Finding recorded on evidence produced by Criminal courts is not conclusive proof of existence of any fact in a Civil Case : SC

The Supreme Court, on Wednesday, held that the evidence and the finding recorded by the criminal courts in a criminal proceeding cannot be the conclusive proof of existence of any fact, particularly, the existence of agreement to grant a decree for specific performance without independent finding recorded by the Civil Court.It also said that the High Court failed to consider the scope of...

Merely because a serious Charge is added at a later stage is not by itself not a ground to refuse Anticipatory Bail: SC [Read the Judgment]

Supreme Court on Monday, held that, merely because the accused is charged with a serious offence at a later stage may not by itself be the reason to refuse the grant of anticipatory bail if the circumstances are otherwise justified. The court observed that no purpose would be served in compelling the appellant to go behind bars, as an under trial, by refusing the anticipatory bail in respect...

I &B Ministry’s warning to Channel for comments on PM Modi; Delhi HC seeks reply

Sathiyam TV, a Tamil news channel has approached the Delhi High Court seeking to quash an order passed by the Ministry of Information & Broadcasting containing a “warning” to the channel for having broadcast content critical of Prime Minister Narendra Modi. The matter came up for admission today before Justice VP.Vaish. The Court issued notice and asked the respondent to file the...

Law Commission of India recommends Abolition of Death penalty except in offences related to Terrorism and Waging war [Read Report]

The Law Commission of India in its 262nd report recommendedtoday that the death penalty may be abolished for all crimes other than terrorism related offences and waging war. The Commission headed by Justice A.P. Shah said in its report “Although there is no valid penological justification for treating terrorism differently from other crimes, concern is often raised that abolition of...

Prosecution against an Economic Offender can continue even if he settles the amount with the bank: SC [Read the Judgment]

To quash the proceeding merely on the ground that the accused has settled the amount with the bank would be a misplaced sympathy, the Supreme Court said while asking the Trial court to proceed with the trial in an economic offence case registered about two and half decades ago.The Supreme Court of India today, set aside a Delhi High Court order which had quashed the Criminal proceedings...

Prof. Shamnad Basheer appointed as Honorary Research Chair Professor of the Centre for IPR, at Institute of Law, Nirma University

A facebook page of the Institute of Law, Nirma University announced recently that the illustrious Prof. Shamnad Basheer was appointed as the Honorary Research Chair Professor of the Centre for IPR, at Institute of Law, Nirma University.When asked about this appointment, Prof Basheer confirmed it to us via email and noted: “It's a great honour to be appointed to this position. I've been to Nirma a couple of times in the past and was very impressed with their vision for legal education.”Prof Purvi...

Accepting or giving bribe by foreign public officials punishable with jail term up to 7 years: 258th Report, Law Commission of India

Law Commission of India has released its 258th Report titled “Prevention of Bribery of Foreign Public Officials and Officials of Public International Organizations – A Study and Proposed Amendments”.The report makes accepting or giving bribe by foreign public officials a criminal offence entailing a jail term of up to seven years and makes active as well as passive bribery punishable....

Breaking; Law Commission of India suggests to make “Right to Childhood Care” a fundamental Right [Read the 259th Report]

Law Commission of India has released its 259th Report titled, “Early Childhood Development and Legal Entitlements”, highlighting the issues relating to the rights of children under the age of six years. The Commission took up the study on request of some of the representatives of Alliance for Right to Early Childhood Care & Development and Mobile Crèches, who met the Commission...

‘Procedure’ is meant only to facilitate the administration of justice and not to defeat the same: Supreme Court [Read the Judgment]

In a Judgment on a Civil Appeal [BanwariLal (d) VsBalbirSingh] which it pronounced today, the Supreme Court reiterated that ‘Procedure is meant only to facilitate the administration of justice and not to defeat the same.’ On sufficient cause, delay in bringing the legal representatives of the deceased party on record should be condoned. A Bench of Justices T.S.Takur and R. Bhanumathi,...

Centre ‘wins’ legal battle against Ex-army man, who served the Country for 15 yrs, fighting for ‘disability pension’ in SC [Read the Judgment]

Amidst heated discussions with the Ex Serviceman on the issue of One Rank One Pension who are cornering it with protests and strike unto deaths, the Central Government today can comfort itself with that fact that it has won a Four-year legal battle with an Ex-Army man, as Supreme Court allowed the Centre’s appeal, quashing the Tribunal order which had entitled him to get disability...

Uphaar 'Re'tragedy : Judge centric sentencing & Future course

6 days back, a three judge bench of the Supreme Court imposed a fine of Rs 30 Crores each on Gopal & Sushil Ansal pertaining to the tragic fire incident in 1997 at the Uphaar Cinemas, Delhi claiming lives of 59 cine enthusiasts due to asphyxia. The only reason awarded in a 2 para judgment is old age. Not only does such sentencing gives a wrong message that the rich and influential can...

SC sets aside concurrent findings of courts below awarding compensation to accused for Malicious Prosecution [Read the Judgment]

The Supreme Court has set aside the judgment (State of Rajasthan vs. Jainudeen Shekh and Anr.) passed by the trial court (which was affirmed by the Rajasthan High Court) granting compensation under Section 250 of the Cr.P.C.,  of an amount of Rs.1,50,000/- to each of the respondents who had been arraigned as accused for the offences punishable under Sections 8/21(B) and 8/29 of the...