Supreme court
S.313 CrPC | Non-Questioning On Incriminating Circumstances Vitiates Trial If It Resulted In Material Prejudice To Accused :Supreme Court
The Supreme Court on Monday (July 8) held that the non-questioning of an accused on 'incriminating circumstances' and depriving him of an opportunity to explain the incriminating circumstances under Section 313 of the Code of Criminal Procedure ("CrPC") would vitiate the trial if such omission result in a miscarriage of justice. The Court said that non-adherence to the provision of Section 313...
Supreme Court Upholds Provision Of Age Relaxation To Shiksha Karmis In Recruitment To Post Of Prabodhak In Rajasthan
The Supreme Court upheld the age relaxation provided to Shiksha Karmis and other government educational project employed candidates for direct recruitment to the post of Prabodhak (teacher) under the Rajasthan Panchayati Raj Prabodhak Service Rules, 2008.A bench of Justice Surya Kant and Justice KV Viswanathan noted that educational projects were implemented to address the issue of...
'Disabling Humour' Disparaging Persons With Disability Must Be Distinguished From 'Disability Humour' : Supreme Court
The Supreme Court today (July 8) in a significant ruling on the Rights of Persons with Disabilities (PwDs) laid down guidelines for ensuring their sensitive portrayal by Creators on Visual and Electronic Media. The Court also highlighted the difference between 'disability humour' and 'disabling humour' which often gets overlooked by the media creators.The Bench of CJI DY Chandrachud and...
Court Need Not Always Impose Bail Condition Requiring Foreign Accused To Obtain Embassy's Assurance On Not Leaving India: Supreme Court
The Supreme Court clarified today that courts need not impose a bail condition requiring a foreign accused to obtain assurance from his country's Embassy/High Commission that he will not leave India and would appear before the court as required.A bench of Justice Abhay S Oka and Justice Ujjal Bhuyan allowed an appeal by a Nigerian national challenging such a condition imposed on...
Supreme Court Apprehensive About Employers Shunning Women If Menstrual Leave Is Mandated, Asks Centre To Examine
The Supreme Court on Monday (July 8) asked the Union to consult all stakeholders on the question of having a menstrual leave policy for working women. The Court also expressed apprehension that such a policy may not be welcomed by the employers and create troubles for women seeking jobs. The bench led by CJI DY Chandrachud comprising Justice JB Pardiwala and Manoj Misra was hearing a...
'They Must Not Be Lampooned' : Supreme Court Issues Guidelines To Visual Media For Portrayal Of Persons With Disabilities
In a notable judgment delivered today, the Supreme Court has issued a set of guidelines to the visual media to ensure a dignified portrayal of persons with disabilities. The Court stressed that portrayals which carry negative stereotypes about persons with disabilities would impact their dignity and perpetuate social discrimination against them.A bench comprising Chief Justice of India...
Supreme Court Takes Suo Motu Case Over Amounts Deposited With Motor Accident Claims Tribunals & Labour Courts Without Being Given To Claimants
The Supreme Court has initiated a suo moto writ petition over large sums of money lying deposited in Motor Accident Claims Tribunals (MACT) and labour courts without being given to the beneficiaries.A bench of Justice Abhay Oka and Justice Agustine George Masih said that an administrative order has been passed by Chief Justice of India DY Chandrachud initiating a case based on an email sent...
Supreme Court Forms Committee Headed By Ex-CJI UU Lalit To Resolve Deadlock Over West Bengal Universities' VC Appointments
The Supreme Court today (July 08), in an ongoing dispute between the West Bengal government and Governor CV Anand Bose (Chancellor of Universities) regarding the appointment of Vice-Chancellors (VC) of Universities, has ordered the constitution of a separate or joint Search Selection Committee. The committee will be headed by former Chief Justice of India UU Lalit (chairperson) and will...
Bail Condition Enabling Police To Constantly Track Movement Of Accused Can't Be Imposed: Supreme Court
The Supreme Court on Monday held that there cannot be a bail condition that enables the police to constantly track the movements of the accused and virtually peep into the privacy of the accused.A bench of Justice Abhay S Oka and Justice Ujjal Bhuyan was examining whether a bail condition requiring an accused to drop a pin on Google Maps for the investigating officer to access his...
Supreme Court Biannual Digest 2022 - 2023 -Evidence Act
AbscondingEffects of Absconding - Mere absconding by itself cannot constitute a sole factor to convict a person. It may be because an accused may abscond as he might fear an illegal arrest. (Para 25) Harvinder Singh @ Bachhu v. State of Himachal Pradesh, 2023 LiveLaw (SC) 889AdmissionAny concession or admission of a fact by a defence counsel would definitely be binding on his client, except...
Supreme Court Monthly Round-Up: June 2024
As the Supreme Court prepares to reopen on July 8 and the vacation period concludes, LiveLaw brings you its monthly digest of June. This digest will keep you updated on all the significant developments that occurred before the Vacation Benches. From the progress in Kejriwal's plea against the Delhi High Court's interim order staying his bail to updates on the NEET-UG 2024 matter, we've got...