Editor, Author at SCC Times

Watali Judgment not a precedent to deny bail to UAPA accused in long incarceration with no end to trial in sight: SC

In Zahoor Ahmad Shah Watali v. National Investigating Agency, 2018 SCC OnLine Del 11185, the accused under various provisions of IPC and UAPA was released on bail by the High Court, conducting a mini trial and determining admissibility of certain evidence which clearly exceeded the limited scope of a bail proceeding, hence, the Supreme Court in NIA v. Zahoor Ahmad Shah Watali, (2019) 5 SCC 1, cancelled the said grant of bail.

Case Briefs Supreme Court

Supreme Court rules on Court’s power under Section 151 CPC to recall insufficiently stamped instrument admitted and exhibited as evidence

Should the Court find the instrument to be chargeable with duty, but it is either not stamped or is insufficiently stamped, it is bound by Section 33 of the Karnataka Stamp Act, 1957 to impound the same. Section 34 also places a fetter on the Court’s authority to admit an instrument which, though chargeable with duty, is not duly stamped.

Case Briefs Supreme Court

Reservation for transgender persons in admissions and public appointments: SC seeks response from 3 States and 5 UTs by 31 August

In National Legal Services Authority v. Union of India, (2014) 5 SCC 438, the Court directed the Centre and State Governments to treat transgender persons as ‘Socially and Educationally Backward Classes’ of citizens and extend reservation in admission in educational institutions and for public appointments.

Case Briefs High Courts

Touching private part with penis amounts to aggravated penetrative sexual assault under POCSO Act; Meghalaya HC upholds man’s conviction for raping 4-yr-old girl

“When the testimony of the victim child inspires the confidence of the Court and is found to be reliable, there is no necessity to look for other corroborations.”

Case Briefs Supreme Court

Supreme Court directs BMW to pay Rs. 50 lakhs to consumer for defective vehicle

The Telangana High Court’s order quashing the cheating case against BMW was upheld and the direction for the replacement of the old defective vehicle with a new vehicle was set aside.

Justices S Ravindra Bhat and Satish Chandra

Case Briefs Supreme Court

Supreme Court forms Committee of Justices S Ravindra Bhat, Satish Chandra to auction assets of Company liable to refund Rs. 4,700 crores

The Committee shall identify the number of investors and database of investors, and also determine the amount to be refunded to each investor. An Escrow Account with a bank designated by SEBI, shall be opened and all sale proceeds shall be deposited in that interest-bearing account.

Hot Off The Press News

Supreme Court refuses to quash CBI disproportionate assets case against Karnataka Deputy CM DK Shivakumar

Income Tax Authorities conducted a raid at DK Shivakumar’s house and allegedly recovered Rs.8,59,69,100/- and CBI registered an FIR for offence punishable under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988.

Case Briefs High Courts

‘Citizen’s Charter would be a pioneering influence in BMC’s initiatives’; Orissa HC directs introduction of Charter for timely public services

“Information and Facilitation Counters, Public Grievance Cells are the basic ingredients for materializing the citizen’s charter and should be set up along with new software for public grievance redress and monitoring system to enable a centralised system of redressal and monitoring.”

Case Briefs Supreme Court

Non-deployment of air bags, hump heating, defective car: A complete breakdown of SC verdict directing Mercedes to pay Rs. 36 lakhs to buyer

“People do not purchase the high-end luxurious cars to suffer discomfort more particularly when they buy the vehicle keeping utmost faith in the supplier who would make the representations in the brochures or the advertisements projecting and promoting such cars as the finest and safest automobile in the world.”

Know thy Judge

Know Thy Judge | Justice Chandra Dhari Singh: A symbol of Perseverance and Legal Brilliance

Justice C.D. Singh, who hails from Sultanpur is a first-generation lawyer and has established a name for himself in the legal fraternity for his tenacity. Justice C.D. Singh’s journey from an advocate to a Judge of Allahabad High Court and later Delhi High Court, has made him a symbol of perseverance and dedication for anyone who aspires to succeed in law.

Case Briefs Supreme Court

Supreme Court grants interim bail to Arvind Kejriwal in PMLA case; refers question of arrest by ED to larger bench

“Any undue indulgence and latitude to the ED will be deleterious to the constitutional values of rule of law and life and liberty of persons. An officer cannot be allowed to selectively pick and choose material implicating the person to be arrested. They have to equally apply their mind to other material which absolves and exculpates the arrestee.”

Case Briefs Supreme Court

Comprehensive breakdown of the Supreme Court Verdict on Divorced Muslim women’s right to seek maintenance under Section 125 CrPC

In the case at hand, the husband had argued that in view of the Muslim Women (Protection of Rights on Divorce) Act, 1986, a divorced Muslim woman is not entitled to maintain a petition under Section 125 of the CrPC and has to proceed under the provisions of the 1986 Act.

Case Briefs Supreme Court

‘Establishment, extension of jurisdiction, superintendence of DSPE vests with GOI’; West Bengal’s suit alleging misuse of CBI by Union maintainable: Supreme Court

The State of West Bengal had challenged the CBI’s action of registering Suo moto cases for offences that occurred within its territory without any direction from the competent court or prior consent by the State.

Hot Off The Press News

Divorced Muslim woman can seek maintenance under Section 125 CrPC: Supreme Court

Case Briefs Supreme Court

[WB Universities VC Row] SC appoints former CJI UU Lalit as head of committee for appointment of VCs

The Chairperson has been authorized to constitute separate or joint SearchcumSelection Committees for one or more Universities, keeping in view the nature of subjects/disciplines.

Case Briefs High Courts

[Reinstating employee of unsound mind] Meghalaya HC dismisses Assam rifleman’s reinstatement plea who shot co-employee

The Rifleman was accused of missing from his service with his weapon and firing three rounds on his co-employee, injuring his right knee, right side of neck and lower abdomen.

Case Briefs Supreme Court

Supreme Court issues guidelines on portrayal of persons with disabilities in visual media, films

“Words cultivate institutional discrimination. Terms such as “cripple” and “spastic” have acquired devalued meanings in societal perceptions about persons with disabilities. They contribute to the negative self-image and perpetuate discriminatory attitudes and practices in society.”

Case Briefs High Courts

Orissa HC sets aside wife’s conviction u/s 302 for setting husband ablaze with kerosene for lack of clinching evidence

“A very careful, cautious and meticulous appreciation of evidence is necessary when the case is based on circumstantial evidence, the prosecution must elevate its case from the realm of ‘may be true’ to the plane of ‘must be true’.”

Hot Off The Press News

SC issues notice on CBI’s plea against Surendra Koli’s acquittal in Nithari Killings

Last year, in October, the Allahabad High Court had acquitted Surendra Koli and Moninder Singh Pandher in the Nithari Killings matter and set aside their death sentences.

Case Briefs Supreme Court

Live location Bail Condition enabling police to constantly track movements and virtually peep into private life of accused cannot be imposed: SC

The Court was considering whether a bail condition requiring an accused to share Google Maps Pin with the investigating officer to access his location violates right to privacy guaranteed under Article 21 of the Constitution.