Supreme Court: Compassionate Appointees Cannot Later Claim Entitlement to a Higher Post  ||  NCLAT New Delhi: Insolvency Pleas Cannot Be Admitted When Information Utility Records Show a Dispute  ||  NCLAT: Issuing Cheques For Another Entity’s Liabilities Does not Constitute Operational Debt  ||  NCLAT: SEBI Penalties Imposed After Liquidation Begins are Not Admissible as Claims  ||  NCLT Reiterates That an Auction Purchaser is Not Liable For a Corporate Debtor’s Electricity Dues  ||  Delhi HC Upholds Interim Injunction Against 'Power Flex' in Bata’s Trademark Infringement Case  ||  Calcutta High Court: Mere Presence of Alcohol in Post-Mortem Cannot Bar Compensation to Heirs  ||  Kerala High Court: Review Petition Cannot Be Entertained Against an Order Refusing Arbitration  ||  J&K High Court: Umadevi Judgment Does not Justify Perpetual Temporary Employment  ||  SC: Public Premises Act Prevails over State Rent Laws For Evicting Unauthorised Occupants    

SC: Section 43D (5) UAPA Act Does Not Oust Ability of Constitutional Courts to Grant Bail - (02 Feb 2021)

CRIMINAL

Supreme Court has held that Section 43D (5) of Unlawful Activities (Prevention) Act, 1967 (UAPA Act) per¬ se does not oust the ability of Constitutional Courts to grant bail on ground of violation of Fundamental Right to Speedy Trial. The Court has also observed that the rigours of the provision will melt down where there is no likelihood of trial being completed within a reasonable time and the period of incarceration already undergone has exceeded a substantial part of the prescribed sentence.

Tags : SUPREME COURT   ABILITY OF CONSTITUTIONAL COURTS TO GRANT BAIL  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved