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SangsLegal News The enforcement of the rule of law should be carried out without considering the potential consequences : Supreme Court on Bilkis Bano's Case |
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In the recent decision the Supreme Court emphasized the importance of upholding the rule of law by revoking the remission granted to the convicts involved in the Bilkis Bano case. The court highlighted the need for those involved in safeguarding the rule of law to remain unaffected by the potential outcomes and ramifications. Furthermore, it unequivocally stated that the enforcement of the rule of law should not be influenced by sentiments of compassion or sympathy.Recently the remission of 11 individuals convicted and sentenced to life imprisonment in multiple murders and gang rapes including Bilkis Bano, during the 2002 communal riots in Gujarat was nullified by the Supreme Court.
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SangsLegal News Supreme Court Rules S.138 of NI Act; Complaints for Cheque Dishonour Can Be terminated Upon Complainant's Execution of Acceptance Deed for Full Settlement |
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SangsLegal News Supreme Court Affirms Abrogation of Jammu and Kashmir's Special Status |
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The Supreme Court upheld the validity of the Union Government's decision in 2019 to revoke the special status of Jammu and Kashmir (J&K) according to Article 370 of the Constitution. The court concluded that the internal sovereignty of J&K was not applicable and that the approval of the State Government was unnecessary for the implementation of the Indian Constitution in J&K. Furthermore, the court declared Article 370 as a temporary provision.
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SangsLegal News The dishonor of a cheque provided as a security is deemed to fall under Section 138 of the Negotiable Instruments Act: Delhi High Court |
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The Delhi High court has recently held that the dishonor of a cheque provided as a security is deemed to fall under Section 138 of the Negotiable Instruments Act. The court further held that instances where cheques are dishonored with reasons such as "payment stopped" or " replica borse account closed" also come under the purview of this provision.
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SangsLegal News The High Courts and Sessions Courts possess the authority to grant interim or transit anticipatory bail: Supreme Court |
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The Supreme Court, in a significant judgement, has held that the High Courts and Sessions Courts possess the authority to grant interim or transit anticipatory bail, even if an First Information Report (FIR) has been filed in a different state. However the Court emphasized that such authority should be conferred solely in exceptional and compelling situations.
The grant of transit anticipatory bail is subject to certain conditions outlined by the Court, including
- notifying the Investigating Officer (IO) and the Public Prosecutor on the first date of seeking such protection.
- the order of approval must provide reasoning as to why the applicant fears arrest across state borders and consider the potential impact of interim anticipatory bail on the ongoing investigation.
-The jurisdiction within which the offense is being considered does not prevent the offense from falling within the purview of anticipatory bail, as per the state amendment to Section 438 of the Criminal Procedure Code (CrPC).
-The applicant is required to convince the Court about their inability to approach the proper jurisdictional Court.
-The applicant's arguments could involve valid concerns related to potential dangers to life, personal freedom, and physical harm, within the jurisdiction where the First Information Report (FIR) is filed.
These concerns could also include the fear of violations of the right to life or liberty due to arbitrary actions, as well as health issues or disabilities faced by individuals seeking limited anticipatory bail outside their territorial boundaries.
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