and harmony must be maintained.”
Supreme Court stays Madras HC decision reviving DA case against former TN CM O Panneerselvam
While holding the posts of Revenue Minister and Chief Minister of the State during 2001, he was accused of accumulating properties and pecuniary resources that were disproportionate to his known sources of income.
Supreme Court to explore long-term solutions for Delhi’s air pollution; GRAP IV measures to remain in force till December 2
Graded Response Action Plan (GRAP) is a framework designed to take specific actions based on the level of air quality, with Stage IV being one of the highest stages involving stricter measures such as restrictions on non-essential activities, halting certain industrial operations, and enhancing public health advisories.
[S. 14 HSA] ‘Right to maintenance’ is sufficient for ripening possession into full ownership if property is given in lieu of maintenance: SC reiterates
“Hindu Women’s right to maintenance is not by virtue of any statute, but is found in Shastric Hindu law; maintenance has to be proper, appropriate and adequate, giving the woman so maintained the ability to continue to live the life, similar to what she once lived.”
Unilateral Appointment of an Arbitrator: The Lack of Clarity in the Judicial Approach and the Way Forward
by Shalaka Patil† and Surbhi Shah††
Land allocation at basic rates to privileged groups is ‘capricious’ and ‘irrational’; SC strikes down land allotment policy favoring Judges, MPs, MLAs, and Journalists in Hyderabad
“Government servants, elected legislators, Judges in the Supreme Court and High Court, and prominent journalists do not belong to the “weaker” or per se deserving sections of our society, warranting special State reservations to land allotment.”
[Illegal felling of trees] Supreme Court calls for census of existing trees in Taj Trapezium Zone
The Supreme Court also emphasized that there needs to be a mechanism for keeping a vigil to ensure that there is no unauthorised felling of trees.
[Delhi Air Pollution] Supreme Court orders CAQM to consider allowing physical classes in Schools
This directive came in response to an application filed by the parents of some students seeking the reopening of schools.
NRJ Series| Spontaneous utterances by deceased, immediately after shooting, falls squarely within Section 6 illustrations (a) of Evidence Act; If believed, can be acted without corroboration [(1954) 2 SCC 214]
This report covers the Supreme Court’s Never Reported Judgment, on Section 6 of Evidence Act, 1872, dating back to the year 1954.