'If Convict's Advocate Was Absent, HC Should've Appointed A Lawyer For Him' : Supreme Court Criticises HC Deciding Criminal Appeal Without Hearing

The Supreme Court recently examined a controversial conviction by the Madhya Pradesh High Court in a triple murder case that was based on a modified charge, noting the absence of the appellant's advocate during the hearing. The Court highlighted procedural errors and the failure to provide notice regarding the proposed alteration of the charge, which resulted in a breach of legal principles...

Virtual Hearing Facilities Can't Be Restricted To Advocates/Litigants Above A Particular Age : Supreme Court

The Supreme Court, while mandating hybrid hearings in all High Courts across the country, expressed its concern over the absence of uniform Standard Operating Procedures (SOPs) in High Courts, highlighting the need for a clear and consistent approach to electronic access for hearings. The bench comprising Chief Justice DY Chandrachud, Justice J.B. Pardiwala and Justice Manoj Misra also...

Orissa High Court Orders Regular Training Of Notaries, Inspection Of ‘Notary Registers’ By District Judges Twice A Year

The Orissa High Court on Tuesday ordered the State Government to organize training programmes for all the Notaries on a regular basis, either through physical or virtual mode to apprise them of their statutory duties and functions, also what they can do and what they must avoid doing.While taking judicial notice of extra-legal practices adopted by Notaries, the Division Bench of Justice...

Can A Juvenile In Conflict With The Law Seek Anticipatory Bail Under S. 438 Cr.PC? Supreme Court To Consider

The Supreme Court is set to consider the question of whether an Anticipatory Bail filed under Section 438 of the Criminal Procedure Code, 1973 by a juvenile in conflict with the law as the per Juvenile Justice (Care and Protection of Children) Act, 2015 is maintainable.A bench of Justice Hrishikesh Roy and Justice Sanjay Karol issued notice to the State on Monday (9th October) in an appeal...

Caste Or Religion Of Litigant Should Never Be Mentioned In Judgments : Supreme Court To All Courts

The Supreme Court has deprecated the practice followed by certain Trial Courts and High Court of mentioning the caste or religion of a party in the cause-title of the judgment.While deciding a criminal appeal arising from a child sex abuse case in Rajasthan, the Supreme Court was surprised to note from the cause-title of the judgments of the Trial Court and the High Court that the...

PIL Claims Telangana Only State Without Crop Insurance Scheme To Protect Farmers, High Court Issues Notice

The Telangana High Court has issued notice to the State, Centre, Commissioner of Agriculture and Director of Horticultural in a Public Interest Litigation for implementation of the comprehensive 'Crop Insurance Scheme' in the State.The PIL was taken up by the division bench of Chief Justice Alok Aradhe and Justice N.V. Shravan Kumar based on a letter authored by Advocate Rapulu Bhaskar...

Accused Has No Right To Produce Any Material At The Time Of Framing Of Charge: Supreme Court

The Supreme Court held that at the stage of framing charges, the accused does not have the right to produce any material or documents to contest the case. The Court further emphasized that at the charges stage, the trial court should base its decision solely on the chargesheet material provided by the prosecution, presuming the material to be true for the purpose of determining the existence of...

'Several Disputed Facts': Sikkim High Court Dismisses Sikh Body's Plea To Restore Guru Granth Sahib, Religious Articles In Gurudwara

The Sikkim High Court on Tuesday dismissed a writ petition filed by Sri Guru Singh Sabha, a Sikh body, seeking the restoration of Guru Granth Sahib and other religious articles in a Gurudwara which were removed from the Gurudwara in 2017 and have been at the centre of a heated legal battle.Justice Meenakshi Madan Rai said the case raised multifaceted questions of fact and legality that...

SC Collegium Proposes Appointment Of Two Judicial Officers As Tripura HC Judges, Says Cogent Reasons For Not Recommending Senior Judicial Officers

The Supreme Court Collegium comprising CJI DY Chandrachud and Justices Sanjay Kishan Kaul & Sanjiv Khanna has recommended the names of two judicial officers for appointment as judges of the Tripura High Court. Those recommended for elevation are Shri Biswajit Palit and Shri Sabyasachi Datta Purkayastha.The Acting Chief Justice of the High Court of Tripura in consultation with his...

Delhi Court Takes Cognizance Of Rape And Criminal Intimidation Offences Alleged Against Former Union Minister Shahnawaz Hussain, Summons Him

A Delhi Court has taken cognizance of the offences of rape and criminal intimidation against BJP leader and former union minister Shahnawaz Hussain and summoned him to appear before it on October 20. The FIR was registered on the complaint of a woman alleging the offence of rape and criminal intimidation by Hussain, amongst other offences. After completion of investigation, the Delhi Police...

Supreme Court Collegium Recommends Appointment Of Five Judicial Officers As Judges Of Kerala High Court

The Supreme Court Collegium headed by Chief Justice D.Y. Chandrachud, has recommended the names of five Judicial Officers for appointment as as Judges of the Kerala High Court. In its resolution dated October 10, 2023, the Collegium stated that the Kerala High Court Chief Justice, had recommended the elevation of the five judicial officers, in consultation with his two senior-most colleagues,...

Distinction Between 'Common Intention' & 'Common Object' : Supreme Court Explains While Setting Aside Conviction In Triple Murder Case

The Supreme Court recently revisited a critical distinction between "common intention" and "common object", which are mentioned in Sections 34 and 149 of the Indian Penal Code (IPC) respectively. The Court relied on Chittarmal v. State of Rajasthan, which had previously addressed the conversion of charges from Section 302 read with Section 149 of IPC to Section 302 read with Section 34 of...