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The Supreme Court took suo motu cognizance of the matter and, in a special hearing on Saturday, 27.01.2024, stayed the Single Judge Bench’s order directing the handover of case papers related to the alleged issuance of fake caste certificates to the CBI, despite a division bench stay order.
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on circumstantial evidence.
In the case relating to allegations of issuance of fake caste certificates, the Single Judge Bench of the Calcutta High Court had directed the handover of papers related to the case of alleged issuance of fake caste certificates to the CBI, despite the stay order of a division bench.
The matter pertains to Uttar Pradesh Government’s ban on production, storage, distribution and sale of food products with a Halal tag.
Supreme Court remarked that the offence was serious in nature, and the High Court had considered all aspects while refusing bail in this matter.
“In the absence of any new evidence in further investigation to substantiate the conclusions drawn by the investigating officer in the supplementary report, a Judicial Magistrate is not compelled to take cognizance, as such a report lacks investigative rigour and fails to satisfy the requisites of Section 173(8) of the CrPC”.
Supreme Court stated that the respondents could not have claimed statutory bail as a right.
The Division Bench of Delhi High Court had stayed the order in V.R. Holdings v. Hero Investcorp Ltd., 2023 SCC OnLine Del 1380.
This public flogging took place at Undhela village in Kheda district soon after the Muslim men were arrested on charges of pelting stones on a garba event.
Ansari had a criminal history and has been involved in many cases.
by Vishwanath K.†, Teesta Banerjee†† and Ananya Raghavendra†††
Cite as: 2024 SCC OnLine Blog Exp 9
The matter arose when a Public Interest Litigation by a TN BJP member sought Supreme Court’s intervention while alleging that the TN Government ‘orally’ banned pooja, processions or live streaming of Ayodhya Ram Mandir Pran Pratishtha.
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on Section 420 of the Penal Code, 1960.
In a full Court meeting on 19-01-2024, presided by the Chief Justice of India, Dr. DY Chandrachud designated Advocates-on-Record/Advocates as Senior Advocates
Section17A of the Prevention of Corruption Act, 1988, introduced with effect from 26-07-2018, bars any enquiry or inquiry or investigation by a police officer into any allegations against public servant, without the prior approval of the authority concerned.
“The stopping the Salary of the appellant-teachers was not justified, keeping in view that no allegations or proof of commission of any malpractice was found or established.”
“Earlier, the Bench had verbally observed that central assessment may be necessary if there were cross transactions between individuals.”
“The punishment under PFA and the penalty under the FSSA cannot be imposed on the violator for the same misbranding because it will amount to double jeopardy, which is prohibited under Article 20(2) of the Constitution of India.”
“The principle applicable to circumstantial evidence requires that the facts must be consistent with the hypothesis of the guilt of the accused.”