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Mere Demand For Ransom After Kidnapping Won't Amount To S.364A IPC Offence If There's No Death Threat : Supreme Court
Recently, the Supreme Court acquitted an accused charged under Section 364A of the Indian Penal Code i.e., kidnapping for ransom, after finding that the prosecution failed to establish that there was an instant threat of death to the kidnapped from the accused. “Therefore, the ingredients of Section 364A of IPC were not proved by the prosecution inasmuch as the prosecution failed to...
State Is Not Doing Any Charity By Paying Compensation To Citizen Whose Land Was Acquired : Supreme Court
Recently, the Supreme Court held that the State cannot deprive the citizen of using the land for years and then paying compensation to show graciousness."Though, the Right to Property is no more a Fundamental Right, still it is recognized as a Constitutional Right under Article 300A of the Constitution of India. Depriving a citizen of his Constitutional Right to use the land for 20 years and...
Wife's Suicide Within 7 Years Of Marriage Won't Raise Presumption Of Husband's Abetment If There's No Evidence Of Cruelty: Supreme Court
Setting aside a husband's conviction for abetment of his wife's suicide, the Supreme Court recently held that by raising presumption under Section 113A of Evidence Act, a person cannot be held guilty for the offence under Section 306 of IPC when cogent evidence of harassment or cruelty is absent.To quote the observation, "mere fact that the deceased committed suicide within a period of...
Can Royalty Collected On Mining Leases Be Considered As Tax? Supreme Court 9-Judge Bench Starts Hearing [DAY1]
The Supreme Court 9-judge Constitution Bench today (February 27) commenced its hearing on the multifaceted taxation matter of mineral-bearing lands. The key reference question involved in the present matter is to examine the nature and scope of royalty as prescribed under Section 9 of the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act) and whether it could be termed as...
'Our Criminal Justice System Itself Can Be A Punishment' : Supreme Court Says While Setting Aside Conviction In 30-Year-Old Case
Recently, the Supreme Court set aside the conviction of a man convicted for abetment to suicide of his wife, almost after 30 years of initiation of trial.While doing so, the Court lamented that the criminal justice system of India can itself be a punishment for the accused if it took 30 years for the criminal justice system to acquit the accused.“Before we part with this matter, we may...
'Entire Country Taken For A Ride, You Shut Eyes For 2 Years!': Supreme Court Pulls Up Union For Inaction On Patanjali Ayurved Ads
The Supreme Court on Tuesday (February 27) expressed displeasure at the Union Government for not taking action under the Drugs and Magic Remedies (Objectionable Advertisements) Act 1954 in respect of the advertisements of Patanjali Ayurved claiming cure for several ailments.The bench of Justices Hima Kohli and Ahsanuddin Amanullah was hearing a petition filed by the Indian Medical Association...
Supreme Court Directs NewsClick Founder Prabir Purkayastha To Be Examined By AIIMS; Asks State To Bear Expenses Despite Its Protests
The Supreme Court on Tuesday (February 27), while hearing an application for NewsClick founder Prabir Purkayastha's release on medical grounds, directed a board to be constituted by All India Institute of Medical Science (AIIMS) to conduct an independent medical evaluation. The court also categorically stated that the State would have to bear the expenses for such evaluation.A bench of...
Registry Shouldn't Exercise Judicial Function, Can't Refuse Curative Petition Saying Review Was Dismissed In Open Court : Supreme Court
The Supreme Court recently set aside an order passed by one of its Registrars, vide which registration of a curative petition was declined because the underlying review petition was dismissed after open court hearing (not by circulation). The Court held that the order was contrary to the Supreme Court Rules, 2013 and the power being judicial in nature ought to have been exercised by a Bench...
Ex-SC Judge Justice AM Khanwilkar Appointed As Lokpal Chairperson
The President of India has appointed former Supreme Court judge Justice AM Khanwilkar has been appointed as the Chairperson of the Lok Pal. Justice Lingappa Swamy (former HP HC Chief Justice & Karnataka HC Judge), Justice Sanjay Yadav(former Allahabad HC CJ) and Justice Ritu Raj Awasthi(former Karnataka HC CJ & Allahabad HC judge, present Chairperson of the Law Commission of India)...
Supreme Court Informed Of Madhya Pradesh High Court's Refusal To Reconsider Dismissal Of 6 Women Judges
In a suo motu writ petition registered wrt simultaneous termination of services of 6 female civil judges in Madhya Pradesh, the Supreme Court was recently apprised that the Administrative Committee of the State High Court has resolved to not re-consider its earlier decision.Taking note, the Bench of Justices BV Nagarathna and AG Masih gave time to the parties to file counter/rejoinder by...
'Not Untouchability' : Kerala High Court Upholds Condition That Sabarimala Melshanthi(Chief Priest) Must Be Malayali Brahmin
The Kerala High Court today dismissed a batch of petitions challenging the Travancore Dewaswom Board notification inviting applications only from Malayali Bhramins for appointment as Melshanthi(chief priest) of Sabarimala-Malikappuram temples.The Division Bench comprising Justice Anil K Narendran and Justice P. G. Ajithkumar rejected the petitioners' argument that the conditions stipulated in...
Supreme Court Allows ED To Proceed With Summonses To Tamil Nadu District Collectors, Says State's Writ Petition Prima Facie Misconceived
The Supreme Court on Tuesday (February 27) suspended the operation and execution of an interim order issued by the Madras High Court staying the summonses issued to district collectors in Tamil Nadu in connection with alleged illegal sand mining-money laundering cases. The top court today granted interim relief in response to a special leave petition filed by the Directorate of Enforcement...