Bringing you the Best Analytical Legal News
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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While summarising the principles for altering conviction under Section 304 Part I of the IPC to Section 304 Part II of the IPC, the Supreme Court highlighted the difference between ‘guilty intention’ and ‘guilty knowledge’.
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In the case at hand, PVVNL had argued that the rights of electricity suppliers were not subordinate and subject to the ‘priority of claims’ mechanism under the IBC.
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The direction came in a contempt petition filed by Common Cause NGO which argued that the BCI was not taking steps to prevent advocates from going on strikes.
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Supreme Court held that not putting a quietus to the prolonged dispute at hand, spanning 38 years, on something as simple as tenancy issue, would be a travesty of justice.
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“A prominent market in the heart of the capital city is attacked and we may point out that it has not been dealt with the required degree of promptitude and attention. To our great dismay, we are forced to observe that this may be due to the involvement of influential persons.”
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Supreme Court Collegium took note of factors like Seniority, Merit, Integrity, Diversity & Inclusion while recommending the names of Justice Ujjal Bhuyan and Justice S Venkatanarayana Bhatti for elevation.
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The Supreme Court reminded the High Courts and the Sessions Courts not to be unduly swayed by submissions advanced by counsel on behalf of the accused in the nature of undertakings to keep in deposit/repay any amount while seeking bail in Cheating cases.
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The PIL sought setting up of a National Commission for Men, similar to the National Commission for Women, to address issues of domestic violence suffered by married men.
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The month of June was a vacation month for the Supreme Court. The Vacation Benches, nevertheless, assembled to pass some orders in important and urgent matters. The retiring judges of the Supreme Court also delivered some important judgments. This roundup covers reports on these judgments and orders and some special posts on the Judges, the Never reported Judgments, interesting cases from SCC Archives, and more.
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Gujarat High Court had rejected Regular Bail plea of Civil Rights Activist Teesta Setalvad and had directed her to surrender immediately.
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In a 106 pages long verdict, the Supreme Court has decided whether a credit note issued by a manufacturer to a dealer of automobiles in consideration of the replacement of a defective part, using spare parts from dealer’s own stock or from an open market, in the automobile sold pursuant to a warranty agreement being collateral to the sale of the automobile, will be exigible to sales tax.
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In the case at hand, the Delhi High Court had referred the disputes for arbitration without conclusively deciding the issue of the existence and validity of an arbitration agreement and had left it to be decided by the arbitral tribunal.
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The Supreme Court set aside the Karnataka High Court verdict wherein it was held that the State failed in its obligation to inform the respondent about the existence of the vacancy that has arisen.
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“The huge and unexplained delay of over 60 years in initiating dispute with regard to the ownership of the land, and the criminal case being lodged only after failure to obtain relief in the civil suits, coupled with denial of relief, reeked of malafide on the part of the complainant.”
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“The survival of an orderly society demands the extinction of the life of persons like Ranga and Billa who are a menace to social order and security. They are professional murderers and deserve no sympathy even in terms of the evolving standards of decency of a maturing society.”
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