Writ Court can’t compel filing of charge-sheets or fix rigid trial timelines; it may affect Investigating Officers’ discretion: Supreme Court
A litigant cannot be placed in a worse position merely for having approached the court.
Justice Satish Chandra Sharma
State Police or its specialised agency can investigate Prevention of Corruption Act offences against Central Government Employees: Supreme Court
“The Vigilance and Anti-Corruption Bureau (VACB) is also a wing of State Police. The offences under the PC Act are also cognizable and can, therefore, be investigated by the State Police or VACB.”
S. 3 Judges (Inquiry) Act 1st proviso doesn’t negate individual authority of Parliament; Art. 32 remedy confined only to fundamental rights enforcement: SC
“Constitutional safeguards for Judges cannot come at the cost of paralysing the removal process itself. The first proviso must, therefore, be construed to balance prescribed protection with the effective functioning of the mechanism for removal of a Judge from office triggered by the peoples’ representatives, and not to frustrate it altogether.”
Landowners in Joint Development Agreement not “Consumer”; May approach Civil Court: SC upholds NCDRC’s order
Supreme Court granted liberty to the appellants to institute a civil suit with entitlement to claim exemption from limitation under Order VII Rule 6 CPC read with the Limitation Act, 1963.
What prompted Supreme Court to direct day-to-day hearing in Ajmer Sharif blast case
The Court issued specific direction to the Trial Court to expedite the hearing… particularly when the petitioner is languishing under incarceration for more than 8½ years.
Know Thy Judge | Supreme Court of India: Justice Satish Chandra Sharma’s remarkable career trajectory & notable judgments
Following a meticulous assessment of the qualifications, integrity, capabilities and giving due consideration to a range of factors, the President appointed Justice Satish Chandra Sharma as Judge of the Supreme Court of India on 9-11-2023.
NCDRC cannot travel beyond pleadings and build a new case: Supreme Court sets aside order in medical negligence case; directs Rs 10 lakh refund to doctor
The complaint case categorically asserted that the nursing home was ‘inadequately and ill equipped’ to handle emergencies during deliveries. There were no allegations that the antenatal care and management of Obstetrician/Gynaecologist, were deficient in any manner.
“Procedure is not supposed to control justice”; SC restores conviction & sentence of men who raped a minor girl in 2016
“It is always a matter of utter failure for the system when a culprit, that too of a heinous sexual offence, manages to walk free by entangling the victim in misapplication of procedural rules, without the knowledge of the victim and without any control of the victim”.
Authority empowered to inflict minor penalties, under CCS CCA Rules, can issue charge sheet even for imposition of major penalties: Supreme Court
As per Appendix 3 appended to CCS CCA Rules, the Member Telecommunications Commission is a competent authority to impose major penalties, and the General Manager, Telecommunications, is competent to impose minor penalties.
Circumstantial Evidence | Inability to explain certain situations can’t be made a basis to relieve prosecution from discharging its primary burden: SC
“The subsequent acts of cleaning up the crime scene and making false enquiries amount to disappearance of evidence and raise grave suspicion against the convict. However, mere suspicion, no matter how grave, cannot take the place of proof in a criminal trial”.
‘Non-disclosure of past government service can’t be a ground for discharge’: Supreme Court reinstates woman Civil Judge
Supreme Court emphasised on the necessity of women’s participation in the judiciary and said that country will greatly benefit from a judicial force that is competent, committed and most importantly, diverse.
Contempt of Court | SC delivers split verdict on acceptance of unconditional apology by errant Advocates; Matter to be placed before CJI
While Justice Bela M. Trivedi took a stern note of the actions of the errant advocates, Justice Satish Chandra Sharma accepted the unconditional apology.
Only arguing counsel appearing physically and assisting counsel will be recorded in appearance; Senior Advocate shall not appear without AOR: Supreme Court
“A right of an Advocate to appear for a party and to practice in the Courts is coupled with the duty to remain present in the Court at the time of hearing, and to participate and conduct the proceedings diligently, sincerely, honestly and to the best of his ability. Rights and duties are two sides of the same coin, and they are inherently connected with each other.”
Explained | Supreme Court’s spilt verdict on a Christian man’s appeal to bury deceased father in his native village
Given the lack of consensus between the Judges, the Court exercising its power under Article 142 directed the appellant to perform the funeral rites and bury his deceased father at the burial ground at another village.
‘Acts of accused were too remote and indirect to constitute offence under S. 306 IPC’; SC quashes proceedings against mother accused of abetting suicide of son’s girlfriend
“A remark such as asking the deceased to not be alive if she cannot live without marrying her lover will also not gain the status of abetment. There needs to be a positive act that creates an environment where the deceased is pushed to an edge in order to sustain the charge of Section 306 IPC.”
SC grants interim protection from arrest to former IAS trainee Puja Khedkar
Puja has been accused of cheating and wrongly availing Other Backward Classes (‘OBC’) and disability quota benefit under the Persons with Benchmark Disabilities (‘PwBD’) category in the sub-category of visual impairment.
Know Thy Judge | Justice Satish Chandra Sharma – Supreme Court of India
Following a meticulous assessment of the qualifications, integrity, capabilities and giving due consideration to a range of factors, the President appointed Justice Satish Chandra Sharma as Judge of the Supreme Court of India on 09-11-2023.
We dissent! Here’s why 3 out of 7 Supreme Court Judges ruled against AMU’s minority status
“To assume that the minorities of the country require some ‘safe haven’ for attaining education and knowledge is wholly incorrect. The minorities of the country have not just joined the mainstream but comprise an important facet of the mainstream itself.”
Supreme Court overturns Patna HC Order postponing bail implementation for six months
“This is one of the few orders we have come across in last few days passed by the High Court, in which, without deciding the matter on merits, the High Court has granted the bail to the accused, subject to the condition that he shall furnish the bail bonds after six months of the passing of the order.”
SC acquits all 7 persons convicted in 1985 murder & abduction case as reasonable doubts strike prosecution case’s foundations
The Court emphasised that in order to reverse a finding of acquittal, a higher threshold is required. The presumption of innocence operating in favour of an accused throughout the trial gets concretized with a finding of acquittal by the Trial Court.