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'Past Conduct Not Always A Factor When Imposing Death Penalty' : Supreme Court Commutes Death Sentence
Last week, the Supreme Court set aside the death sentence of a man accused, along with others, of firing on and killing multiple people over suspected political enmity in Uttar Pradesh’s Muzaffarnagar, observing that although the crime fell in the ‘rarest of rare’ category, the death row convict was not beyond reformation. His recidivism had factored in with the confirming...
Kerala Court Awards Death Penalty To Convict For Rape-Murder Of 5-Year-Old Within 109 Days Of Offence
A Kerala Court on Tuesday sentenced to death a 28 year old man for the brutal rape and murder of a 5 year old girl at Aluva in July this year.The convict is Asafaq Alam, a native of Bihar. The victim also belonged to a migrant labourer family hailing from Bihar.Ernakulam POCSO Court Judge K. Soman passed the sentence within 109 days of the occurrence of the tragic incident. The child had...
UP VAT Act | Definition Of “Goods” Under Sec. 2(m) And Sec. 13(1)(f) Includes Taxable As Well As Exempted Goods: Supreme Court
The Supreme Court has held that the definition of “Goods” under Section 2(m) of Uttar Pradesh Value Added Tax Act, 2008 (“UP VAT Act”) includes both taxable as well as exempted goods. Similarly, the word “goods” under Section 13(1)(f) of the UP VAT Act cannot be said to be qualified by the word “taxable”.The Bench comprising the Chief Justice Dr. Dhananjaya Y. Chandrachud,...
Supreme Court Weekly Roundup (6th Nov-12th Nov)
Nominal Index [Citations: 2023 LiveLaw (SC) 955-974]Vishnubhai Ganpatbhai Patel and another v. State of Gujarat 2023 LiveLaw (SC) 955Bambhaniya Sagar Vasharambhai v. Union Of India 2023 LiveLaw (SC) 956Lombardi Engineering Ltd v. State of Uttarakhand 2023 LiveLaw (SC) 958Union of India & Ors v Dilip Paul 2023 LiveLaw (SC) 959C. RAJENDRAN. v. UNIVERSITY OF CALICUT 2023 LiveLaw...
Need To Separate The Chaff From The Grain Only Where Testimony Is Partly Reliable And Partly Unreliable : Supreme Court
The Supreme Court, recently (On November 08), while setting aside a conviction in a murder trial, reiterated the well-established law that there are three types of witnesses-, one those who are wholly reliable, second one is wholly unreliable, and lastly, the one who are neither wholly reliable nor wholly unreliable. The reliance was placed upon the landmark decision of Vedivelu Thevar v....
MV Act | No Restriction Can Be Imposed Under Minimum Wages Act To Assess Income Of Deceased To Determine Compensation: Punjab & Haryana HC
The Punjab and Haryana High Court has held that while computing compensation under the Motor Vehicles Act, no restriction can be imposed in assessing the income of deceased or the injured in order to assess just and fair compensation for the dependents.Usually, in the absence of a salary certificate, 'minimum wages notification' can be considered to determine the notional income of deceased...
Centre Notifies Transfer Of Five High Court Judges
The Central Government today notified the transfer of 5 High Court judges as recommended by the Supreme Court collegium. They are Justice Vivek Kumar Singh [Allahabad High Court to Madras High Court]Justice Shekhar B Saraf [Calcutta High Court to Allahabad High Court]Justice Bibek Chaudhuri [Calcutta High Court to Patna High Court]Justice M. Sudheer Kumar [Telangana High Court to Madras...
Supreme Court Explains Application Of SAFEMA After Detention Order Under COFEPOSA Has Been Revoked
The Supreme Court, recently (On November 10), held that provisions of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) would apply to every person against whom an order of detention has been passed under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 19742 (COFEPOSA) unless it comes under exception given in proviso...
Order 14 Rule 5 CPC | Additional Issue Can Be Framed Anytime Before Passing Decree: Karnataka High Court
The Karnataka High Court has said that under Order 14 Rule 5 of CPC, the trial court can at any time before passing a decree, frame an additional issue on such terms as it deems fit as may be necessary for determining the matters in controversy between the parties.A single judge bench of Justice S G Pandit allowed the petition filed by T Savitha and another questioning the order of the...
Bar Council Of India Should Obtain English Translation Of Documents In Disciplinary Proceedings : Supreme Court
The Supreme Court recently held that the Rules framed by the Bar Council of India regarding Disciplinary Proceedings, require the Bar Council to call for the English translation of documents which are not in English.In this context, a bench of Justice Abhay S Oka and Justice Pankaj Mithal, said that since Disciplinary Committee deals with the issue of misconduct of a member of the Bar, it...
Mere Acceptance Of Guilt By Owner/ Driver Of Offending Vehicle No Ground To Grant Compensation To Claimant: Karnataka High Court
The Karnataka High Court has held that when an application is filed under Section 166 of the Motor Vehicles Act, it is for the claimant to prove their case by adducing independent evidence. Mere acceptance of guilt by the owner/driver of the offending vehicle can never be a ground for the tribunal to come to a conclusion, it held.A single judge bench of Justice Lalitha Kanneganti thus...
Every Court Has High Pendency, Constitutional Courts Should Avoid Fixing Time-Schedule For Cases Unless Exceptional: Supreme Court
Every Courts in the country has a huge pendency and hence the Supreme Court and the High Courts should refrain from fixing a time-bound schedule for disposal of any cases except in extra-ordinary circumstances, observed the Supreme Court recently.A bench of Justices Abhay S Oka and Pankaj Mithal made this observation while turning down a plea seeking a direction for disposal of a criminal...