CrPC or BNSS?: The Tug of War Around July 01, 2024
by Aditya Mukherjee* and Jayati Sinha**
Supreme Court
[Kolkata Rape and Murder case] Supreme Court directs Ministry of Health to open portal for stakeholders to submit suggestions before Task Force committee
In the earlier order, the Supreme Court directed CBI to file a status report on the progress in the investigation of the crime at RG Kar Medical College Hospital on 22-08-2024. The State of West Bengal was also directed to file a status report by 22-08-2024 on the progress of the investigation on the acts of vandalism which took place at the Hospital in the aftermath of the incident.
Non-fixation of cut-off marks for persons with disability under Overall Horizontal Reservation does not violate Fundamental Rights: SC
Supreme Court said that the reservation for the Persons with disabilities has been treated as Horizontal Reservation i.e. the reservation under Clause (1) of Article 16, and not the Vertical reservation i.e. the reservation under Clause (4) of Article 16 of the Constitution of India.
“Bail is the rule, Jail is an exception” Supreme Court reiterates; Grants conditional bail to person accused under UAPA
The Court took serious note of distortions in the chargesheet vis-a-vis attributing certain statements to the protected witness, which he did not make, stating that NIA owes an explanation, and the investigating machinery must be fair.
SC issues contempt notice to Manipur Chief Secretary over service continuity & consequential benefits to re-appointed MPSC officers
“In the event, the candidates who were already appointed on the basis of results of the main examination conducted in September, 2016, if successful in the re-conducted main examination in terms of this order, they would be given continuity of service and consequential benefits upon being appointed against the concerned posts.”- Supreme Court’s direction
Default borrowers, served with look out circular by MHA at the instance of Public Sector Banks, to seek permission from HC to travel abroad: Supreme Court
“The applications before the High Court, seeking permission to travel abroad shall be considered and disposed of expeditiously.”
Supreme Court sets aside Calcutta HC verdict advising adolescent girls to control sexual urge
The High Court advised the female adolescent, to control sexual urge/urges as in the eyes of society she is the looser when she gives in to enjoying the sexual pleasure of hardly two minutes.
[Kolkata Rape and Murder case] Supreme Court orders constitution of National Task Force to give recommendations on modalities ensuring safety at workplace
Supreme Court said that as more and more women join the work force, the nation cannot wait for another rape for things to change on the ground.
[Sikmi Rights] Supreme Court directs Tehsildar to carry out measurement of disputed property; Maintains status quo
Supreme Court clarified that if there is any attempt by the parties to obstruct the revenue authorities or the local police from complying with our directions, suitable action will be taken against them.
NRJ Series| Evidence of related eyewitness can be accepted without corroboration [(1953) 2 SCC 604]
This report covers the Supreme Court’s Never Reported Judgment, on related eyewitness, dating back to the year 1953.
[Detention Under COFEPOSA] SC disposes of challenge against Delhi HC’s decision quashing detention orders for being infructuous by efflux of time
The question of law which revolved around right of making representation being seriously jeopardized as detenus were supplied with various documents as parts of relied upon documents (‘RUDs’) which are illegible, incomplete and not readable violating Article 22 (5) of the Constitution of India read with Section 3 (3) of COFEPOSA Act, was kept open.
Supreme Court designates 39 new Senior Advocates
The newly designated Senior Advocates have been designated with effect from 14-08-2024.
Know Thy Judge |Supreme Court of India: Justice P.V. Sanjay Kumar
Justice PV Sanjay Kumar is a sitting Judge of the Supreme Court of India. He has formerly served as the Chief Justice of Manipur High Court and as Judge of Punjab & Haryana High Court as well as Andhra Pradesh High Court.
Judgment on States’ power to levy tax on mining and mineral-use activities to apply retrospectively from 2005: Supreme Court
On 25-07-2024, the Supreme Court in 8:1 majority held that royalty paid by mining operators to the Central government is not a tax and that States have the power to levy cesses on mining and mineral-use activities. Whereas, Justice BV Nagarathna gave a dissenting opinion.
Supreme Court issues notice to CBI on Arvind Kejriwal’s bail plea
Delhi Chief Minister Arvind Kejriwal was denied interim bail in CBI matter. The CBI arrested him on 26-06-2024, while he was in judicial custody in ED’s matter.
[Patanjali Misleading Ads Case] Supreme Court drops contempt charges against Baba Ramdev and Acharya Balkrishna
In February 2024, the Court imposed a temporary ban on misleading advertisements and issued contempt of court notices to Baba Ramdev and Acharya Balkrishna.
SC issues notice on tenant’s plea concerning his right to receive notice of demolition u/S. 400 of KMC Act after regularisation; Stay on demolition continues
Supreme Court initially took up this matter on 6-08-2024 and stayed the demolition of the subject premises of petitioner till 9-08-2024.
SC quashes NDPS case against man falsely implicated in 1.75 Kg ganja dealing after 4 years due to lack of evidence
The investigation against the accused was initiated as the main accused had named him but later it was discovered that it was a false accusation, as wife of the main accused had some disputes going on with accused person’s wife, hence, he was falsely implicated.
Know Thy Judge | Supreme Court of India: Justice J.B. Pardiwala
A 4th generation lawyer, Justice Jamshed Burjor Pardiwala assumed office as Judge of the Supreme Court of India on 09-05-2022 and is in line to become the Chief Justice of India in 2028. Justice Pardiwala is expected to serve a two-year and three months term as Chief Justice of India from 03-05-2028 to 11-08-2030.
Supreme Court acquits persons accused in 13-year-old murder case as prosecution fails to establish guilt convincingly
While exercising jurisdiction under Article 136 of the Constitution, the Court does not interfere with the concurrent findings recorded by the courts below, until and unless the evidence has not been properly appreciated, material aspects have been ignored and the findings are perverse.