Bringing you the Best Analytical Legal News
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.
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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.
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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.
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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.
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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.
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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.
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The Supreme Court deprecated the practice of depositions of material witnesses not being placed on record.
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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.
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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.
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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
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“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.”
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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.
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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.
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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.
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“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.”
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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”.
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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.
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“Preserving the sanctity of a court as a space where justice is administered and the rule of law upheld being non-negotiable, it is critical that judicial institutions take comprehensive steps to safeguard the well-being of all stakeholders.”
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In the case at hand, the Subject land was assigned to landless Scheduled Caste/Scheduled Tribe persons for the purpose of cultivation in 1960s who then transferred the land to a third party for consideration, violating the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977.
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The Calcutta High Court had upheld the suspension of the licence of a medical practitioner who was found guilty of contempt of Court.
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