Supreme court
Hate Speech | 28 States/UTs Have Appointed Nodal Officers As Per 'Tehseen Poonawalla' Judgment : Centre Tells Supreme Court
The Centre has informed the Supreme Court that 28 states have appointed nodal officers in terms of directions in the 'Tehseen Poonawalla' guidelines in which the Court had issued guidelines to prevent mob violence and lynching. The status report was filed by the Centre in a batch of petitions seeking directions to prevent/curb hate speech.As per the Centre's status report, the States...
Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [October 1 – 8, 2023]
Citations: 2023 LiveLaw (SC) 844 To 2023 LiveLaw (SC) 863SUBJECT WISE INDEXBurden of ProofDistinction between the burden of proof and the burden of going forward with the evidence. Generally, the burden of proof upon any affirmative proposition necessary to be established as the foundation of an issue does not shift, but the burden of evidence or the burden of explanation may shift from one...
Whether Subsequent Change Of Law Can Be A Ground To Challenge Acquittal : Supreme Court To Decide
The Supreme Court is set to examine whether a subsequent change in law can be a ground for condoning delay or to disturb the acquittal finding.To provide a brief background, the Bench of Justices Hrishikesh Roy and Sanjay Karol recently (on November 06) issued notice in a special leave petition (SLP) filed against an interim order of the Kerala High Court. Therein, the High Court had admitted...
Supreme Court Monthly Digest September 2023
Citations: 2023 LiveLaw (SC) 737 To 2023 LiveLaw (SC) 843SUBJECT WISE INDEXAbortion'No immediate threat to mother's life; no foetal abnormality' : Supreme Court rejects married woman's plea to abort 26-week pregnancy. X v. Union of India, 2023 LiveLaw (SC) 840AdvocateSupreme Court directs Manipur bar associations to not prevent lawyers of any community from appearing before courts; warns...
'Should Not Have Waited For 13 Years ': Supreme Court Dismisses Specific Performance Suit Filed In 1999 For Sale Agreement Of 1986
The Supreme Court recently set aside the decree passed in a civil suit for specific performance filed in 1999 for the enforcement of an agreement to sell executed in 1986.A bench of Justice Rajesh Bindal and Justice Vikram Nath said that the aggrieved party should have taken remedial measures on time not waited for 13 years to file a suit for specific performance. According to the facts of...
Writ Petition Against An Award Passed By A Facilitation Council Under MSMED Act Not Maintainable: Supreme Court
The Supreme Court recently held that a writ petition against an award passed by a Facilitation Council under the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 would not be maintainable. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra held that the correct remedy against an award under the Act was provided under Section 34 of...
Eligibility Conditions For Post Can't Be Relaxed After Last Date Of Applications Without Giving Wide Publicity: Supreme Court
The Supreme Court recently reiterated that eligibility criteria for a post, as set out in the Rules, could not be relaxed unless the said relaxation was envisioned in the Rules or advertisements for the post. Further, in case of any such relaxation passed, the same had to be widely publicised to be held valid.The batch of appeals concerned the recruitment on the post of Junior Office...
Law Does Not Require Only An Independent Witness To Prove NDPS Act Charges: Supreme Court
The Supreme Court recently held that the law does not require only an independent witness to prove a charge attracting the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). A bench of Justice M M Sundresh and Justice Aravind Kumar made the observation while considering a case where the appellant had been found guilty of an offence under Section 15 of the NDPS...
Extra-Judicial Confession Must Be Of Sterling Quality: Supreme Court Doubts 'Confession' To Brother Of Deceased
The Supreme Court recently while acquitting a convict in a murder case held that evidence of persons before whom extra-judicial confession is made must be of sterling quality.The Court observed, “When prosecution relies upon the evidence of extra-judicial confession, normally, the Court will expect that the evidence of the persons before whom extra-judicial confession is allegedly made must...
Magistrate Can't Entertain Protest Petition Against Own Order Taking Cognisance: Supreme Court
Judicial Magistrate cannot entertain a protest petition against an order taking cognisance of a final report, held the Supreme Court in a recent judgment.In this case, a Chief Judicial Magistrate took congizance against one accused for the offence of murder based on a final report filed by the Crime Investigation Department.The victim's father filed a protest petition taking objection to...