SC Bench Divided Over Effect of Acquittal for Conspiracy Charges, But Conviction for Abetment [Read Judgment]

Can an accused, who is acquitted of charges of conspiracy (Section 120B IPC), still be convicted for abetment (Section 109 IPC)? A Division Bench of the Supreme Court has expressed divergent views on Somasundaram vs. State and another Bench will be answering this question.Three accused, whose conviction and sentences awarded by the sessions court for offences punishable under Section 302...

BCI Proposes To Take Over CLAT [Read Counter Affidavit]

In its counter-affidavit filed in the Supreme Court in response to Prof. Shamnad Basheer’s petition for a permanent CLAT (Common Law Admission Test) body, the Bar Council of India (BCI) has offered to conduct Common Law Entrance Test.The BCI counter-affidavit stated: “That the answering respondent proposes Bar Council of India may be permitted to constitute the body of experts through...

Lodha Panel Seeks Action Against BCCI Top Brass; CJI Slams Board [Read Report]

"If the BCCI thinks that they are law unto themselves, then they are wrong. They have to comply with the directions of the court. You (BCCI) are behaving like Lords. Fall in line otherwise we will make you fall in line. BCCI is bringing the system to disrepute by not following the directions" CJI T S THAKUR TO BCCI.The BCCI row took a sudden new twist with the Lodha panel today moving...

Tug Of War For Power Supremacy & Casualty Of Justice: A Critique On The Cauvery Dispute Resolution Process And Its Effect

The Cauvery dispute is developing itself into a bigger legal crisis – not just a “lis” between Karnataka and Tamil Nadu, but into an in-depth constitutional crisis.The debate over sharing Cauvery water predates to the late British era (1890s), wherein the Mysore princely state and the Chennai presidency (which was under the British Raj) had to come into terms with agreeing on a divide....

SC Directs Strict Compliance With Gutkha, Pan Masala Ban [Read Order]

The Supreme Court has directed the Centre and state governments to strictly enforce regulations banning gutkha and pan masala.The two-judge Bench comprising Justice Gopal Gowda and Justice Adarsh Kumar Goel was hearing a batch of petitions relating to the issue.The Bench agreed with amicus curiae Senior Advocate Gopal Subramanium and made it clear that has not granted any stay of Regulation...

PIL In Bombay HC Questions BCI Age Bar For Studying Law [Read Petition]

A public interest litigation has been filed in the Bombay High Court challenging the Bar Council of India resolution and circular to revive Rule 28 of Schedule III of Part IV of the Bar Council of India Rules prescribing age limit for studying three-year and five-year LLB courses.The petition is filed by Yasmin E Tavaria, an honorary part-time professor at the Government Law College,...

Recording Reasons Is Fundamental To Transparency, Justice Chelameswar Justified In Asking For It: Justice Ruma Pal

Former Supreme Court judge Justice Ruma Pal recently expressed agreement with Justice Chelameswar’s insistence on the collegium making public its reasons for appointment of judges.“Justice Chelameswar is asking for nothing more than what was laid down in the Second Judges' Case (1993) that reasons for decisions to appoint need to be recorded. One reason the collegium was set up was to...

Supreme Court Weekly Round-Up

Rape-Murder of 7 year old- Death penalty commutedThe Supreme Court has commuted the death penalty imposed by the Trial Court and the High Court on Kamlesh @Ghanti who was found guilty of raping and murdering a seven year old girl. Three Judge Bench comprising Justice Ranjan Gogoi, Justice Prafulla C. Pant and Justice Uday Umesh Lalit upheld the conviction of the accused under Section 376A,...

Breaking: Four Death Row Convicts Escape Gallows In Just 10 Days; SC Commutes Death In Another Rape-Murder Case [Read Order]

In Last ten days  Supreme Court altered the destiny of four persons accused of heinous crime of rape and murder, as they escaped gallows to which they were condemned to Death by the High Courts and Trial Courts.In Last Ten days, the Three Judge Bench comprising Justice Ranjan Gogoi, Justice Prafulla C. Pant and Justice Uday Umesh Lalit, set aside the death penalty and commuted the sentence...

SC Stays Mandatory Use Of Aadhaar For Scholarship Schemes [Read Order]

The legal questions surrounding Aadhaar continue to trouble the government.Can the government use Aadhaar or not?If it can use, will it be voluntary or mandatory?And it seems that there are no easy answers from the courts. On 14 September, the Supreme Court granted an interim stay against the mandatory use of Aadhaar for scholarship schemes given by the Centre.All Bengal Minority...

Delhi University Photocopy Shop Judgement: A Landmark In The Access To Knowledge Movement In India

The litigation initiated by some of the major publishers like Oxford University Press and Cambridge University Press against University of Delhi and a small scale photocopy service operating within the premises of Delhi School of Economics (University of Delhi) has been one of the most keenly watched litigations in the area of copyright law. The photocopy service in question has been selling...

Breaking: Murder of Wife, 5 Minor Kids: SC Acquits Dhal Singh By 2:1 majority [Read Judgment]

Supreme Court of India Today, acquitted Dhal Singh Dewangan, who was sentenced to death by the Chhattisgarh High Court for killing his wife and five minor children by a 2:1 Majority.Justices Ranjan Gogoi and UU Lalit has set aside the High Court judgment that confirmed the death penalty imposed by the District and Sessions Court of Durg holding that  the prosecution, on the basis of...