Supreme Court invokes 'Doctrine of Transferred Malice' (Section 301 IPC) and restores conviction of accused for Murder [Read Judgment]

High Court has failed to take into consideration the doctrine of transfer of malice as provided in Section 301 of the Court, the Bench said.The Supreme Court, on Thursday, in State of Rajasthan vs. Ram Kailash alias Ram Vilas restored the conviction of a murder accused under Section 302 IPC by setting aside the Judgment of High Court of Rajasthan which had altered it to conviction under...

Second Complaint to Consumer forum maintainable if Consumer Protection Rules do not prohibit it: SC [Read Judgment]

Supreme Court, on Thursday, has reiterated that second complaint to a Consumer District Forum is maintainable, if relevant Consumer Protection Rules do not expressly prohibit it. Apex Court Bench of Justices Madan B. Lokur and R.K. Agrawal made this observation in Indian Machinery Company vs. M/s. Ansal Housing & Construction Ltd. ContextNational Commission had held that a second complaint...

Supreme court directs CBI to conduct de novo investigation in Raju Pal murder case [Read Judgment]

If the investigation is neither effective nor purposeful nor objective nor fair, it would be the solemn obligation of the courts, if considered necessary, to order further investigation or reinvestigation as the case may be, to discover the truth so as to prevent miscarriage of the justice, said the Bench while asking CBI to investigate the case.Supreme Court, on Friday last week, in Pooja...

Bombay HC exonerates Two Senior Advocates from Allegations of Misrepresenting facts; Issues Contempt notices against Advocates who made the allegations [Read Judgment]

Bombay High Court on Friday vindicated two Senior Advocates. and a host of other lawyers from accusations of conspiring with the client and defrauding the High Court.Justice A.K. Menon instead issued show cause notice for criminal contempt against Advocates Kuldip Pawar and Nilesh Ojha and their client Mr. Prasad Arvind Sant, the makers of these allegations.Issuing the notices, the...

Supreme court weekly Round Up-3 (Jan 18-22)

JudgmentsSection 6 Dowry Prohibition Act explainedSupreme Court on Tuesday held that giving of dowry and the traditional presents at or about the time of wedding does not in any way raise a presumption that such a property was thereby entrusted and put under the dominion of the parents-in-law of the bride or other close relations so as to attract ingredients of Section 6 of the Dowry...

Strict action against errant docs, tab on diagnostic centres must to curb Female Foeticide: Panel to SC

Members of the Supreme Court-appointed National Inspection and Monitoring Committee has told the apex court that only strict curbs and regulation in the working of doctors, diagnostic centres and hospitals will help curb the menace of female foeticide across the country, which is more rampant in north India states.According to the latest estimates, five lakh female foetuses are aborted...

Centre not required to invite Public Tenders for strategic Defence equipment: SC [Read Judgment]

A Division bench of the Supreme Court held on Wednesday that the Centre is not required to invite public tenders for purchase of strategically and critically important apparatus used in defence equipment. The subject matter involved in the case at hand was submarine batteries required for the Indian Navy."Advertisements are issued calling for tenders only for common use items which are...

Prosecute Litigants who indulge in filing false claims in Courts invoking Section 209 IPC: Delhi HC

Delhi High Court, on Friday, called upon the Courts to invoke Section 209 of the Indian Penal Code in appropriate cases against the litigants who indulge in false claims. Justice J.R. Midha of Delhi High Court said that the litigants indulge in false claims because of the confidence that no action will be taken.ContextThe Court made these observations in its 99 page judgment in Regular...

RBI Governor for Transparency

Most institutions in our country pay tributes to the idea of transparency, but usually display an allergy to it when asked to provide information and show accountability under Right to Information.  A recent judgment of the Supreme Court and Mr. Raghuram Rajan’s response  appear to herald a very welcome change.  Reserve Bank of India and some financial institutions had refused to...

SARFAESI Act cannot override Rent Control Laws; Tenants cannot be evicted using provisions of SARFAESI Act: Supreme Court

A tenant cannot be arbitrarily evicted by using the provisions of the SARFAESI Act as that would amount to stultifying the statutory rights of protection given to the tenant. A non obstante clause (Section 35 of the SARFAESI Act) cannot be used to bulldoze the statutory rights vested on the tenants under the Rent Control Act, the Court said.In a significant ruling, Supreme Court of India has...

A death-row convict gets a fresh lease of life ; SC to re-hear ​Red Fort attack convict Mohd.Arif’s Review Petition

On 2 September 2014, a Constitution Bench of the Supreme Court had deprived a death-row prisoner of the opportunity of open hearing of his review petition by three Judges of the Supreme Court, even while extending this right to other death-row convicts, whose earlier review petitions might have been dismissed by Judges in chambers.  The reason which the bench offered then was that the...

Fali S. Nariman resigns from CPIL; Bhushan Files detailed submissions explaining the working of CPIL [Read Submissions]

Centre for Public Interest Litigation (CPIL) today submitted its stand before the Supreme Court, following the confusion that ensued regarding its working, after certain submissions made before the Court on January 12 were allegedly 'misreported' by the media. The submissions on behalf of CPIL today were signed by five senior lawyers, Mr. Anil Divan, Mr. Shanti Bhushan, Mr. Colin Gonsalves,...