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Supreme Court Seeks Data Of GST Arrests, Says Citizens' Harassment Won't Be Allowed Due To Any Ambiguity In Arrest Provisions
While hearing a batch of petitions challenging penal provisions of GST Act, Customs Act, etc. as non-compatible with the CrPC and the Constitution, the Supreme Court on Thursday (May 2) expressed concerns about the ambiguity in Section 69 of the GST Act (dealing with power with arrest) and conveyed that it would interpret the law to "strengthen" liberty, if need be, but not allow citizens to...
CBI Independent From Union Govt, West Bengal's Suit Against Centre Not Maintainable : SG Tells Supreme Court
The Supreme Court (today on May 02) heard the Union's preliminary objection to the maintainability of the original suit filed by the State of West Bengal in 2021 alleging that the Central Bureau of Investigation (CBI) continued to register and investigate cases despite its revocation of the general consent. It was in November 2018 when the State government withdrew its consent that allowed the CBI to conduct investigations of cases in West Bengal. The State has contended that despite...
Victim Shaming Approach Of Courts Will Deter Women From Reporting Sexual Offences : Amicus Curiae Tells Supreme Court
The Supreme Court on Thursday (May 2) heard the suo motu case taken by it over a judgment of the Calcutta High Court in which certain remarks were made regarding the sexual conduct of adolescents, particularly teenage girls.The suo motu case titled "In Re : Right to Privacy of Adolescents" was listed before a bench comprising Justices Abhay S Oka and Ujjal Bhuyan.While overturning the conviction of a young man under the Protection of Children from Sexual Offences Act (POCSO Act) 2012, the...
BREAKING | Calcutta High Court Denies Bail To Former WB Education Minister Partha Chatterjee In Cash-For-Jobs Scam
The Calcutta High Court has declined the bail prayer of former Education Minister and Member of Legislative Assembly Partha Chatterjee in the cash-for-jobs recruitment scam, involving the illegal recruitment of Assistant Teachers under the West Bengal Board of Primary Education.A single bench upon going through the evidence including the amounts of money and assets, jewellery seized from Chatterjee and co-accused Arpita Mukherjee denied the bail application and held:I have taken into...
Supreme Court Questions UP Police For Including Confession Statements Of Accused In Chargesheet, Seeks DGP's Affidavit
The Supreme Court has expressed prima facie disapproval of the inclusion of statements of the accused, which are recorded during the investigation, in the chargesheet. Some of those statements are in the nature of alleged confessional statements, the Court noted."We find that so called statements of the accused which are allegedly recorded during interrogation are forming part of the charge-sheet. Some of them are in the nature of alleged confessional statements. Prima facie, this is illegal,"...
Supreme Court Directs Minimum 1/3rd Women's Reservation In Supreme Court Bar Association Posts From 2024 Elections
In a major development, the Supreme Court on Thursday (May 2) directed the implementation of a minimum 1/3rd women's reservation in the posts of the Supreme Court Bar Association "henceforth", including the ensuing elections (2024-2025).The Court further directed that in the ensuing elections for 2024-25, the post of Treasurer of SCBA shall be reserved for a woman candidate. "In the ensuing elections for 2024-25, the post of the Treasurer of the Supreme Court Bar Association is reserved for...
S.205 CrPC | Court Can Exempt Accused From Personal Appearance Before Grant Of Bail : Supreme Court
The Supreme Court on Wednesday (May 1) observed that even before the grant of bail, the accused can be exempted from showing his personal appearance before the court. “The observation (of the High Court) that there is no provision for granting exemption from personal appearance prior to obtaining bail, is not correct, as the power to grant exemption from personal appearance under the Code(Code of Criminal Procedure) should not be read in a restrictive manner as applicable only after the accused...
“Evolution Happens When You Recognize Your Mistake And Try To Change It”: Madras High Court Judge Criticises Own Judgment From 2018
While speaking at a lecture series organized by the Madras Bar Association Academy in coordination with the Rakesh Law Foundation, Justice Anand Venkatesh of Madras High Court emphasized that an individual should have the courage to accept his mistakes and be open to changing it. The judge delivered a lecture on “A Judge Criticizing his own judgment in the Matter of Suit for Land”. The judge discussed how he had made a mistake while delivering judgment in a 2018 case, in the matter of...
S.138 NI Act | Supreme Court Sets Aside HC Decision Allowing Amendment Of Cheque Date Mentioned In Complaint
The Supreme Court recently set aside a judgment of the High Court which allowed a complainant in a cheque dishonour case to amend the date of the cheque mentioned in the complaint.The Supreme Court noted that the amendment application was moved after the evidence stage was over. Here, the date of the cheque was mentioned as 22.07.2010 in the complaint. The same date was mentioned in the legal notice which was issued after the dishonour of the cheque. Also, in the evidence as well, the very same...
Suit For Recovery Against 'Sick Company' Not Barred If It Doesn't Affect Company's Properties Or Revival Scheme : Supreme Court
If the recovery proceedings against the Sick Company do not pose a threat to its properties or have adversely impacted the scheme of the revival of the Sick Company, then there wouldn't be a bar for filing a suit for the recovery of the dues against the Sick Company, observed the Supreme Court.Concurring with the findings of the High Court, the bench comprising Justices JB Pardiwala and Sandeep Mehta observed that the suit for recovery of money against the Sick Company towards the dues arising...
Non-Bailable Warrants Shouldn't Be Issued Unless Accused Charged With Heinous Crime Is Likely To Abscond Or Destroy Evidence: Supreme Court
The Supreme Court, in a judgment delivered on May 1, cautioned against the routine issuance of non-bailable warrants. The Court said that non-bailalbe warrants not be issued unless the accused is charged with a heinous crime, and is likely to evade the process of law or tamper/destroy evidence. “While there are no comprehensive set of guidelines for the issuance of nonbailable warrants, this Court has observed on several occasions that nonbailable warrants should not be issued, unless the...
Supreme Court Criminal Digest -March 2024
Anticipatory Bail Custodial interrogation is one of the effective modes of investigating into the alleged crime. It is equally true that just because custodial interrogation is not required that by itself may also not be a ground to release an accused on anticipatory bail if the offences are of a serious nature. However, a mere assertion on the part of the State while opposing the...