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Supreme Court issues guidelines on portrayal of persons with disabilities in visual media, films
[NEET UG 2024] Supreme Court to determine to what extent the exam was compromised before retest call
[WB Universities VC Row] SC appoints former CJI UU Lalit as head of committee for appointment of VCs
Acquittal
Supreme Court discharges man accused of criminal conspiracy for his cashier’s custodial death
In a criminal appeal filed by the accused charged with the custodial death of his cashier/accountant (‘deceased’) under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’), against the dismissal of an application for discharge under Section 227 CrPC, passed by the Allahabad High Court, the division bench of CT Ravikumar and Sudhanshu Dhulia, JJ. while setting aside the impugned order, has discharged the accused, and said that a few bits here and a few bits there, on which the prosecution may rely, are not sufficient to connect an accused with the commission of the crime of criminal conspiracy. Read more
Bail
Live location Bail Condition enabling police to constantly track movements and virtually peep into private life of accused cannot be imposed: SC
In a special leave to appeal against the Delhi High Court’s decision imposing condition for granting interim bail to a Nigerian national, accused under the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’), the Division Bench of Abhay S Oka* and Ujjal Bhuyan, JJ. while examining that whether a bail condition requiring an accused to share Google Maps pin with the investigating officer to access his location violates right to privacy, said that there can’t be a bail condition enabling the police to constantly track the movement of the accused on bail. Read more
Watali Judgment not a precedent to deny bail to UAPA accused in long incarceration with no end to trial in sight: SC
In a criminal appeal against decision of Allahabad High Court, wherein the bail application of the accused person/ appellant for offences under Sections 489-B and 489-C of the Penal Code, 1860 (‘IPC’) and under Section 16 of the Unlawful Activities (Prevention) Act, 1967 (‘UAPA’) was dismissed, the Division Bench of JB Pardiwala and Ujjal Bhuyan*, JJ. taking note of nine long years of imprisonment and following Union of India v. K.A. Najeeb (2021) SCC Online SC 50 set aside the impugned decision and directed to release the accused on bail. Read more
Read why Supreme Court granted bail to Ashish Mishra in Lakhimpur Kheri violence case
In a matter concerning Lakhimpur Kheri violence case relating to the killings in October 2021, when vehicles of Ashish Mishra’s convoy allegedly ran over a group of farmers who were protesting the new farm laws, the division bench of Surya Kant and Ujjal Bhuyan, JJ. has granted bail to Ashish Mishra and other co accused persons, subject to certain conditions. Read more
Power to grant interim stay of operation of bail order can only be exercised in exceptional cases: Supreme Court
In a criminal appeal concerning the power of the High Court or Sessions Court to grant an interim order of stay of operation of an order granting bail till the disposal of the application for cancellation of bail under Section 439(2) of the Code of Criminal Procedure, 19731 (‘CrPC’), the division bench of Abhay S. Oka* and Augustine George Masih, JJ. while setting aside the impugned orders has held that in an application made under Section 439(2) of the CrPC or other proceedings filed seeking cancellation of bail, the power to grant an interim stay of operation of order to bail can be exercised only in exceptional cases when a very strong prima facie case of the existence of the grounds for cancellation of bail is made out. While granting a stay of an order of grant of bail, the Court must record brief reasons for concluding that the case was an exceptional one and a strong prima facie case is made out. Read more
Supreme Court grants interim bail to Arvind Kejriwal in PMLA case; refers question of arrest by ED to larger bench
In a criminal appeal by Chief Minister of Delhi and AAP’s leader Arvind Kejriwal challenging his arrest by the Directorate of Enforcement (‘ED’) under the
Company Law
Supreme Court forms Committee of Justices S Ravindra Bhat, Satish Chandra to auction assets of Company liable to refund Rs. 4,700 crores
In a criminal writ petition seeking issuance of writ of mandamus or any direction directing the Securities and Exchange Board of India (‘SEBI’) to liquidate the attached assets within a period of six months, the Division Bench of Surya Kant and KV Viswanathan, JJ. constituted a high-powered sale committee comprising of Justice S. Ravindra Bhat, Former Judge, Supreme Court of India, as Chairperson and Dr. Justice Satish Chandra, Former Judge, High Court of Allahabad as Member to oversee auction of assets of a company undergoing liquidation liable to refund Rs. 4700 crores to investors and against liabilities. Read more
Constitutional Law
Army Welfare Education Society not “State”; Service dispute between its educational institution & employees cannot be adjudicated in writ petition: Supreme Court
In appeals filed against the judgment and order passed by the Uttaranchal High Court, wherein the Court upheld the Single Judge decision that Army Welfare Education Society (‘AWES’) is “State” under Article 12 of Constitution and a service dispute involving a private educational institution and its employees can be adjudicated upon in a writ petition filed under Article 226 of the Constitution, the Division Bench of J.B. Pardiwala* and Manoj Misra, JJ. while setting aside the impugned judgment, held AWES is not “State” under Article 12 of Constitution and that even if the function being performed by a private educational institution in imparting education may be considered as a public function, the relationship between the administration of such an institution and its employees remains a contractual one, falling within the ambit of private law. Read more
Consumer Law
Non-deployment of air bags, hump heating, defective car: A complete breakdown of SC verdict directing Mercedes to pay Rs. 36 lakhs to buyer
In a batch of criminal appeals posing a common question of law, that whether the purchase of a vehicle/good by a Company for the use/personal use of its directors would amount to purchase for “commercial purpose” within the meaning of Section 2(1)(d) of the Consumer Protection Act, 1986 (now re-enacted as Consumer Protection Act, 2019), the Division Bench of Bela M. Trivedi* and Pankaj Mithal, JJ. held that the same cannot be restricted in a straitjacket formula and it has to be decided on case-to-case basis. To determine whether the goods purchased by a person (which would include a legal entity like a company) were for a commercial purpose or not, within the definition of a “consumer” as contemplated in Section 12 2(1)(d) of the said Act, would depend upon facts and circumstances of each case. Read more
Supreme Court directs BMW to pay Rs. 50 lakhs to consumer for defective vehicle
In a set of two criminal appeals by State of Andhra Pradesh and the second by the GVR India Projects Limited/ complainant against Telangana High Court’s decision, whereby criminal proceedings against manufacturer, Managing Director and other directors of manufacturer/BMW India Private Limited were quashed, the three Judge Bench of Dr. Dhananjaya Y Chandrachud, CJI, JB Pardiwala and Manoj Misra, JJ. directed the manufacturer to pay Rs. 50 lakhs as compensation, in full and final settlement of the dispute. Read more
Conviction and Sentence
SC sentences couple to 6-month simple imprisonment; calls ‘Imprisonment till rising of Court’ a flea-bite sentence for a serious offence of Bigamy
In a criminal appeal filed by the husband against the judgment passed by the Madras High Court, to the extent it imposed only a flea bite sentence for the conviction of the accused wife for the offence under Section 494 of the Penal Code, 1860 (‘IPC’) (Section 223 BNSS). and confirmed the acquittal of the parents of the wife, the division bench of C.T. Ravikumar* and Sanjay Kumar, JJ. has held that imposition of sentence of ‘imprisonment till the rising of the court’ upon conviction for an offence under Section 494 IPC, on them was unconscionably lenient or a flea-bite sentence. Thus, the Court modified the sentence to six months each, making the nature of the sentence as simple imprisonment for the said period. The Court also modified the fine from Rs. 20,000/- each to Rs. 2,000/- each, as originally awarded by the Trial Court. Read more
Supreme Court upholds conviction of police guard who murdered relative inside police station over wife’s affair
In a criminal appeal against Delhi High Court’s decision, wherein the conviction and sentence of the convict for offences under Sections 302 and 307 of the Penal Code, 1860 (‘IPC’) by the Trial Court was upheld, the Division Bench of Sudhanshu Dhulia* and Rajesh Bindal, JJ. dismissed the appeal and refused to interfere with the impugned decisions, calling the matter at hand a clear case of murder. Read more
Practice and Procedure
Supreme Court rules on Court’s power under Section 151 CPC to recall insufficiently stamped instrument admitted and exhibited as evidence
In a civil appeal against a decision of the Karnataka High Court, whereby the respondent’s petition under Article 227 of the Constitution of India was allowed and set aside the order of the Additional Senior Judge-III, wherein, the respondent was directed to pay the deficit stamp duty, along with the penalty, as required for a power of attorney under Article 41(eb) of the Schedule to the Karnataka Stamp Act, 1957, the Division Bench of Dipankar Datta* and Pankaj Mithal, JJ. allowed the appeal and restored the Trial Court’s decision. The Bench appreciated that the Trial Court passed an order in exercise of its inherent power saved by Section 151 of the Code of Civil Procedure, 1908 (‘CPC’), to do justice as well as to prevent abuse of the process of Court. Read more
Service Law
Candidate scoring minimum qualifying marks with no work experience will still be eligible to be appointed as City Manager under UDHD: Supreme Court
In an appeal challenging the validity of the judgment passed by the Patna High Court, whereby the Division Bench of the Court dismissed both the appeals and refused to interfere with the judgment and passed by the Single Judge, pertaining to the issue of the selection and appointment to the post of City Manager under the Urban Development and Housing Department, Government of Bihar, the division bench of Vikram Nath and Prasanna Bhalachandra Varale, JJ. , while upholding the impugned judgment has held that as respondent 1 received 32.14 per cent, above the minimum qualifying marks of 32 per cent, as per the advertisement. Therefore, Bihar Staff Selecton Commision (‘BSSC’) were not right by denying her a place on the merit list. Read more
[Menstrual Leave Policy] Supreme Court asks Union Govt. to consult all stakeholders on model policy
In a writ petition filed invoking jurisdiction under Article 32 of the Constitution of India for directing the Union Government, the States and the Union Territories to implement policies for the grant of menstrual leave to women under the Maternity Benefit Act, 1961, the Three Judge Bench of Dr. DY Chandrachud, CJI, J.B. Pardiwala and Manoj Misra, JJ. requested the Secretary in the Union Ministry of Women and Child Development to look into the matter at a policy level, after due consultation with all stakeholders, both at the Union and the State levels. Read more
Reservation
Reservation for transgender persons in admissions and public appointments: SC seeks response from 3 States and 5 UTs by 31 August
In a contempt petition alleging absence of effective reservation policy for the transgender persons, even after the pronouncement of the National Legal Services Authority v. Union of India, (2014) 5 SCC 438, the three Judge Bench comprising of Dr. DY Chandrachud, CJI, J.B. Pardiwala and Manoj Misra, JJ. sought response from three States and five Union Territories. Read more
Specific Relief
Not mandatory for plaintiff in specific performance suit to seek cancellation of subsequent sale deed executed by seller in favour of informed third party: SC
The Division Bench of Abhay S. Oka* and Sanjay Karol, JJ. held that where Section 19(b) of the Specific Relief Act, 1963 is applicable, under the decree of specific performance, the subsequent purchasers can be directed to execute the sale deed along with the original vendor and that there is no necessity to pray for the cancellation of the subsequent sale deeds. Read more
Requirement of proficiency in State’s local language for appointment in District Judicial Service is valid: Supreme Court
In a civil writ petition challenging the condition imposed by the Public Service Commissions of the various States such as Punjab, Karnataka, Maharashtra and Odisha, the three Judge Bench of Dr. DY Chandrachud, JB Pardiwala and Manoj Misra, JJ. held that the requirement of obtaining proficiency in the language of the State for appointment to the District Judicial Service is a valid requirement. Read more
Quashing of FIR/ Withdrawal of Prosecution
Supreme Court sets aside withdrawal of prosecution of MLA accused of double murder in broad daylight
In a criminal appeal highlighting the alarming trend where cases, particularly those involving influential figures, face significant delays, obstructing the administration of justice, the division bench of Vikram Nath* and Satish Chandra Sharma, JJ. while emphasizing the paramount importance of ensuring progression of the trial without further delay, set aside the withdrawal of prosecution of accused, an MLA, as allowed by the Trial Court. Further, the Court asked the High Court to ensure that justice is not further delayed or compromised- due to political influence or any other extraneous factors. Read more
Supreme Court Collegium Recommendations
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Supreme Court Collegium recommends extension of term for 9 Additional Judges of Calcutta High Court
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Supreme Court Collegium recommends appointment of Chief Justices for 7 High Courts
Know Thy Judges
