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BREAKING | ASI Submits Its Sealed Cover Report On The Scientific Survey Of Gyanvapi Mosque Before Varanasi Court
In a significant development which is likely to affect the ongoing Kashi Vishwanath Temple-Gyanvapi Mosque dispute, the ASI (Archaeological Survey of India) today submitted before the Varanasi Court, its report on the scientific survey of Gyanvapi mosque premises.ASI submitted the report before the Varanasi district Judge AK Vishvesha. On the other hand, a petition has been moved by the...
When No Limitation Period Is Prescribed, Appeal Must Be Filed Within 'Reasonable Time' Depending Upon Facts Of Each Case: Supreme Court
The Supreme Court has held that when no limitation period has been prescribed for filing an appeal, then such appeal must be filed within a reasonable time, which is to be determined as per facts and circumstances of each case.“In the absence of any particular period of time being prescribed to file an appeal, the same would be governed by the principle of 'reasonable time', for which,...
100 Important Supreme Court Judgments Of 2023 [Part 1]
As is the annual tradition, LiveLaw brings to you the list of 100 important Supreme Court judgments of the current year - a much awaited article by our dear readers.The judgments are selected based on the following criteria - (i) importance to the general public; (ii) settlement of a contested position of law; (iii) utility for practising lawyers, judges and students.A disclaimer is added...
Supreme Court Stays Criminal Defamation Case Filed By Rohini Sindhuri IAS Against D Roopa IPS
The Supreme Court on December 15 stayed the proceedings in the criminal defamation complaint filed by Rohini Sindhuri IAS against D Roopa Moudgil IPS.A bench comprising Justices Abhay S Oka and Pankaj Mithal passed the interim order in a petition filed by Roopa seeking to quash the defamation case.The bench also restrained both the Karnataka officers from giving any interview or information...
Supreme Court Weekly Digest With Subject-Wise, Statute-Wise Index & Nominal Index [October 9 – 15, 2023]
Citations: 2023 LiveLaw (SC) 864 To 2023 LiveLaw (SC) 894SUBJECT WISE INDEXAbortionFoetus has no separate identity from its mother; Women can't be forced to undergo pregnancy at risk of physical and mental trauma. In the matter of Union of India, 2023 LiveLaw (SC) 881AdvocateAbsence of Advocate - The order sheet of that date records that the advocate for the appellant was absent. It also...
Law Can't Look Away From Discrimination In Private Spaces : CJI DY Chandrachud
Recently, the Chief Justice of India, D. Y. Chandrachud, while delivering Justice E S Venkataramiah's Centennial Memorial Lecture, spoke about how hierarchies, prejudices, and stigmas travel beyond the public and private spaces. He said: “If the hierarchy persists in the private space and the law looks in the other way in the name of the sanctity of the household, or the sanctity of...
'Collegium System Is The Worst, But There's Nothing Better' : Justice Nariman Suggests Having Collegium With Retired Judges
Former Supreme Court Justice Rohinton F Nariman suggested that there should be a collegium of retired judges to appoint judges. Nariman proposed that these judges would, in turn, be selected by the practising High Courts and Supreme Court advocates.“We do have our collegium system, which is the worst, but then there is nothing better. I would only suggest, and this is not for the near...
No Adverse Inference Against Prosecution Merely Because Witnesses Are Withheld: Supreme Court
While dismissing a criminal appeal, the Supreme Court (on December 13) opined that withholding witnesses from the court doesn't always mean that an 'adverse inference' can be drawn against the prosecution.“It is not axiomatic that in every case where the eyewitnesses are withheld from the court, an adverse inference must be drawn against the prosecution. The totality of the circumstances...
'Rape Is Rape Even If Committed By A Husband Against Wife': Gujarat High Court, Says Need To Break Silence Over Gender Violence
While a series of petitions seeking to criminalise marital rape is presently pending before the Supreme Court, the Gujarat High Court, in an important observation, recently said that rape is a rape, be it performed by a man the 'husband' against his own 'wife'. Disagreeing with the marital rape exception as provided under Section 375 of IPC (Exception 2), which exempts a husband...
Master-Servant Relationship Continues During Suspension Period, Workman To Follow All Rules Governing Post : Supreme Court
A Supreme Court bench comprising Justices Hima Kohli and Rajesh Bindal on Thursday (December 14) in an order dealing with the issue of deeming voluntary retirement in a Bipartite Agreement held that a master-servant relationship continues during the period of suspension and the workman is under obligation to follow all the rules governing his post during that period. On the issue that...
Ensure Bail Applications Are Listed At The Earliest; Personal Liberty At Stake : Supreme Court To All High Courts
The Supreme Court on Monday (December 11) expressed serious concerns over the delay in consideration of anticipatory bail/ regular bail applications by High Courts. The bench comprising Justices C.T. Ravikumar and Sanjay Kumar observed that despite repeated judicial pronouncements of the Apex Court, lack of efficiency in listing and disposal of anticipatory bail applications gravely injures...
Documents Can Be Produced During Cross-Examination In Civil Trial To Confront Party To Suit Or Witness : Supreme Court
In a notable judgment, the Supreme Court has held that a document can produced during cross-examination in a civil trial to confront a party to the suit or a witness. The Court also held that there is no distinction between a party to a suit and a witness in this regard.A bench comprising Justices BR Gavai and Sanjay Karol set aside a judgment of the Bombay High Court which held that...