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Criminal Proceedings Can't Be Quashed Merely Because Of Pending Civil Cases On Same Subject Matter : Supreme Court
The Supreme Court reiterated that the existence of civil disputes between parties does not warrant the quashing of criminal proceedings where a prima facie case is made out. The bench comprising Justices Vikram Nath and Prasanna B Varale set aside the Karnataka High Court's decision which quashed the criminal proceedings initiated against the Respondents under Sections 120B, 415, 420 read with Section 34 of Indian Penal Code, 1860 on the allegation of fraudulently excluding the Appellant and...
TN Football Association : Supreme Court Stays HC Order For Fresh Elections; Directs Earlier Administrative Committee To Handle Affairs
The Supreme Court today stayed the Madras High Court order of July 4, which directed fresh elections for the Tamil Nadu Football Association (TNFA) noting that there was non-compliance with its earlier directives.A bench of Justices Surya Kant and Joymalya Bagchi passed the order, while issuing notice on two pleas, including one filed by the Chennai Football Association against the High Court order."The affairs of the Tamil Nadu Football Association shall continue to be looked after by the...
Unthinkable For A Democratic Nation To Permit A Movie Vilifying An Entire Community : Sibal To Supreme Court On 'Udaipur Files'
Senior Advocate Kapil Sibal said before the Supreme Court today that the film "Udaipur Files : Kanhaiya Lal Tailor Murder" was generating hate against one particular community."[Udaipur Files] movie generates violence, it is vilification of an entire community," he said, during the hearing of pleas seeking reliefs related to the controversial movie.Such a film which generates hate against one community should not be allowed to be seen by millions in a democratic country, the senior counsel...
Supreme Court Acquits Man Sentenced To Death, Slams Trial Court's 'Hasty Enthusiasm' In Sending Accused To Gallows On Meagre Evidence
"The Courts' enthusiasm to deliver justice in such a heinous crime ensures that the accused person ends up on the death row, albeit without sufficient evidence," the SC observed.
Rape Case Can Be Quashed Based On Settlement Between Parties In Exceptional Circumstances : Supreme Court
The Supreme Court today (July 16) observed that criminal proceedings related to rape offences can be quashed based on settlement in exceptional circumstances, subject to the facts of the case. “At the outset, we recognise that the offence under Section 376 IPC is undoubtedly of a grave and heinous nature. Ordinarily, quashing of proceedings involving such offences on the ground of settlement between the parties is discouraged and should not be permitted lightly. However, the power of the Court...
Supreme Court Issues Notice On PIL Seeking Grievance Redressal Mechanism For Breach Of Advocates' Privileges
The Supreme Court today issued notice on a public interest litigation seeking a grievance redressal mechanism for breach of advocates' privileges.A bench of Justices Vikram Nath and Sandeep Mehta heard the matter and tagged it with the suo motu case initiated in connection with summoning of lawyers by investigation agencies over legal advice given to clients (Ref: In Re : Summoning Advocates Who Give Legal Opinion or Represent Parties During Investigation of Cases and Related Issues).Briefly...
Partnership Firm With More Than Two Partners Doesn't Dissolve On Death Of One Partner If Deed Provides Continuity : Supreme Court
The Supreme Court observed that a partnership firm with more than two partners does not dissolve upon the death of one partner, provided the partnership deed contains a clause allowing the firm's continuity. The bench comprising Justices Pankaj Mithal and Ahsanuddin Amanullah heard the case where the Appellant-Indian Oil Corporation stopped the supply of kerosene to the Respondent-Partnership Firm (with three partners) just because one of its partners died. The partnership deed contains a...
Sadhguru's Isha Foundation Moves Supreme Court To Restrain Media Outlet Nakkheeran Publications From Publishing 'Defamatory' Content
Sadhguru's Isha Foundation has moved the Supreme Court seeking to restrain Tamil media outlet Nakkheeran Publications from "continuing" to publish allegedly defamatory content against it.The plea was mentioned today before a bench of Justices Surya Kant and Joymalya Bagchi by Senior Advocate Mukul Rohatgi (appearing for Isha Foundation), which listed it on next Monday.To recap, last year, Isha Foundation filed a defamation suit against Nakkheeran Publications before the Delhi High Court,...
S. 138 NI Act | Cheque Dishonour Complaint Maintainable Against Partners Without Arraigning Parnership Firm : Supreme Court
The Supreme Court held that a complaint under Section 138 of the Negotiable Instruments Act, 1881 (“NI Act”) for the dishonour of a cheque issued in the name of a partnership firm is maintainable against individual partners of a firm, even when the partnership firm is not arrayed as an accused.The Court reasoned that “when the offence has been proved against a partnership firm, the firm per se would not be liable, but liability would inevitably extend to the partners of the firm inasmuch as they...
Gujarat TRP Game Zone Fire: Supreme Court Grants Bail To Ex-Rajkot District Chief Fire Officer
The Supreme Court today(July 15) granted bail to Ileshkumar Valabhai Kher, who was the district Chief Fire Officer, when the TRP Game Zone Fire incident took place wherein twenty-seven individuals, including four children, perished in the massive fire that engulfed the game zone in Rajkot's Nana-Mava locality on May 25, 2024. The Court orally said that the responsibility of the Chief Fire Officer in this case was "extremely remote" and observed in its order that the Appellant has been...
Stem Cell Banking Services Qualify As "Healthcare Services" In Service Tax Exemption Notification : Supreme Court
The Supreme Court held that stem cell banking services, including enrolment, collection, processing, and storage of umbilical cord blood stem cells, constitute “Healthcare Services” which were exempted from service tax as per the notifications issued by the Ministry of Finance in 2012 and 2014 under the Finance Act, 1994.Holding so, a bench comprising Justice JB Pardiwala and Justice...