Swati Maliwal Assault Case| Supreme Court grants bail to Arvind Kejriwal’s PA Bibhav Kumar
Bibhav was accused of slapping and abusing Rajya Sabha MP Swati Maliwal.
Supreme Court
[Delhi Excise Liquor Policy Case] Supreme Court grants bail to AAP’s Vijay Nair
A conspiracy was hatched by Vijay Nair along with others to get the undue benefits by circumventing the provisions of the of the excise policy of GNCTD of Delhi for the year 2021-22.
NRJ Series | Different parts of admission inseparably connected to form integral whole must be accepted or rejected as a whole [(1953) 2 SCC 560]
This report covers the Supreme Court’s Never Reported Judgment, on splitting up of admission, dating back to the year 1953.
Section 216 CrPC does not give any right to accused to file fresh application seeking his discharge post framing of charges: Supreme Court
Without mincing any words, the Court stated that the accused had miserably failed to get himself discharged when he had filed the application under S. 227 CrPC; still however, he filed another vexatious application seeking modification of charge under Section 216 of CrPC to derail the criminal proceedings.
SC seeks explanation from Notary & Registry over alleged attestation of fake signatures and inclusion of names of non-appeared advocates
The case of fake signatures came before the Court, when the petitioner approached the Court in person, stating that he did not know either of the Advocates who were appearing on his behalf and that he came to know of the SLP filed in his name, when the Police Station served notice upon him.
Position of law vis-a-vis woman being the sole owner of ‘Stridhan’ is consistent and unequivocal: Supreme Court
The Court found that insofar as Section 406, IPC was concerned, no cognizable offence was visible on the face of the record. Furthermore, charges under S. 6 of Dowry Prohibition Act were not made out either, against the appellants
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[Habeas Corpus in Child Custody] SC restores 3-yr-old daughter’s custody to Father after temporary custody with Aunt following mother’s death from COVID-19
“Whether the writ Court should exercise its jurisdiction under Article 226 of the Constitution of India or not will depend on the facts and circumstances of each case. However, it is to be noted that a common thread in all the judgments relating to the custody of minor children is the paramount welfare of the child.”
Arbitrator can award pre-reference & pendente lite interest even when agreement is silent on award of interest or does not specifically prohibit it: SC
The Court has affirmed the power of the Arbitrator to grant pre-reference, pendente lite, and post-award interest on the rationale that a person who has been deprived of the use of money to which he is legitimately entitled has a right to be compensated for the same.
Supreme Court grants anticipatory bail to journalist Shajan Skaria in SC/ST Act case for making derogatory remarks against MLA PV Sreenijin
“All insults or intimidations to a member of the Scheduled Caste or Scheduled Tribe will not amount to an offence under the Act, 1989 unless such insult or intimidation is on the ground that the victim belongs to Scheduled Caste or Scheduled Tribe.”
Incriminatory Statement given by PMLA accused in custody is inadmissible in another money laundering case: Supreme Court
“Article 21 being a higher constitutional right, statutory provisions should align themselves to the said higher constitutional edict”
‘Sad that even after years, Courts do not understand the fine distinction’; SC breakdowns key differences & ingredients of criminal breach of trust and cheating
“For cheating, criminal intention is necessary at the time of making a false or misleading representation i.e., since inception. In criminal breach of trust, mere proof of entrustment is sufficient. Thus, in case of criminal breach of trust, the offender is lawfully entrusted with the property, and he dishonestly misappropriated the same. Whereas, in cheating, the offender fraudulently or dishonestly induces a person by deceiving him to deliver any property.”
Supreme Court stays Ayush Ministry’s Notification omitting Rule 170 of Drug Rules which prohibited ads of Ayurvedic, Siddha or Unani drugs without approval
Vide notification dated 01-07-2024, the Ministry of Ayush amended Drug Rules, 1945, omitting Rule 170.
Supreme Court grants bail to K. Kavitha in Delhi Excise Liquor Policy Scam
The CBI and the ED have claimed that K. Kavitha was involved in the exchange of bribes and money laundering in connection with the Delhi Excise Policy
Supreme Court issues notice in former IPS Sanjiv Bhatt’s appeal against conviction in 1990 custodial death case
The victim’s family alleged that was in police custody for nine days but after being released on bail, he had died of renal failure.
Coordinate Bench’s view of same HC cannot be ignored even if considered to be incorrect in law; Reference to larger bench the only option: SC
In the matter at hand, the Division Bench of High Court upheld a detention order, which was quashed by a coordinate Bench of the same High Court, based on same grounds and material relied.
‘Delay in compliance of NGT orders not wilful’; SC sets aside initiation of penal proceedings against CECB officers
The Court emphasised that every State organ, and particularly the wings of the Government associated with environment protection, such as the CECB, must be even more diligent in ensuring timely compliance with the directions of the NGT.
NRJ Series | When Supreme Court dismissed specific performance suit due to ‘flimsy’ oral evidence for existence of agreement to sell immovable property [(1953) 2 SCC 257]
This report covers the Supreme Court’s Never Reported Judgment, on suit for specific performance, dating back to the year 1953.
Andaman & Nicobar Islands Gang Rape case | Supreme Court dismisses review petition against bail granted to former Chief Secretary Jitendra Narain
The victim was allegedly gangraped by Narain and other co-accused persons when she approached them for a job.
Know Thy Judge | Justice Sanjay Karol’s impactful journey from India’s first heritage village to Supreme Court Judge
Hailing from Kangra district’s Garli, the first heritage village of India, Justice Sanjay Karol served his parent High Court of Himachal Pradesh as Acting Chief Justice and High Courts of Tripura and Patna as Chief Justice before his elevation as a Supreme Court Judge on 06-02-2023.
CrPC or BNSS?: The Tug of War Around July 01, 2024
by Aditya Mukherjee* and Jayati Sinha**