Judgments Are Retrospective Unless Expressly Made Prospective : Supreme Court

The Supreme Court has reiterated that unless its judgment expressly states that the decision would apply prospectively, it shall apply retrospectively. “If a decision of the Apex Court does not expressly provide its application to be prospective, then it is settled law that all decisions of this Court are retrospective in application…”, observed a bench of Justice Dipankar Datta...

Supreme Court Upholds Constitutionality Of Sentences Of Imprisonment For Remainder Of Natural Life Without Remission

The Supreme Court has upheld the constitutional validity of sentences directing imprisonment for the remainder of a convict's natural life, dismissing a batch of writ petitions that challenged such punishments as unconstitutional and contrary to the statutory remission framework.A Bench of Justice Sanjay Karol and Justice Augustine George Masih rejected petitions filed by four sets of...

Supreme Court Grants Bail To Two UAPA Accused In Jail For 12 Years, Says Slow Trial Violated Article 21

The petitioners were booked over the alleged recovery of explosives linked to Indian Mujahideen module.

National Scheduled Castes Commission Has No Adjudicatory Role; Only Advisory : Supreme Court Quashes Order In Service Dispute

The NCSC has only been given a limited role, which is recommendatory and not adjudicatory, the Court stated.

Art. 311(2) | Confirmed Public Servant Can't Be Terminated Over Alleged Illegal Appointment Without Inquiry: Supreme Court

The Supreme Court has ruled that a public servant whose service is confirmed cannot be terminated from the office merely because there was an alleged illegality in appointment. The Court said that a termination without holding a departmental inquiry would be violative of Article 311(2) of the Constitution. “Confirmation in service is not a mere administrative formality but it confers upon...

Mere Transfer Of Defrauded Amount To Accused's Account Doesn't Establish Same Transaction To Club FIRs : Supreme Court

Part of defrauded amounts transferred to petitioner's bank account does not, by itself, establish all incidents form part of same transaction, the Court said.

Inadequate Grounds Of Arrest Don't By Themselves Vitiate Arrest, Prejudice To Accused Must Be Shown: Supreme Court

The Court said that complete non-service of reasons vitiates arrest, but inadequate reasons require proving prejudice against accused.

'Even In Terror Cases, Constitutional Safeguards And Right To Fair Trial Cannot Be Diluted': Supreme Court

'The greater the public outcry, the greater becomes the responsibility of the Court to ensure that the determination of guilt is based solely upon law and evidence' - Court

Know The Law | When Can High Courts Grant Relief Under Article 226 Beyond Pleadings? Supreme Court Explains

The Supreme Court recently clarified that although High Courts are ordinarily expected to remain confined to the pleadings and reliefs sought by parties, the rule is flexible while exercising jurisdiction under Article 226 of the Constitution. In exceptional cases, where the record clearly establishes a legal entitlement and denying relief on technical grounds would perpetuate injustice,...

Art. 226 | High Courts Cannot Reweigh Evidence Or Interfere With Factual Findings In Certiorari Jurisdiction : Supreme Court

The Supreme Court has held that the Writ of Certiorari cannot be issued by the High Court to review or reweigh the evidence based on which subordinate courts decided a matter. The Court reiterated that such a jurisdiction is issued only to correct errors of jurisdiction committed by Courts or Tribunals, but not for reappreciation of evidence or acting as a Court of appeal. Holding so, a bench...

Law Needed To Protect Right To Walk On Footpaths : Supreme Court Tells Centre

The Court also recommended that the Law Commission of India examine the issue.

Right To Walk A Fundamental Right; Authorities Have Duty To Demarcate Footpaths : Supreme Court

The Court held that motorists cannot negate the right o pedestrians to walk on footpaths.