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High Time To Have Code Of Investigation For Police So That Guilty Don't Walk Free On Technicalities: Supreme Court
The Supreme Court recently expressed exasperation at having to acquit three accused persons in a case of murder and kidnapping due to glaring lapses in police investigation. Two of the accused persons were awarded death penalty, which the Supreme Court overturned.The Court remarked that the "the manner in which the police tailored their investigation, with complete indifference to the...
Supreme Court Explains Scope Of Judicial Interference In Arbitral Awards
The Supreme Court Bench comprising Justice Sanjiv Khanna and Justice M.M. Sundresh, has held that while setting aside an arbitral award for being violative of Section 28(3) of the Arbitration and Conciliation Act, 1996, it must be considered that the Arbitrator is empowered to interpret the contract terms reasonably. Arbitrator’s interpretation cannot be a ground for setting aside of...
Illegal Fee Of Advocate Is Not A Legal Claim: Madras High Court Quashes Proceedings Against Client For Dishonour Of Cheque Paid To Advocate
The Madras High Court recently came to the rescue of a client who had been proceeded against the Negotiable Instruments Act based on a complaint by a lawyer for dishonor of cheque by observing that a fee, which is per se illegal as per the Legal Practitioners Rules, will not be a legal claim and a legal liability could not be fastened upon the client to pay the same. Justice...
Can't Allow Barium Nitrate In Firecrackers Merely Because New Formulation Is 30% Less Polluting : Supreme Court
The Supreme Court on Friday (22.09.2023) rejected an application filed by an association of firecracker manufacturers (TANFAMA) to include reduced quantities of barium nitrate in firecrackers. In 2019, the Apex Court had directed that barium salts must not be used in firecrackers. In 2021, the Court had reiterated this ban.TANFAMA had approached the Apex Court seeking a direction to allow...
Section 313 CrPC - Failure To Put Incrimination Circumstances To Accused Will Not Vitiate Trial If No Prejudice Is Caused : Supreme Court
Recently, the Supreme Court adjudicated upon the issue of whether, on account of not putting the incriminating circumstance to the accused persons, while recording their statements under Section 313 (Power to examine the accused) of the Code of Criminal Procedure, 1973 (Crpc), their conviction with the aid of Section 34 (Acts done by several persons in furtherance of common intention) of...
Supreme Court Issues Notice On Medical Technologists' Plea To Implement National Commission For Allied & Healthcare Professions Act
On Friday, the Supreme Court issued a notice in a Public Interest Litigation (PIL) seeking the implementation of the National Commission for Allied and Healthcare Professions (NCAHP) Act, 2021. The PIL, which was listed before a bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, specifically seeks for the implementation of Section 22(1) which provides for...
Supreme Court Acquits Two Death Row Convicts, Perplexed At Trial Court & HC Awarding Capital Punishment Despite Loopholes In Evidence
After noting "yawning gaps" in the evidence and "infirmities" in the prosecution, the Supreme Court recently acquitted three persons in a case for murder and kidnap of a teenager. Two of the accused were awarded death sentence by the Trial Court, which the High Court had affirmed. The third accused was awarded life sentence.While setting aside the conviction and sentence of all the...
NDPS Act | Confession To NCB Officials Not Admissible In Evidence; Possession Must Be Established To Draw Presumption Under S.54 : Supreme Court
The Supreme Court on Friday (22.09.2023) held that an officer invested with powers under Section 53 of the Narcotic Drugs and Psychotropic Substances Act, 1985, is a 'police officer' within the meaning of Section 25 of the Evidence Act, and thus a confessional statement of an accused recorded under Section 67 of the NDPS Act cannot be used in a trial under the NDPS Act as a...
When Selected Candidate Joins And Then Resigns, Vacancy Must Be Filled By A Fresh Selection Process & Not From Previous Merit List: Supreme Court
The Supreme Court on Thursday (21.09.2023) held that an applicant who has qualified in the selection process cannot be selected against a vacancy caused by resignation of one of the selected candidates. The Apex Court observed that, a fresh vacancy arises when a selected candidate joins and then resigns and the same cannot be filled up without following a fresh selection process. .A...
Former CJI UU Lalit To Teach "Affirmative Action In India: A Brief Constitutional History" At IIT-Bombay
The former Chief Justice of India Justice UU Lalit will be teaching a new course titled "Affirmative Action in India: A Brief Constitutional History" in IIT Bombay. Justice Lalit is a distinguished visiting professor at the Ashank Desai Centre for Policy Studies of IIT Bombay.This is not the first time that the former Chief Justice has decided to teach a course in a University. For the...
MBBS Admission In PwD Quota - Disability Assessment Report Must Explain How Candidate Can't Pursue Course: Supreme Court
The Supreme Court on Friday (September 22) stated that persons with disabilities should not be excluded from MBBS courses merely on the basis of a quantitative assessment of their disabilities. The Court further stated that the assessment of the disabilities must have a cogent reasoning as to how such candidates will be unable to pursue the medical courses.The Court made these observations...
Supreme Court To Organise Two Day National Annual Stakeholders Consultation On Child Protection
On 23-24 September, 2023, the Supreme Court Committee on Juvenile Justice and Child Welfare, in partnership with UNICEF India is organizing a two-day national consultation on best practices followed in states and the way forward to strengthen justice systems for children in conflict with the law. The event will be organised at the Supreme Court. The Inaugural Session of the Consultation will...