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Supreme Court Criticises Anticipatory Bail Condition That Accused Should Be Arrested After Filing Of Chargesheet
The Supreme Court recently disapproved of the Patna High Court's anticipatory bail order which imposed a condition that upon filing of the charge sheet, the trial court shall take coercive steps against the applicant, including an arrest. The bench comprising Justices Ahsanuddin Amanullah and Prashant Kumar Mishra called the imposition of such a condition to be unwarranted and instead, said that the High Court could have left it open for the trial court to take a call on taking coercive steps...
'Police Being Biased' : Supreme Court Rebukes UP Police For Wrong Application Of Conversion Law
The Supreme Court today (March 20) rebuked the Uttar Pradesh Police for arbitrarily handling an alleged case of rape where the offences under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 have been invoked. The bench of CJI Sanjiv Khanna and Justice Sanjay Kumar was hearing a bail plea filed by the petitioner who is accused in a case of alleged rape and unlawful conversion. The petitioner's counsel submitted that the petitioner has been in jail for the last 8...
Supreme Court Grants Interim Protection From Eviction To Over 19000 Maharashtra Street Vendors
The Supreme Court recently granted interim protection from eviction to 19000 odd street vendors in Pimpri-Chinchwad near Pune in Maharashtra.The Court said that until the exercise of identifying/notifying the hawking and non-hawking zones is contemplated in accordance with the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, status quo be maintained and the hawkers not be evicted from their place of vending.A bench of Justices Vikram Nath and Sandeep Mehta...
'Can You Withhold Entire Office & Staff Under Your Control?' : Madras High Court Orally Asks ED To Halt Probe Against TASMAC Till March 25
The Madras High Court on Thursday (March 20) orally asked the Enforcement Directorate not to proceed with its investigation against the Tamil Nadu State Marketing Corporation (TASMAC) in an alleged money laundering case till the next date of hearing. A division bench of Justice MS Ramesh and Justice N Senthilkumar directed the ED to file a counter to the petition filed by TASMAC challenging the recent searches by the agency conducted at the latter's headquarters. In the meantime, the...
Supreme Court Expresses Inclination To Transfer Gold Smuggling Case Trial From Kerala To Karnataka
The Supreme Court on Thursday(March 20) orally expressed a prima facie inclination to transfer the trial of the money laundering case related to the 2020 gold smuggling case from Kerala to Karnataka.The Court orally observed that since the prima facie allegations are "serious", the plea of the Enforcement Directorate (ED) to transfer the trial should not be opposed.A bench of Justice M.M. Sundresh and Justice Rajesh Bindal was hearing the transfer petition filed by the Enforcement...
Supreme Court Asks Odisha Govt To Decide Premature Release Plea Of Convict In Graham Staines Murder Case Within 6 Weeks
The Supreme Court on Wednesday (March 19) asked the State of Odisha to take a decision on the plea for premature release of Dara Singh who is serving life sentence for the murder of Australian missionary Graham Staines and his two sons in 1999.A bench comprising Justice Manoj Misra and Justice KV Viswanathan was hearing a writ petition filed by Singh seeking remission of his sentence. He stated that he has served more than 24 years in imprisonment.The counsel for the State informed the...
Child Victim's Silence & Tears During Examination Alone Can't Benefit Rape Accused : Supreme Court Restores Conviction After 38 Years
The Supreme Court recently criticised a judgment of the Rajasthan High Court for setting aside the conviction of a person for rape of a minor girl only on the ground that the child victim, during the cross-examination, remained silent and only shed tears.The Supreme Court expressed surprise at the manner in which the High Court, through a 6-page order, set aside the well-considered judgment of the trial court merely on the ground of silence of the child victim during examination.The High Court...
Supreme Court Seeks Report From NEERI On Laying Down Of Paver Blocks In Matheran; Assures That It Won't Allow 'Motorization' Of The Hill Town
While dealing with the issue of laying down of paver blocks in Matheran, Maharashtra, the Supreme Court today called for a report from the National Environmental Engineering Research Institute (NEERI) on aspects including the necessity of installing paver blocks, the preferred nature of paver blocks (clay/concrete), etc.A bench of Justices BR Gavai and AG Masih passed the order, being of the view that NEERI is the most prestigious body in the field of environmental sciences. It further directed...
Senior Designations | Supreme Court Questions Inclusion Of Attorney General, Advocate Generals & Bar Members In Permanent Committee
The Supreme Court today (March 19) questioned the inclusion of members of the bar such as Attorney General for India and Advocates Generals in the Permanent Committee of the Court that assigns marks to candidates for senior advocate designations.“If something is to be done by the Full Court, can anybody else be part of the Full Court decision-making process? There are two different things. One is, if the High Court takes informal opinion of the Attorney General or the Advocate General. But can...
'Need Clear Answers, To Whom Contracts Were Awarded' : Supreme Court To Arunachal Pradesh Govt & Union On Allegations Against Arunachal CM
While hearing a plea for SIT probe into alleged irregular tender allotments in Arunachal Pradesh, the Supreme Court on March 18 sought detailed responses from the Ministry of Home Affairs, Finance Ministry and the state government on the parties that awarded public work tenders within the state.The bench of CJI Sanjiv Khanna and Justices Sanjay Kumar and KV Viswanathan was hearing a PIL seeking directions for SIT probe into the alleged irregular allotment of public contracts to the companies...
SCAORA Highlights AORs' Difficulties In Translating Documents, Requests CJI To Re-Establish Official Pool Of Translators In SC
The Supreme Court Advocates-On-Record Association (“SCAORA”) today addressed a letter to Chief Justice Sanjiv Khanna bringing his attention to the significant challenges faced by Advocates-on-Record (AORs) in obtaining accurate and reliable translations of annexures and supporting documents required for submissions before the Supreme Court. On behalf of SCAORA, Mr. Vipin Nair, President of SCAORA addressed the letter to CJI proposing the re-establishment of an official pool of translators...
Advocate Has Duty To Be Present In Court During Hearing; AORs Shouldn't Be Mere 'Name Lenders' : Supreme Court
The Supreme Court observed that an advocate's right to appear in Court is coupled with the duty yo be present in the Court at the time of hearing.The Court also reiterated that Advocates-on-Record (AORs) should not be mere “name lenders” and should effectively participate in the proceedings."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...
Uttarakhand Govt Explains 'Misutilization' Of CAMPA Funds; Supreme Court Closes Issue Finding Deviations To Be 'Trivial'
Pursuant to Supreme Court's rap regarding misutilization of CAMPA (Compensatory Afforestation Fund Management and Planning Authority) funds, the Uttarakhand government explained today that majority of the subject expenses were directly or indirectly related to purposes permissible under the relevant Rules.In the few instances where irregularities were found, the state government conveyed that departmental proceedings were initiated prior to the Supreme Court taking note of the issue and...
Senior Advocate Can't Appear In Supreme Court Without An AOR; Non-AORs Can Argue Only If Instructed By An AOR : Supreme Court
In a judgment dealing with the appearance of advocates, the Supreme Court has held that no advocate, other than the Advocate-on-Record for a party, can appear, plead and address the Court in a matter unless he is instructed by the AOR or permitted by the Court.The Court also held that a Senior Advocate shall not appear without an AOR in the Supreme Court.A bench of Justices Bela M. Trivedi and Satish Chandra Sharma has observed that though an advocate is entitled to appear before the Supreme...
Delhi High Court Directs BCI To Enrol South Korean Citizen As Advocate Within Two Days
The Delhi High Court on Tuesday (March 18) directed the Bar Council of India to enrol a South Korean citizen- Daeyoung Jung as an advocate within two days. A division bench comprising Justice Prathiba M Singh and Justice Rajneesh Kumar Gupta observed that withholding the enrolment would not be permissible since there was no stay of a single judge order which had quashed BCI's decision refusing to consider Jung as eligible for enrolment as an advocate. “Under these circumstances, the enrolment...
If Parties Attempt To Obtain Order By Trick, Courts Can Impose Costs For Vexatious Litigation : Supreme Court
In a recent case, the Supreme Court criticized a litigant for filing multiple petitions before the High Court while concealing the dismissal of an earlier petition. Dismissing the appeal, the Court justified the imposition of costs, and increased the penalty to ₹50,000, emphasizing that such measures are essential to deter frivolous and vexatious litigation.If the parties misuse the process and attempt to obtain an order by "trick and strategem", the Courts would be justified in imposing the...
2 Convictions In 193 ED Cases Filed Against Political Leaders In Last 10 Years : Centre Tells Parliament
The Union Government has informed the Parliament that the Enforcement Directorate (ED) registered 193 cases over the past 10 years against political leaders, out of which two cases resulted in convictions. No case has resulted in acquittal on merits.The Ministry of Finance made this statement in response to the queries raised by CPI(M) Rajya Sabha MP AA Rahim.Rahim sought to know the number of...