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Need To Educate Police About Freedom Of Speech, They Must Be Sensitised About Democratic Values : Supreme Court
This observation was made by the apex court while quashing a criminal case against a professor under Section 153A of the Indian Penal Code for his WhatsApp status criticising the abrogation of Article 370.
Affidavit Necessary With Application Under S.156(3) CrPC; Directions In 'Priyanka Srivastava v. State of UP' Mandatory: Supreme Court
The Supreme Court, in its recent order, has stated that the directions passed by it in the decision of Mrs. Priyanka Srivastava & Anr. v. State of Uttar Pradesh & Ors. (2015) 6 SCC 287, are mandatory.The Division bench of Justices Sanjiv Khanna and Dipankar Datta was hearing a criminal appeal arising from the Telangana High Court's order. The High Court had refused to quash the...
Article 20 Doesn't Prohibit Court From Imposing Lesser Punishment As Per New Law: Supreme Court
The Supreme Court on Thursday (March 07) observed that Article 20(1) of the Constitution doesn't restrain the Courts from imposing a lesser punishment on the basis of a new law which came into force after the date of commission of the offence.Article 20(1), which incorporates the principle that criminal laws cannot be given retrospective operation, states that a person cannot be punished...
A Comprehensive Evaluation Of Section 31 Cr.P.C Regarding The Sentence To Be Passed For Several Offences At One Trial [Q And A]
Even though Section 31 Cr.P.C is a small Section with 3 sub-sections, it has been eluding the comprehension of many in the Bench and the Bar, necessitating some elucidation so that its contours are better understood. I will first deal with Section 31 (1) and thereafter sub-sections (2) and (3) of the said Section. THE SCOPE OF SECTION 31 (1) Cr.P.C. Section 31 Cr.P.C reads...
From The Bench To The Ballot Box- A Constitutional Vacuum
On March 7th, 2024, former Calcutta High Court judge, Abhijit Gangopadhyay formally became a member of the Bharatiya Janata Party (BJP), after resigning from his position as judge of the Calcutta High Court, five months before his date of retirement, writing to the President Droupadi Murmu, Chief Justice of India DY Chandrachud, and Chief Justice TS Sivagnanam of the Calcutta High Court....
Section 94 Juvenile Justice Act | Ossification Test Has Been Kept At The Last Rung To Determine Age: Supreme Court
The Supreme Court, while denying the plea of juvenility preferred by a convict in a murder case, observed that to determine age, ossification test stands last in the order of priorities. Pertinently, Section 94(2) of the Juvenile Justice Act 2015 provides for the mode of determination of age. As per this provision, priority should be given to the date of birth certificate. In the...
States' Power To Tax Minerals Not Traceable To Power To Tax Land: Harish Salve Before Supreme Court 9-Judge Bench [DAY 5]
The Supreme Court on Wednesday (March 6) continued hearing the 9- Judge Constitution Bench matter on Royalties imposed on mining. On its 5th day of hearing, the Court deliberated upon the significant questions regarding the taxation of land and mineral rights, challenging the distinction between Entry 49 and Entry 50 in List II of the Indian Constitution. Senior Advocate Harish Salve,...
By Judicial Order, High Court Cannot Render Advice : Supreme Court
While deprecating a High Court order for overlooking the long period of incarceration undergone by the petitioner, the Supreme Court recently reiterated that Courts cannot render "advice" through judicial orders and stayed a direction calling for a periodical report from Trial Court on the progress of trial."We are of the view that issuing such a direction amounts to interference with day to...
Cooperating With Investigation Doesn't Mean Accused Is Expected To Make Self Incriminating Statements : Supreme Court
The Supreme Court observed that where the interim protection from arrest is subject to the accused's cooperation in the investigation, he/ she is not expected to make self-incriminating statements under threat of the State seeking the withdrawing of such protection. “An accused, while joining investigation as a condition for remaining enlarged on bail, is not expected to...
Fill Remaining Vacancies Of Central Haj Committee Expeditiously : Supreme Court To Centre
The Union Government informed the Supreme Court on Thursday (March 7) of the updated status report on steps taken to complete the composition of the Central Haj Committee.The counsel for the petitioner, Senior Advocate Mr.Sanjay Hegde and Mr. Talha Abdul Rahman, brought attention to vacancies in the Central Haj Committee, and the Additional Solicitor General(ASG) Mr. K M Nataraj, appearing...
Supreme Court Directs Convening Of Special General Body Meeting Of SCBA On Or Before April 16 To Discuss Electoral Reforms
The Supreme Court recently (March 04) ordered that the Supreme Court Bar Association's Special General Meeting shall be convened on or before April 16 at Supreme Court Bar Library No.1. Further, it has also been stated that the Supreme Court Bar Association members, who, as per the SCBA rules, are eligible to vote in its election, can participate in this meeting.“We are prima facie...
Supreme Court Dismisses MMT's Challenge Against Delhi HC Interim Order Allowing Booking.com To Use 'Make My Trip' As Google Adword
The Supreme Court on Thursday (March 7) refused to entertain MakeMyTrip's challenge against the Delhi High Court order which had lifted the interim restraining orders against Google and Booking.com from using the 'MakeMyTrip' (MMT)mark, with or without spaces, as a keyword on the Google Ads Program. The Court noted the lack of any premised confusion under S.29 of the Trade Mark Act 1999.The...