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The Never-Ending Bail Hearing In Delhi Riots Conspiracy Case
The prosecuting agency should not oppose bail plea citing seriousness of offence if it cannot protect accused's right to speedy trial, the Supreme Court has observed recently in a UAPA case. The Apex Court also reminded the trial courts and High Courts “a very well-settled principle of law” that bail is not to be withheld as a punishment. While the Supreme Court has yet again emphasized...
Confession Before Police Cannot Be Included In Charge Sheet: Supreme Court
The Supreme Court on Friday said that courts must ignore confessional statements recorded by police officers if they form part of the charge-sheet.Under the section 25 of the Indian Evidence Act and corresponding provision section 23(1) of the Bharatiya Sakshya Adhiniyam, confessions made by an accused to police officer are not admissible as evidence.A bench of Justice Abhay Oka and...
CJI DY Chandrachud Bats For Conducting Legal Education & Proceedings In Regional Languages
Chief Justice DY Chandrachud recently spoke at the convocation ceremony of Dr. Ram Manohar Lohiya National Law University, on the value of embracing local languages as a way of efficient justice delivery mechanism.In the address, he highlighted the cultural adjustments he faced moving from Mumbai to Allahabad as a High Court Judge and how these experiences shaped his views on the legal...
Supreme Court Directs BMW To Pay Rs 50 Lakhs Compensation To Customer For Defective Car
The Supreme Court recently disposed of a 15-year-old cheating case pending against BMW India Pvt. Ltd. and certain members of its management. The case was instituted by GVR Infra Projects, being aggrieved by BMW's supply of a defective car in 2009.Putting an end to the prolonged legal battle, the bench of CJI DY Chandrachud and Justices JB Pardiawala, Manoj Misra directed payment of Rs.50...
Supreme Court Explains Features Of Doctrine of Legitimate Expectation
Observing that the doctrine of legitimate expectation cannot be extended to the operation of a contract, the Supreme Court laid down the crucial features regarding the doctrine of legitimate expectation.The features are as follows: -"a. legitimate expectation must be based on a right as opposed to a mere hope, wish, or anticipation; b. legitimate expectation must arise either from an express...
Chief Information Commissioner Has Power To Form Benches & Frame Regulations For Smooth Functioning Of Central Information Commission: Supreme Court
The Supreme Court recently held that the Chief Information Commissioner (CIC) has the power to form benches and frame regulations for the effective management of the affairs of the Central Information Commission under Section 12(4) of the Right to Information Act, 2005.A bench of Justice Vikram Nath and Justice Satish Chandra Sharma held –“Crucially, Section 12(4) of the RTI Act...
Writ Petition By Teachers Not Maintainable Against Private School Over Service Disputes : Supreme Court
The Supreme Court held that a writ petition under Article 226 of the Constitution couldn't be entertained against a private education society for adjudication of private service disputes.The Court also held that the Army Welfare Education Society cannot be considered as "State" under Article 13 of the Constitution.Setting aside the High Court judgment, the bench comprising Justices JB...
'Continuous' 7-Yrs Practice As Advocate Not Required For District Judge Appointment: Himachal Pradesh High Court
The Himachal Pradesh High Court has ruled that continuous practice as an advocate for seven years is not required for appointment as an Additional District and Sessions Judge under Article 233(2) of the Indian Constitution.Delivering the judgment, the court said:“Article 233(2) of the Constitution of India does not require continuous practice for seven years as an Advocate; it merely...
'What Kind Of Order?' : Supreme Court Questions HC For Deferring Release Of Accused By 6 Months Despite Granting Him Bail
The Supreme Court on Friday (July 12) raised concerns over a "strange" order by the Patna High Court that granted bail to an accused in a murder case but directed his release only after six months, without providing any reason for this condition.A bench of Justice Abhay Oka and Justice Ujjal Bhyan granted interim bail to the accused, one Jitendra Paswan, subject to the conditions outlined in...
Supreme Court Issues Notice On Satyendra Jain's Plea Against VIPS Chairman Over Cross-Examination Of A Witness In An Election Matter
The Supreme Court on July 12 issued notice on a plea filed by former Delhi Minister Satyendra Jain against Dr SC Vats, Chairman of the governing council of Vivekananda Institute of Professional Studies (VIPS). The case pertains to a witness sought to be cross-examined by Jain in a 2020 election petition filed by Vats challenging his election from Shakur Basti, Delhi.A bench of Justices Surya...
Should Trial In Predicate Offence Be Concluded Before Trial In Money Laundering Case? Supreme Court To Decide
The Supreme Court (on July 12), while hearing a Special Leave Petition that raised the question of law whether the trial in predicate offence should conclude first before the commencement of trial in a money laundering case, said that the matter needs to be heard. The Bench of Justices Abhay S. Oka and Augustine George Masih was hearing the plea of Santiago Martin, a giant...
Indian Citizenship Should Not Be Doubted Due To Minor Variations In Name Spellings In Electoral Rolls Or Govt Records: Supreme Court
The Supreme Court on Thursday (July 11) highlighted the challenges faced by uninformed or illiterate individuals in rural areas, particularly in Assam, to prove Indian citizenship without having official documents.A bench of Justice Vikram Nath and Justice Ahsanuddin Amanullah highlighted that it is common for such persons to lack government-issued documents, especially when they do not own...