147-Kg Ganja Case ; Section 52-A Compliance Enough, Bulk Contraband Need Not Be Shown in Court : SC
The Supreme Court of India has held that, in cases under the NDPS Act, the prosecution is not weakened simply because the seized narcotics were not physically produced before the trial court, provided the requirements of Section 52-A have been properly followed. A bench of Justice Manoj Mishra and Justice Ujjal Bhuyan set aside an […]
Continued Incarceration After Charge-Sheet in Alleged Transnational Terror Conspiracy Linked to Manipur Unrest : SC Demands Justification
In a recent development, the Supreme Court’s bench of Justice Vikram Nath and Justice Sandeep Mehta, issued notice to the National Investigation Agency (NIA), on a plea filed by an accused challenging prolonged incarceration and denial of bail in connection with an alleged transnational conspiracy behind the Manipur violence. The plea highlights that although a charge-sheet […]
SC Demands Equal Rank Recognition for Persons with Disabilities : Sets Oct 14 As Deadline
The Supreme Court, with Justices Vikram Nath and Sandeep Mehta presiding, raised significant concerns regarding the treatment of ‘persons with disabilities’ (PWD) who achieve the general category cut-off in public education and employment. The Court observed that despite meeting these standards, such candidates are often still classified under reserved categories, resulting in the loss of […]
Homebuyers’ Big Win ; Once A Claim Is Verified, Possession Must Follow : SC To Builders
In a powerful affirmation of homebuyer rights, the Supreme Court has delivered a crucial ruling, declaring that once a claim is verified and admitted by a Resolution Professional (RP), it cannot be used to deny a homebuyer possession of their flat. The ruling brings major relief to financial creditors, ensuring that verified claims cannot be […]
HC’s Delay In Uploading Reasoned Judgments Draws SC Ire : Sets 3 Months For Pronouncement
The Supreme Court bench comprising Justice JB Pardiwala and Justice Sandeep Mehta in their recent ruling emphasized that judgements must be pronounced and made accessible to the parties within a period of three-months from the date on which they are reserved. The bench cautioned that , "We hope that we may not have to come […]
‘Exceptional Cases Only’? : SC To Lay Down Norms On Direct Anticipatory Bail Filings in High Courts
The Supreme Court of India has expressed its disapproval of the growing practice of High Courts directly entertaining applications for anticipatory bail without the applicant first approaching the Sessions Court. The Court has decided to consider the appropriateness of this practice and has issued notice to the Kerala High Court in a matter where such […]
SC Issues Contempt Notice To 63 Moons In NSEL Scam Case
Recently The Supreme Court’s bench consisting of Chief Justice of India, Justice J.B. Pardiwala, and Justice Manoj Misra, issued a notice to 63 Moons Technologies Ltd. on a contempt-of-court plea filed by the NSEL Investors Action Group. This group represents the interests of thousands of investors who were defrauded in the infamous National Spot Exchange […]
Justice Gavai: Kesavananda Bharati Judgement Constantly Guides The Pursuit Of Social & Economic Justice
The National University of Study and Research in Law (NUSRL), Ranchi, recently hosted the Justice S. B. Sinha Memorial Lecture, a distinguished event celebrating the Golden Jubilee of the historic Kesavananda Bharati v. State of Kerala case of 1973. Among the eminent invitees was Justice Bhushan Ramkrishna Gavai, sitting judge of the Supreme Court of […]
Supreme Court Differentiates Criminal Breach of Trust and Cheating
In a recent criminal appeal before the Division Bench of Justice J.B. Pardiwala and Justice Manoj Misra, the Supreme Court overturned the Allahabad High Court’s decision, which had dismissed the application by the Delhi Race Club (1940) to quash the summoning order issued by the Additional Chief Judicial Magistrate. The Bench allowed the appeal and […]
SC Empowers High Courts with Four-Stage Framework for Quashing
In a significant move aimed at streamlining the process for quashing criminal proceedings, the Supreme Court of India has established a clear, four-step test for High Courts to follow when hearing petitions under Section 482 of the Criminal Procedure Code (CrPC), now Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). This landmark judgment provides […]