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Magistrate Not Required To Record Statement Of Public Servant Who Filed Complaint Before Summoning Accused: Supreme Court
The Supreme Court observed that a Magistrate is not required to record statement of a public servant who filed the complaint in discharge of his official duty before issuing summons to the accused resides outside the territorial jurisdiction.In this case, the Inspecting Officer filed complaint before the Judicial Magistrate, against a company, its managing director and others alleging offence...
Pegasus Snooping Row: Supreme Court Hearing On Pleas For Independent Probe-LIVE UPDATES
A Supreme Court bench headed by Chief Justice of India NV Ramana to hear petitions seeking probe into reports of targeted surveillance using Pegasus Spyware.The Petitions are filed by 1) ML Sharma, 2) Rajya Sabha MPJohn Brittas, 3) Journalist N Ram and Sashi Kumar, 4) Jagdeep Chokkar, 5) Narendra Mishra, 6) Journalist Rupesh Kumar Singh, 7) Journalist Paranjoy Guha Thakurta, 8) SNM Abdi and...
If Last Seen Theory Is Established, Accused Should Explain Circumstances In Which He Departed Company Of Deceased: Supreme Court
Once the fact of last seen is established, an adverse inference can be drawn against the accused if he fails to explain the circumstances in which he departed the company of the deceased, the Supreme Court reiterated in a judgment today.The bench comprising CJI NV Ramana, Justices Surya Kant and Aniruddha Bose was disposing a criminal appeal arising out of a...
"A Quarter Of A Century Has Passed": Supreme Court Directs Expeditious Trial Of A Partition Suit Pending For 26 Years
"A quarter of a century has passed in determining whether the licenser is entitled to seek occupation of the portion occupied by her son!", the Supreme Court observed while directing a Court in Pune to expedite the trial of a partition suit which is pending for 26 years.A suit was filed before the Small Causes Court, Pune in the year 1995 by a mother against her son seeking a decree...
Aim For More Inclusivity, Diversity & Community Reach: CJI N.V Ramana To Law Firms
In the Coffee Table Book launch by the Society for Indian Law Firms (SILF), Chief Justice of India, N.V Ramana urged Indian law firms to take up more pro-bono cases reaching out to those inhibited from reaching them. While praising the avenues and economic mobility law firms have provided for the fresh first-generation lawyers, he urged to enhance inclusivity and diversity, offering...
Forensic Sciences Lab Doesn't Rule Out Tampering Of Rona Wilson's Laptop : Jaising To Bombay High Court
Bhima Koregaon – Elgar Parishad accused researcher Rona Wilson's counsel told the Bombay High Court on Monday that the Forensic Science Laboratory (FSL) in Pune did not rule out tampering of his laptop and remained silent on the issue. Arguing Wilson's quashing petition under Article 226, Senior Advocate Indira Jaising submitted that FSL's failure to respond to a specific question...
Justice Arun Mishra's Old Mobile Number In List Of Potential Pegasus Surveillance Targets : Report
A mobile number which was associated with Justice Arun Mishra at one point of time was in the list of potential targets of snooping through the Isreali spyware Pegasus, reported The Wire.It was also reported that mobile numbers of two officials of the Supreme Court registry were in the list.As per the report, a Rajasthan mobile number formerly registered in the name of Justice Arun Mishra,...
Does NGT Have Jurisdiction To Take Suo Motu Cognizance Without An Application? Supreme Court To Examine
The Supreme Court shall consider on August 25 about the issue as to whether the National Green Tribunal (NGT) has jurisdiction under the provisions of the NGT Act, 2010 to take suo motu proceedings. The bench of Justices A. M. Khanwilkar and Sanjiv Khanna was hearing a string of SLPs and appeals before it. The question to be addressed was whether the NGT can exercise suo motu...
No Bar In Permitting Amendment Of Pleadings Or Filing Of Additional Documents In CIRP Application U/s 7 IBC: Supreme Court
The Supreme Court observed that there is no bar in permitting amendment of pleadings or to the filing of additional document in an application under Section 7 of the Insolvency and Bankruptcy Code.Depending on the facts and circumstances of the case, when there is inordinate delay, the Adjudicating Authority may, at its discretion, decline the request, the bench comprising Justices...
Suit For Eviction Maintainable Before Wakf Tribunal If Tenant Disputes That Property Is Not A Wakf: Supreme Court
The Supreme Court observed that a suit for eviction is maintainable before a Wakf Tribunal if the tenant disputed that the property is not a wakf.This is because the question whether a property belongs to wakf is exclusively triable by the Wakf Tribunal.In this case, the Telangana State Wakf Board filed a suit before the Andhra Pradesh State Wakf Tribunal, Hyderabad seeking eviction...
Offences Committed Outside India: Previous Sanction Of Central Govt U/S 188 CrPC Not Required At The Stage Of Cogizance But Trial Can't Be Commenced Without It: SC
The Supreme Court observed that the trial of the criminal case against an Indian citizen for offences committed outside India cannot commence without sanction of the Central Government under Section 188 of the Code of Criminal Procedure.But such previous sanction is not required at the stage of cognizance, the bench comprising Justices L. Nageswara Rao and Aniruddha Bose said.In this case,...