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“The very purpose of the constitutional and statutory protection would be rendered nugatory if the authorities concerned are permitted to merely read out or permit reading of the grounds of arrest, irrespective of their length and detail, and claim due compliance with the constitutional requirement under Article 22(1) and the statutory mandate under Section 19(1) of the PMLA”.
The Court did not express anything on the merits of the case and released the accused considering the period in custody and reasonable time for conclusion of Trial.
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on West Bengal Rent Control (Temporary Provisions) Act, 1950.
Supreme Court clarified that “an HUF is capable of acting through its Karta or an adult member of the family in the management of the HUF property.”
The accused had spent nearly 6 years and 2 months in jail, which is more than half the period of punishment for the offences he was charged with.
The appellants mainly averred that the further period of 90 days had not expired on the date of imposition of lockdown as on 23-03-2020.
Supreme Court said that the repeated visitation rights in the Court premises would also not be in the interest of the child as the environment during which the visitation rights are exercised would also matter.
During the hearing, an Advocate on the panel of the State of Jharkhand, has requested the Court to not summon the Chief Secretary, but Supreme Court declined the said request because the present matter has not been assigned to any counsel for the State of Jharkhand.
NLU, Tripura is ready for fresh admissions in 2023-2024 with all the available facilities.
by Sanjay Vashishtha† and Abhay Pratap††
Cite as: 2023 SCC OnLine Blog Exp 75
Supreme Court viewed that the Division Bench of Karnataka High Court, which was considering an appeal against a judgment of a Single Judge rejecting the writ petition, ought to have proceeded with circumspection.
“No doubt, that a conviction can be solely recorded on the basis of dying declaration. However, for doing so, the court must come to a conclusion that the dying declaration is trustworthy, reliable and one which inspires confidence.”
Since the decision in Sita Soren, decided by the Jharkhand High Court, was appealed against, the Supreme Court constituted a 7-Judge Constitution Bench.
This roundup revisits the analyses of Supreme Court’s judgments/orders on DSPE Act; HIV/AIDS guidelines; Self-respect and secular marriages; Andaman & Nicobar Islands Gang rape case; and more. It also covers Cases Reported in SCC Weekly in the month of September; Explainers on important law points; and Never reported Judgments
“The yardstick to be applied in cases where the appointment sought relates to a Law Enforcement Agency, ought to be much more stringent than those applied to a routine vacancy.”
Based on facts, the Supreme Court said that gunshots fired indiscriminately could be said to be a criminal act done by several persons in furtherance of the common intention of all.
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on reciprocal promises in share transactions under the Contract Act, 1872.
“A Statute cannot be interpreted in such a manner that any provision thereof is rendered otiose.”
The Supreme Court settled that the legislative intent was not there to exclude its members or their heirs from the benefits of compensation payable under the 1923 Act or the 1989 Act.
A candidate who had secured the merit rank in 2007 in higher judicial service recruitment examination was seeking appointment to the post, alleging that the post cannot be kept vacant in arbitrary manner once a selected candidate resigns from post.