Supreme court
Supreme Court To Hear Tomorrow Lakshadweep MP's Plea Against Lok Sabha Not Revoking Disqualification Despite Suspension Of Conviction
The Supreme Court on Monday agreed to list tomorrow a fresh petition filed by Lakshadweep MP Mohammed Faizal seeking permission to attend the Lok Sabha as his conviction has been stayed.Faizal has filed the latest petition challenging the refusal of the Lok Sabha Secretariat to withdraw the decision to disqualify him, even after his conviction has been stayed by the High Court.Senior...
'Peaceful Protest One's Constitutional Right' : Former CJI UU Lalit Raises Concerns About Rampant Use Of Section 144 CrPC In Delhi
Former Chief Justice of India UU Lalit expressed concerns over the indiscriminate invocation of Section 144 of the Code of Criminal Procedure by the Delhi police in the national capital. This provision confers vast powers on magistrates, and in the case of a commissionerate like Delhi, on the police chiefs, to issue urgent, preventive directions, including orders prohibiting...
Notification Issued By Central Govt Not Invalid Merely Because It's Not Issued In President's Name : Supreme Court
The Supreme Court of India recently upheld the notification issued by the Central Government in 2019 to abolish the Odisha Administrative Tribunal (OAT). The bench comprising Chief Justice of India DY Chandrachud and Justice Hima Kohli dismissed the petition filed by the Odisha Administrative Tribunal Bar Association challenging the Orissa High Court's decision which upheld the abolition of...
Test Identification Parade Doesn't Have Much Value When Accused Is Already Known To Witness : Supreme Court
The Supreme Court recently acquitted a man who was convicted for the offence of murder. A bench comprising Justices BR Gavai and Sanjay Karol set aside the concurrent findings of guilt recorded by the trial court and the High Court.The offence allegedly took place on 22.10.2008. As per prosecution case, one Purushothaman was murdered by the appellant Udayakumar, who was allegedly hired by...
Declare Ram Setu As A 'National Monument', Erect Wall At Site To Enable Its 'Darshan' For 'Moksha': Plea In Supreme Court
A plea has been moved before the Supreme Court seeking the construction of a wall at the Ram Setu site 'in the sea' for a few meters/kilometers to enable its 'Darshan' by all living creatures of God on the ground that its darshan guarantees Moksha.The plea, which has been filed as a writ petition under Article 32 of the Constitution of India through Lucknow-based advocate Ashok Pandey, also...
Supreme Court Acquits Man Accused Of Murdering Wife 35 Years Ago; Says Conviction Resulted In 'Travesty Of Justice'
The Supreme Court recently acquitted a man who was concurrently convicted by the trial court and the High Court for the alleged murder of his wife thirty five years ago."In our considered view, the courts below have seriously erred in passing the order of conviction based on incorrect and incomplete appreciation of evidence, causing serious prejudice to the accused, also resulting into...
Kesavananda Bharti Judgement The Fulcrum On Which Jurisprudence Of Judicial Independence Has Developed : Ex-CJI UU Lalit
The former Chief Justice of India, Justice UU Lalit in a recent lecture delivered on the "Evolution of Independence of Judiciary as a Basic Feature of the Constitution" stated that the Kesavananda Bharti judgement has given us the fulcrum on which the entire jurisprudence of independence of judiciary has since then developed. According to Justice Lalit, the celebrated judgement has nurtured...
CJI DY Chandrachud Deplores Tendency Of Male Employers To Avoid Women In Office Fearing Sexual Harassment Allegations
While speaking about the low representation of women in the legal profession, Chief Justice of India Dr. DY Chandrachud pointed out that stereotypes against women made it difficult for them to get recruited. He pointed out that in Tamil Nadu alone, for every 50,000 male enrolments, there were only 5000 female enrolments. These statistics were similar all over the country. The CJI was speaking...
Rahul Gandhi’s Conviction And Disqualification Are On Questionable Grounds
The conviction of former Congress Member of Lok Sabha, Rahul Gandhi by a Surat court for criminal defamation (Purnesh Modi vs Rahul Gandhi) has led to a debate on whether what he said, in the course of an election speech in 2019, constitutes an offence under the law. The constitutional validity of Sections 499 and 500 of the Indian Penal Code and Sections 199(1) and 199(4) of the CrPC was...
No Confrontation Between Government & Supreme Court : Union Law Minister Kiren Rijiju
On speaking about the recent media reports regarding differences between the government and the supreme court, Union Minister for Law and Justice Kiren Rijiju said that in a democracy there were bound to be differences of opinion. But it does not necessarily mean that there were conflicts between the Government of the Supreme Court or the Legislature and the...
Circumstantial Evidence| When Two Views Possible, View Favouring Accused’s Innocence To Be Adopted: Supreme Court
The Supreme Court of India on recently reiterated that in cases where two views are possible while relying on circumstantial evidence, the view favouring the accused must be preferred.Relying on judicial precedents, a Bench of Justices BR Gavai and Sanjay Karol observed, “…in cases where heavy reliance is placed on circumstantial evidence, is that where two views are possible, one pointing...