Sharjeel Imam Moves Supreme Court Against Bail Denial In Delhi Riots Larger Conspiracy Case

Sharjeel Imam has moved the Supreme Court seeking bail in the UAPA case alleging a larger conspiracy related to the 2020 North-East Delhi riots. Imam has challenged the Delhi High Court ruling passed on September 02 by a division bench comprising Justice Navin Chawla and Justice Shalinder Kaur denying bail to him. The matter is yet to be listed for hearing before the Apex Court. Imam was arrested on January 28, 2020. Vide the inpugned order, the Delhi High Court also denied bail to co accused...

S. 68 Evidence Act | Mandatory To Examine One Attesting Witness To Prove Will Even If There's No Dispute Between Legal Heirs : Supreme Court

The Supreme Court recently held that Section 68 of the Evidence Act makes it mandatory to examine at least one attesting witness to a Will, and this requirement cannot be dispensed with merely because the dispute does not involve contesting legal heirs. A bench of Justices Aravind Kumar and Sandeep Mehta heard the case where the Plaintiff-Respondent claimed that he had purchased the property from his father in 1996 through an Agreement to Sell, General Power of Attorney, affidavit, receipt,...

Selective Regularisation Of Similarly Situated Daily Wagers In Same Establishment Violates Equity : Supreme Court

The Supreme Court recently ruled against the selective regularization of similarly situated employees. It held that daily wage employees engaged in perennial work cannot be discriminated against by denying them regularization while extending the benefit to other similarly situated workers on vacant posts. The bench comprising Justices Vikram Nath and Sandeep Mehta heard the case where...

Supreme Court Criticises High Court For Asking Why Accused Was Not Arrested Instead Of Deciding Anticipatory Bail Plea

The Supreme Court yesterday granted anticipatory bail to a man facing corruption charges while criticising the Punjab and Haryana High Court for passing a “cryptic and unusual” order in the matter.A bench of Justice JB Pardiwala and Justice Sandeep Mehta criticised the High Court for seeking an explanation from the police for not arresting the man, instead of treating the non-arrest as...

'Witness Protection Scheme Not Substitute For Bail Cancellation' : Supreme Court Deprecates Allahabad High Court's 'Cyclostyled' Orders

The Supreme Court strongly criticised the Allahabad High Court for issuing cyclostyled template orders in bail cancellation matters, where, instead of examining allegations that the accused had threatened witnesses, the High Court directed complainants to seek recourse under the Witness Protection Scheme. The bench of Justice JB Pardiwala and Justice Sandeep Mehta noted that in the last...

Motor Accident Claims | If Claimant Doesn't Produce Income Proof, Insurer Must Furnish Applicable Minimum Wages Notification : Supreme Court

The Supreme Court recently increased the compensation awarded to a minor, who sustained permanent disability in a road accident, from ₹8.65 lakh to ₹35.90 lakhs, holding that a minor cannot be classified as a non-earning individual for determining income. Instead, the Court ruled that the minor's income should be treated as equivalent to the minimum wage for a skilled worker notified in...

Supreme Court Takes Suo Motu Case On Lack Of CCTV Cameras In Police Stations

The Supreme Court on Thursday (September 4) registered a suo motu case on the lack of functional CCTV cameras in police stations across the country. A bench comprising Justice Vikram Nath and Justice Sandeep Mehta took the suo motu action based on a report published by Dainik Bhaskar. As per the report, around 11 people have died in police custody in the last seven to eight months this...

S.100 CPC | High Court Must Assign Reasons For Framing Additional Question Of Law In Second Appeals : Supreme Court Lays Down Principles

The Supreme Court on Wednesday (Sep.3) observed that it is mandatory for the High Courts to record reasons while framing an additional question of law which was not originally raised in a second appeal in a civil case.Proviso to Section 100(5) CPC grants power to the High Courts to frame an additional question of law, but this power cannot be routinely exercised, but only in...

Anticipatory Bail Is Permissible Under SC/ST Act Only If Prima Facie Offence Isn't Made Out : Supreme Court

The Supreme Court observed that a grant of anticipatory bail is impermissible under the SC/ST Act unless is prima facie shown that no offence under the Act is made out."where on the face of it the offence under Section 3 of the Act is found to have not been made out and that the accusations relating to the commission of such offence are devoid of prima facie merits, the Court has a room...

S. 37(1)(a) Arbitration Act | Clause Restricting Interest On Delayed Payments By Itself Won't Bar Pendente Lite Interest : Supreme Court

The Supreme Court on Tuesday (Sep.2) observed that an Arbitral Tribunal can grant pendente lite interest unless expressly or impliedly barred in the contract. It added that a contractual clause barring interest on delayed payments does not prevent an arbitral tribunal from awarding pendente lite interest, i.e., the interest for the period during which the arbitration is...

Arbitration | Delivery Of Award To Govt Official Not Connected With Case Doesn't Amount To Valid Service On State : Supreme Court

The Supreme Court has clarified that when the government or one of its departments is a party to arbitration, delivery of an arbitral award to an official who is not connected with or aware of the proceedings cannot be treated as valid service for commencing the limitation period to challenge the award. Citing its ruling of Union of India vs. Tecco Trichy Engineers & Contractors (2005),...

Company Law | NCLT Can Examine Allegations Of Fraud & Validity Of Documents In Oppression & Mismanagement Cases : Supreme Court

The Supreme Court on Tuesday (Sep.2) observed that the National Company Law Tribunal (“NCLT”) has jurisdiction to examine allegations of fraud and validity of documents in oppression and mismanagement cases. The Court said that when “a member who holds the majority of shares in a company is reduced to the position of minority shareholder in the company by an act of the company or by...