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The Art Of Writing Judgment [Part-I]
Prefatory remarks: The crafting of judgments is an art. Neither the sheer length nor the weight of a judgment, nor its brevity, are an index of its quality. Some judgments despite reproducing the entire pleadings copiously and often repeatedly, extracting oral and documentary evidence in exasperating detail, and cataloguing or extracting precedents cited in painful and...
The Law On Remission
In a significant verdict, the Supreme Court in the case Bilkis Yakub Rasool v. Union of India (“Bilkis Bano Case”), has quashed the order of the Gujarat Government granting 'remission' to the 11 persons, who were convicted for committing rape on Bilkis Bano during 2002 Gujarat Riots. The Court has held that the exercise of power by the State of Gujarat is an instance of usurpation and...
When Called Upon To Invoke S.482 CrPC, High Courts Should Carefully Examine If Accusations Constitute Offence : Supreme Court
The Supreme Court in a recent order observed that when the High Court was called upon to invoke power under Section 482 Cr.P.C to quash a criminal case, it was incumbent upon the High Court to consider the question whether the allegations would constitute the offence(s) alleged against the person-accused.While setting aside an order of a High Court which denied to quash the criminal...
“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-X]
Q.46 A weapon is recovered on the basis of the statement made by the accused during the investigation of another case. Whether it is admissible under Section 27?Ans. Yes. (See – • State of Rajasthan v. Bhup Singh – 1997 (10) SCC 675 - A. S. Anand, K. T. Thomas – JJ ; • Para 37 of Mohan Lal v. State of Rajasthan (2015) 6 SCC 222 = AIR 2015 SC 2098 - Dipak Misra, S. A. Bobde...
Supreme Court Quashes Rape Case As FIR Was Lodged 34 Years After The Alleged Incident
The Supreme Court recently quashed criminal proceedings against a man accused of raping a minor, noting that the FIR was registered after a gap of 34 years, and that too, only on a bald statement that the prosecutrix was a minor at the time of the offence. “We find that lodging a case after 34 years and that too on the basis of a bald statement that the prosecutrix was a minor at...
Supreme Court Annual Digest 2023 - Constitution Of India
A Country can't remain prisoner of past': Supreme Court dismisses plea to rename cities named after muslim rulers; stresses on India's secular character. 2023 LiveLaw (SC) 156A High Court ~ howsoever big or small, old or new ~ is as much a Constitutional Court as this Court is and enjoys wide ranging powers vested in it by law. (Para 42) 2023 LiveLaw (SC) 146Access to Justice - Fundamental...
Supreme Court Weekly Round-Up (8th- 13th January, 2024)
With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the past week and also the updates of...
Bail Provisions In Bharatiya Nagarik Suraksha Sanhita (New CrPC) : Understanding Changes
The new procedural code (“BNSS”) has made substantive changes with respect to the bail provisions in comparison to the existing code (“Cr.P.C.”). While the text of most of the provisions in BNSS remains identical to the existing code, BNSS include definitions of bail, bail bond, and bond. Further, changes have been made in the provision regarding the maximum period of detention of...
Supreme Court Directs Centre To Provide Financial Aid To CDS, NALSAR For Study To Make Public Buildings Accessible To Disabled Persons
The Supreme Court on Friday (January 9) directed the Ministry of Social Justice and Empowerment to bear the expenses for the Centre for Disability Studies (CDS), NALSAR University of Law which was previously asked to make a report on steps to be taken to make public buildings and spaces fully accessible to persons with disabilities. These directions came as a culmination of the order...
CJI DY Chandrachud Releases AG Venkataramani's Poetry Collection “Roses Without Thorns”
Chief Justice of India DY Chandrachud, on January 12, released a book 'Roses without thorns' penned by Attorney General for India (AG) R Venkataramani. 'Roses without Thorns, Reflections of an Immaterial Wanderer' is a poetry collection by the Attorney General.Other dignitaries at this event were Supreme Court Judge BV Nagarathna, Puja Guru Sri M, and Professor Anisur Rahman. During the...
Supreme Court Issues Notice On Petition By Sitting Patna High Court Judge Over Non-Release Of Salary
The Supreme Court on Friday (January 9) issued a notice in a writ petition concerning the release of the salary of the sitting Patna High Court Judge, Justice Rudra Prakash Mishra and sought a response from the Registrar General of the Patna High Court for the same. The bench comprising the Chief Justice, DY Chandrchud and Justices JB Pardiwala and Manoj Misra were apprised of the fact...
Judiciary Must Be Aware Of Unprecedented Constitutional Crisis Facing Our Republic & Defend Constitution And Rights : Dr Mohan Gopal
Renowned legal academician Dr G.Mohanl Gopal delivered a lecture on the topic "The Judiciary in a Democracy: Challenges and Responsibilities" as part of the fourth Professor Shamnad Basheer Memorial Lecture organized by Live Law on December 22, 2023. In the lecture, Dr.Gopal, drawing on from the observations made by former Chief Justice of Israel Justice Aharon Barak regarding the role of...