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S.167 CrPC - Arbitrary & Stringent Conditions On Default Bail Infringe Fundamental Rights Under Article 21: Kerala High Court
"The default bail is a statutory right of an accused. The Court cannot deny statutory bail to an accused by imposing stringent conditions which cannot be complied by the accused."
'Mischief Being Played': Karnataka High Court Decides To Suspend Live Streaming, VC Hearings
The Karnataka High Court has stopped video conference facility to all courts due to cyber security issues. In view of the Cyber Security reasons, the Video Conference facilities in all the Courts of the High Court of Karnataka at Bengaluru, Dharwad and Kalaburagi, are suspended for the time being.Chief Justice Prasanna B Varale orally said, “An unfortunate situation has arisen. We are...
'Sponsored Litigation' : Delhi High Court Pulls Up Lawyer For Filing PIL To Ban Display Of 'Gross Images' In Anti-Tobacco Ads
The Delhi High Court on Tuesday expressed displeasure with a young lawyer who filed a PIL seeking prohibition on the display of anti-tobacco advertisements containing “graphic or gross images” during films in cinemas, TV or OTT platforms. A single judge had previously dismissed the PIL, terming it “gross misuse of process of law”, following which the lawyer approached the...
Supreme Court Seeks Progress Report On Construction Of J&K&L High Court Jammu Bench New Complex
The Supreme Court asked the Center to place on record the construction progress of the new complex of the High Court of Jammu and Kashmir and Ladakh, Jammu Bench. This direction was passed when the Centre apprised the Bench about the tentative proposal. As per this, once the High Court shifts to the new complex, the old building can be utilized for the purposes of the Central...
Mere Claim Of Innocence Or Undertaking To Participate In Trial Not Sufficient Reasons To Grant Bail In Serious Offences : Supreme Court
The Supreme Court, while hearing an appeal against the order passed by the Jharkhand High Court allowing a bail application for an accused charged with an attempt to murder, observed that simply asserting innocence or agreeing to participate in the trial is not a valid reason for granting bail to an accused in serious offences. “At any rate, mere claim of innocence or undertaking to...
Supreme Court Half Yearly Digest 2023 [Indian Penal Code 1860]
Penal Code, 1860 - Constitutional Courts can impose fixed term sentence even in cases where death penalty was not proposed - "Even in a case where capital punishment is not imposed or is not proposed, the Constitutional Courts can always exercise the power of imposing a modified or fixed-term sentence by directing that a life sentence, as contemplated by “secondly” in Section 53 of the...
Central Civil Service Rules - Can Prior Service, From Which Officer Resigned, Can Be Counted For Pension Benefits? Supreme Court To Consider
The Supreme Court is set to examine whether a Central Government servant, who has given his resignation after being selected for another post, is entitled to any service benefits arising from the previous job as per the Central Civil Service (Pension) Rules.In the instant case, the petitioner was appointed as a Junior Clerk in the Court of Munsif, Daspalla on 26.11.1990. However, prior to...
Supreme Court Monthly Round-Up November 2023
Citations: 2023 LiveLaw (SC) 932 To 2023 LiveLaw (SC) 1025Nominal Index Indrakunwar v. State of Chattisgarh 2023 LiveLaw (SC) 932Manish Sisodia v. Central Bureau of Investigation 2023 LiveLaw (SC) 934Bhisham Lal Verma V. State of Uttar Pradesh 2023 LiveLaw (SC) 935Pradeep Mehra V. Harijivan J. Jethwa 2023 LiveLaw (SC) 936Manak Chand v. State of Haryana 2023 LiveLaw (SC) 937IFFCO Tokio...
Supreme Court Grants Interim Relief To Manipur Journalist Against FIRs Over Tweets On Manipur Violence
The Supreme Court on Monday (04.11.2023) stayed the proceedings on FIRs lodged against Journalist Makepeace Sitlhou for tweets she made in relation with Manipur violence. Appearing for Sitlhou, Senior Advocate Kapil Sibal submitted that she is Fulbright scholar who was facing FIRs for certain tweets.The bench led by CJI DY Chandrachud and comprising Justices JB Pardiwala and Manoj Misra...
Independent Evaluation By MoEF&CC Necessary To Determine If Iron Ore Mining In Odisha Needs To Be Capped : Supreme Court
The Supreme Court today (04.12.2023) opined that an independent evaluation by the Ministry of Environment, Forest and Climate Change (MoEFCC) was necessary to determine whether a cap on iron ore mining needed to be imposed in the State of Odisha as the decision would affect issues such as sustainable development and intergenerational equity. A bench comprising Chief Justice DY...
Remove Speaker's Power To Decide Disqualification Under 10th Schedule Of Constitution, Let HC Decide Instead : Arvind Datar
The Speaker's power to decide the disqualification of elected members defecting from their original political party under the 10th Schedule of the Constitution should be removed and should instead be given to the High Court in the form of election petitions, Senior Advocate Arvind Datar said while delivering the KT Desai Memorial Lecture on Monday. “First thing we have to do is to remove...
West Bengal Universities' Row | Supreme Court Seeks Attorney General's Intervention For Resolution Of Deadlock Between Governor & Govt
In the latest development in the ongoing clash between West Bengal Governor CV Anand Bose and the state government over interim vice-chancellor appointments at state-run universities, the Supreme Court last week(December 1) asked Attorney General for India R Venkataramani to organise a joint meeting with all stakeholders to break the logjam. A bench of Justices Surya Kant and...