Supreme Court Issues Notice In PIL Seeking Bar Councils To Collect Data On Candidates With Disabilities To Shape Policies For Disabled Lawyers

On November 6, 2023, the Supreme Court issued notice in a Public Interest Litigation (PIL) that urges the Bar Council of India (BCI) and State Bar Councils across the nation to collect comprehensive data on candidates who are Persons with Disabilities (PWD) regarding their specific disabilities. As per the plea listed before a bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and...

Is S.437 CrPC Unconstitutional For Requiring Acquitted Persons To Execute Bail Bonds For Release? Supreme Court To Consider

The Supreme Court today (06.11.2023) issued notice to the Union of India in a plea challenging the constitutionality of Section 437A of the Code of Criminal Procedure (CrPC). The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, whiling issuing notice, sought the assistance of the Attorney General for India (AG) R Venkatramani in the matter. Section 437A of...

No Hard & Fast Rule That Convict Must Undergo Particular Period Of Sentence Before Seeking Its Suspension : Supreme Court

There is no hard and fast rule that a convict should serve sentence for a particular period before the application to suspend the sentence can be considered, clarified the Supreme Court recently.A bench of Justices Abhay S Oka and Pankaj Mithal was considering a special leave petition filed against an order of the Gujarat High Court refusing to suspend the sentence.The High Court had counted...

Will The Mandate Of The Tribunal Terminate Under Section 29A Unless Extended During Its Subsistence? Supreme Court To Examine

The Supreme Court is set to examine an important issue related to the arbitration law that whether the mandate of the tribunal terminates upon the expiry of the time provided under Section 29A unless extended during its subsistence. The bench of Justices Sanjiv Khanna and S.V.N. Bhatti has issued notice in an SLP filed against the order of the Calcutta High Court wherein the High...

'Approach High Court' : Supreme Court Dismisses Popular Front of India's Plea Against Central Govt's Ban Under UAPA

The Supreme Court on Monday (November 6) dismissed a plea by the Popular Front of India (PFI) challenging a home ministry notification designating it and its affiliated organisations as 'unlawful associations' under the Unlawful Activities (Prevention) Act, 1967 since the now proscribed outfit did not approach a high court first. The court, however, granted PFI liberty to seek appropriate...

Why Governors Act On Bills Only After State Govts Approach Courts? This Has To Stop : Supreme Court

"Governors should not be oblivious of the fact that they are not elected authorities", CJI stated.

Chamber Judge Refers Appeal Against Registrar's Refusal To Accept Petition To Court As Matter Involves Interpretation Of Order

The Supreme Court, comprising Justice K.V. Vishwanathan (in-chamber), while hearing an application assailing the registrar’s refusal order, observed that the matter involving Court’s interpretation does not fulfil the “ingredients” of Order XV Rule 5 of the Supreme Court Rules. The same permits the party to appeal against such refusal order within the timeline of 15 days. Thus,...

Murder Trial | Non-Explanation Of Injuries On Accused Will Create Doubts On Prosecution Version : Supreme Court

In a criminal appeal against conviction in a murder case, the Supreme Court recently observed that the non-explanation of injuries on the accused shows prosecution may have concealed the real incident.A three-judge bench comprising Justice BR Gavai, Justice BV Nagarathna, and Justice Prashant Kumar Mishra was hearing an appeal against a judgment of the Madhya Pradesh High Court which upheld...

For Conviction Under Section 149 IPC, No Overt Act Needed; Membership Of Unlawful Assembly Enough: Supreme Court

The Supreme Court recently held that for Section 149 of the Indian Penal Code, it is not necessary to demonstrate that a person committed an illegal overt act or was guilty of an illegal omission to be held a member of an unlawful assembly. The punishment prescribed by Section 149 is, in a sense, vicarious, and does not mandate that every member of the unlawful assembly has personally...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [September 25 – 30, 2023]

Citations: 2023 LiveLaw (SC) 822 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...

Supreme Court Asks NLU Jodhpur To File Progress Report On Regularisation of Staff

Recently, the Supreme Court (On October 31) asked the National Law University, Jodhpur, to submit a progress report regarding the regularisation of its faculty within two months. This matter is related to the University mainly employing teachers on contract basis. The Court had earlier expressed concerns about the University having only contractual staff.The matter was placed before the Bench...

Supreme Court Half Yearly Digest 2023 -Criminal Trial

Section 197 Cr.P.C. - Sanction required even for acts done in excess of official duty. A. Srinivasulu v. State of Rep. by the Inspector of Police, 2023 LiveLaw (SC) 485Section 319 Cr.P.C. - Person not named in the FIR can be added as accused if there's sufficient evidence of his involvement. Jitendra Nath Mishra v. State of U.P., 2023 LiveLaw (SC) 480 : AIR 2023 SC 2757 : 2023 INSC...