Madras HC Advocates Urge SC Collegium To Recall Proposal To Elevate Victoria Gowri Citing Statements Against Minorities & Political Affiliation

Amid the controversy over judicial appointments escalating, the decision of the Supreme Court collegium to nominate Advocate Lekshmana Chandra Victoria Gowri for judgeship at the Madras High Court has come under the scanner, with a section of the bar criticising the recommendation as ‘disturbing’ and against the interests of the independence of the judiciary. In a letter addressed...

Hate Speech Case : Supreme Court To Hear Tomorrow Plea Seeking Action Against Hindu Jan Akrosh Event In Mumbai

The Supreme Court on Thursday agreed to hear tomorrow an intervention application seeking to prohibit an alleged hate speech event organised by Hindu Jan Aakrosh Sabha in Mumbai. Alleging that ant-Muslim hate speech was made at the rally organised by the outfit on January 28 in Mumbai, the petitioner seeks to stop the next proposed event by it in the city. After the matter...

Supreme Court Issues Directions To Avoid Delay In Release Of Prisoners After Getting Bail [Read 7 Directions]

The Supreme Court has issued the following guidelines on the issue of undertrial prisoners who continue to be in custody despite having been granted the benefit of bail on account of their inability to fulfill the conditions stipulated in the bail order or otherwise. “1)The Court which grants bail to an undertrial prisoner/convict would be required to send a soft copy of the bail order...

'For Parliament To Decide Whether To Allow Candidates To Contest From Two Seats' : Supreme Court Dismisses Challenge To Sec 33(7) RP Act

The Supreme Court on Tuesday dismissed a PIL challenging the constitutionality of Section 33(7) of the Representation of Peoples Act 1951, which allows a candidate to contest from two seats in elections.Observing that it is a matter of legislative policy, the bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala dismissed the PIL filed by...

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-VII

Q.31 Is an Officer-in-charge of a Police station empowered to grant bail in a non-bailable offence under Section 437 Cr.P.C.?Ans. Yes. Except in the cases covered by Clauses (i) and (ii) of Section 437 (1) Cr.P.C. the SHO also can grant bail in a non-bailable offence. (Vide Section 437(1), (2) and (4).Q.32 Is not an officer-in-charge of a Police station also empowered to grant bail...

Burden Of Proof On Accused To Prove Plea Of Insanity Is One Of Preponderance Of Probability : Supreme Court

Accepting the plea of insanity, the Supreme Court recently set aside an order passed by a trial court in 2006 convicting a man for the offence of murder. The Court noted that the appellant was undergoing treatment for schizophrenia at the time of the offence which took place in 2004. There was evidence on record that prior to the occurrence, he had underwent in-patient treatment at a...

All Courts Should Have Hybrid System For Hearing Cases, Opines Supreme Court

The Supreme Court on Wednesday verbally expressed that all courts in the country need to have in place, a hybrid system for hearing cases. Before a bench of Justices SK Kaul and Abhay Shreeniwas Oka, Senior Advocate P Wilson said that regional benches of the Supreme Court are necessary for the benefit of litigants. “With the technology that has developed now, this has...

Article 226| Writ Petition Should Not Be Dismissed On Ground Of Alternative Remedies When Only Questions Of Law Are Raised : Supreme Court

The Supreme Court observed that it is not proper to dismiss a writ petition on the ground of alternative remedy without examining whether an exceptional case has been made out for such entertainment."Where the controversy is a purely legal one and it does not involve disputed questions of fact but only questions of law, then it should be decided by the high court instead of dismissing the...

S.153A Income Tax Act| Can Assessments Be Reopened If No Incriminating Material Is Found During Search? Supreme Court Starts Hearing

The Supreme Court on Wednesday commenced hearing on whether in an assessment under section 153A of the Income Tax Act, besides the incriminating material found during search, such materials which the Assessing Officer has on hand and the third party records available can be relied on to assess total income, or whether the assessment has to confined only to the incriminating material...

BREAKING | Siddique Kappan Walks Out Of Jail On Bail After Over Two Years Of Incarceration

Over 1 month after he was granted bail by the Allahabad High Court in connection with a Prevention of Money Laundering Act (PMLA) case, Kerala Journalist Siddique Kappan today walked out of jail after spending over 2 years in jail.A Sessions Court in Lucknow yesterday signed orders to release him on Bail after accepting his bail bonds.He was arrested along with three others in Mathura on...

We Have No User Data Except Name & Phone Number; We Don't Process Personal Sensitive Data : WhatsApp Tells Supreme Court

On Wednesday, WhatsApp infomed the Supreme Court that by policy it does not process sensitive personal data of its users.A Constitution Bench bench comprising Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar was hearing the petitions which were filed challenging the 2016 privacy policy of WhatsApp. The case was referred to the Constitution Bench in 2017.On...

'Ban BBC's Operations In India' : Hindu Sena President's Plea In Supreme Court After Documentary On Narendra Modi

A PIL has been filed before the Supreme Court seeking imposition of complete ban on the British Broadcasting Corporation and BBC India from operating in the territory of India.The petition, filed through Advocate, Barun Kumar Sinha, also seeks directions to the NIA to initiate investigation against the ‘anti-India and anti-Indian Government reporting/documentary films/short films including...