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In Cases Of Rape On False Marriage Promise, Courts Must Examine If Accused Made Promise Only To Satisfy His Lust : Supreme Court
The Supreme Court recently clarified the difference between consensual sex following a promise to marry which was broken later and intercourse based on a false promise made with mala fide intent from the start.“There is a clear distinction between rape and consensual sex and in a case where there is a promise of marriage, the Court must very carefully examine whether the accused had...
Reserved Category Candidates Availing Age Relaxation Barred From Migrating To General Category Seats If Rules Forbid : Supreme Court
The Supreme Court on Tuesday (Sep.9) observed that reserved category candidates who avail age relaxation to apply under the reserved category cannot later be considered for selection against unreserved (general) category vacancies if the recruitment rules explicitly prohibit such migration. A bench of Justices Surya Kant and Joymalya Bagchi heard the case that arose from a Staff...
Presidential Reference : Karnataka, Kerala & Punjab Argue In Supreme Court Against Giving Governors Power To Withhold Bills Indefinitely
States of Karnataka, Kerala and Punjab concluded their arguments today in the ongoing Presidential Reference relating to timelines for assent to bills, arguing that the constitutional scheme under Article 200 does not provide for the Governor to exercise discretion. While Senior Advocate KK Venugopal (for Kerala) emphasised that the Governor can't be allowed to exercise discretion in such...
'Attempt To Cover-up Poor Prosecution': Supreme Court Criticises States For Not Challenging Acquittals In PC-PNDT Cases
The Supreme Court today questioned as to why States are not filing appeals against acquittals of offenders in Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act cases.A bench of Justices BV Nagarathna and R Mahadevan was hearing a PIL where direction has been sought for strict compliance with Rule 18A(5)(vi) of the Pre-natal Diagnostic Techniques (Prohibition...
'Why Bureaucrats Should Decide Landowner Compensation?': Supreme Court Asks Union To Revisit Provisions Of National Highways Act
While questioning the provisions allowing bureaucrats to determine compensation for land acquisition, the Supreme Court yesterday asked the Union to "revisit" certain provisions of the National Highways Act, 1956.The Court orally observed that the 1956 Act leaves adjudication of compensation up to the executive, even though acquisitions under other laws, such as the Land Acquisition Act,...
Supreme Court Judges Resolve To Contribute Rs 25,000 Each To PM's Relief Fund For Flood Crisis
The Judges of the Supreme Court have resolved to contribute Rs 25,000 each to the Prime Minister's National Relief Fund in view of the prevailing flood situation across various regions of the country.The Chief Justice of India and the Supreme Court Judges expressed their deep sympathy for the affected families and expressed hopes for swift relief, recovery and restoration of normalcy.Parts...
AI Cannot Replace Human Conscience In Justice Delivery: Justice Vikram Nath
Supreme Court judge Justice Vikram Nath recently said that the future will test the balance between truthful information, media influence, and fairness in a technologically driven justice system.“If the past century belonged to the struggle for free speech, perhaps the coming one will belong to the struggle for true speech — information that is accurate, ethical, and respectful of dignity....
S. 482 CrPC/S.528 BNSS | Supreme Court Lays Down Four-Step Test For High Courts To Quash Criminal Cases
The Supreme Court laid down the steps to be considered by the High Court while hearing quashing petitions under Section 482 Cr.P.C. (now Section 528 BNSS). The following steps should ordinarily determine the veracity of a prayer for quashing, raised by an accused by invoking the power vested in the High Court under Section 482 of the Cr.P.C.: - (i) Step one, whether the material relied upon...
'Not A Healthy Practice': Supreme Court Criticises Advocate-on-Record For Seeking Discharge Of Original AoR From Case
The Supreme Court today deprecated the conduct of an Advocate-on-Record who filed an application seeking discharge of another AoR from the case (who was originally engaged)."Why one AoR is asking for discharge of another AoR? Why embarrass your colleague in the Bar? He [new AoR] must apologize to her [original AoR]...this is not a healthy practice. We don't want to make any inference about...
Supreme Court Asks High Courts Not To Delay Uploading Of Judgments After Pronouncing Operative Part
The Supreme Court warned the High Courts not to delay uploading the judgment once its operative part is pronounced. The Court reiterated that judgments should be made available to the parties within three months from the date of reserving. “We hope that we may not have to come across any matter wherein there is a delay at the end of the High Court in uploading the reasoned order...
Chhattisgarh Police Files Closure Report In FIR Against Swami Ram Dev Over Anti-Allopathy Remarks During COVID
The Supreme Court was informed today that Chhattisgarh authorities have filed a closure report in relation to an FIR lodged against yoga guru and Patanjali Ayurved founder Swami Ram Dev over his remarks against allopathic medicines at the time of Covid-19 pandemic.The matter was before a bench of Justices MM Sundresh and Satish Chandra Sharma, which was informed of the development by...