The Supreme Court reprimanded Central Bureau of Investigation on delay in filing a Special Leave Petition against a Delhi High Court Judgement that reversed the conviction by the Trial Court.
The SLP was being considered by a Bench comprising of
Justices Sanjay Kishan Kaul and
Hemant Gupta. RS Suri, Additional Sessions Judge submitted before the Bench how the person convicted by Trial Court can get away scot free. Taking note of the delay of 314 days, the Bench observed:
"We are dealing with a premier investigating agency, the CBI! Learned ASG submits that dismissal on limitation amounts to letting person convicted by the trial Court albeit reversed by the High Court getting away scot free. If that be the position, first it is the CBI which has to show some seriousness in the matter of fixing responsibility on the persons responsible for the inordinate delay of 314 days in filing the SLP.”
The court opined that CBI could give no viable reason for the delay. It has therefore, directed the CBI to conduct an enquiry and identify the reasons for delay and present the same before the Court before it requests to issue notice. The Bench headed by Justice Kaul has been chiding the Government and Public Authorities by imposing costs for delayed filings of SLPs. While dismissing a SPL filed by the Central Government, delayed for about 6616 days, the Court said,
"The approach of the Union of India in the manner it has filed the present special leave petition exasperates us"
The matter will now be heard by the Court after two months.
Collegium Recommendations Pending with the Center for Over 6 Months Will Be Decided Within 3 Months, AG Tells Supreme Court
Legal Insiders
Apr 16, 2021
Athira Nair
(
Editor: Ekta Joshi
)
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In line with the latest announcement by the the Attorney General, the Center will decide the collegium recommendations made by the Supreme Court within three months. They have been pending with the ministry for over 6 months.The bench that comprised of Chief Justice of India SA Bobde, Justice Kishan Kaul and Surya Kant, have recorded this submission made by the AG.“This case would be brought to a reasonable conclusion if the center tells us the timeline it will be sticking to at every...
Entries in the balance sheet of the corporate debtor sufficient acknowledgement for the purpose of Section 18 of the Limitation Act: SC [READ JUDGMENT]
Judiciary
Apr 16, 2021
Mathews Savio
(
Editor: Ekta Joshi
)
1 Shares
The Supreme Court in its judgement in Asset Reconstruction Company (India) Limited v. Bishal Jaiswal & Anr. (CIVIL APPEAL NO.323 OF 2021) clarified the question of law and held that entries in the balance sheet can be taken as an acknowledgement of outstanding debt for the purpose of Section 18 of the Limitation Act, 1963. The judgement came from a bench comprising of Justice Rohinton Nariman, BR Gavai and Hrishikesh Roy.Section 18 of the Limitation Act, 1963 extends the period of...
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