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This report covers the Supreme Court’s Never Reported Judgment, on corroboration of retracted confession, dating back to the year 1954.
Justice (Retd.) K. Ramakrishnan of Kerala High Court has been appointed as Administrative Head to conduct the election for the administration and management of the temple and its allied institutions, in a free and fair manner. There were serious disputes in administering and managing the temple and its institutions by the Administrative Head appointed by the Kerala High Court.
The PIL raised concerns that members of Internal Complaints Committee (ICC) [constituted under Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013] do not have protection from arbitrary and retaliatory actions such as arbitrary termination at private workplaces.
Supreme Court remarked that it was unclear why the Judge of the High Court, despite reserving judgment 14 months ago, had not delivered the judgment or disposed of the petition.
“Though the Government adopts systematic approach in handling the legal issues and preferring the petitions/applications/appeals well within the time, due to the fault on the part of the officials in merely communicating the information on time, huge revenue loss will be caused to the Government exchequer.”
In its previous order, the Supreme Court had directed that Stage-IV of the Graded Response Action Plan, which was implemented to tackle the severe air quality situation in Delhi, remain in force until at least December 2, 2024.
Bose has been provided with ‘X’ category security since 10-04-2019 because of the perception of threat, both on account of his enmity with the TMC’s sitting MP Kalyan Banerjee due to matrimonial feud as well as his alliance with the party at the Centre (BJP).
Top criminal cases on quashing of proceedings, arrest, bail, acquittal, and more.
Supreme Court observed that ED had ample time to file the counter affidavit.
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.
“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”
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.
“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.”
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.
“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.”
“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.”
“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.
This report covers the Supreme Court’s Never Reported Judgment, on commutation of sentence, dating back to the year 1954.
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.
The Chief Justice of India Sanjiv Khanna remarked- “In the meantime, peace and harmony must be maintained.”