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Supreme Court Monthly Roundup- August 2023
Judgments/OrdersUAPA - 'Watali' Precedent Won't Apply If Evidence Is Of Low Probative Value On Surface Level Analysis: Supreme CourtCase title: Vernon v. State of MaharashtraCitation: 2023 LiveLaw (SC) 575The Supreme Court’s decision to grant bail to Bhima Koregaon-accused and activists Vernon Gonsalves and Arun Ferreira appears to have carved out a crucial exception in an otherwise...
Supreme Court Issues Notice On Andhra Pradesh Govt Plea Against HC Stay On Construction Of Houses For EWS Section In Amaravati's R5 Zone
The Supreme Court on September 1 issued notice to the Neerukonda and Kuragallu Farmers Welfare Association (respondent) in a Special Leave Petition (SLP) filed by State of Andhra Pradesh (petitioner) assailing an order passed by the Andhra Pradesh High Court that stayed further construction of houses for the economically weaker sections in R-5 Zone of the capital city of Amaravati.The matter...
In A Sunday Night Sitting, Allahabad High Court Takes Suo Moto Cognizance Of Brutal Attack Upon On-Duty Woman Cop On Saryu Express
The Allahabad High Court has taken suo moto cognizance of the brutal attack on a woman cop (‘X’) while she was on-duty on the Saryu Express on the intervening night of 30-31 August. Based on a WhatsApp message received by Chief Justice Pritinker Diwaker on Sunday, a bench comprising Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava was convened at the residence of the...
“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-XIV]
Q.66 Is not the applicant exempted from executing a bond in a case where the proceedings are non-contentious ?Ans. No. Exemption from executing the bond on the ground that the proceedings were non-contentious, is not contemplated by Rule 18 of the Succession Rules, 1968 (Kerala). (Vide In Re Mariamma Thomas (2006) 2 KLT 11 = 2006 KHC 529 – K.M. Joseph - J).Q.67 What is the...
Supreme Court Upholds Disciplinary Action Against Advocate Who Was Running Taxi Service
The Supreme Court recently upheld the disciplinary action taken by the Bar Council of India(BCI) against an advocate who was running a taxi service. The advocate was barred from practice for one year due to his professional misconduct.The bench comprising Justices Abhay S. Oka and Justice Pankaj Mithal was hearing an appeal filed by an advocate against the BCI’s decision to bar him...
Section 311 CrPC | Power To Recall Witness Must Be Invoked When It Is Essential For Just Decision : Supreme Court
The Supreme Court recently allowed an application filed by a witness under Section 311 of the Code of Criminal Procedure seeking to call him again for examination. The Court allowed the plea taking note of the fact that in his initial deposition, there was no occasion for him to bring on certain facts, which became relevant after the examination of the expert witness. The Court quoted a...
Branding Person To Be Born A Criminal And Treating It As A Hereditary Phenomenon Was Born Out of Some Wrong Historical Notions: Justice Vishwanathan
31st August this year marks the 71st year of repeal of the Criminal Tribes Act, 1871 (CTA). A number of communities belonging to the Denotified Tribes celebrate this day as Vimukta Divas, the day of independence from the CTA, until its repeal in 1952.On the eve of this day the Criminal Justice & Police Accountability Project in association with Live Law organized a Vimukta Day lecture...
Motor Accident Claims - Social Status Of Deceased To Be Considered If There's No Definite Proof Of Income: Supreme Court
The Supreme Court has reinstated an award originally granted by the Motor Accidents Claim Tribunal (MACT). The apex court expressed disappointment over the approach taken by the High Court in evaluating the evidence and reinstated the MACT's verdict.The Court observed “It is unfortunate that in a case of the present nature, the High Court while assessing the evidence available on record,...
Manipur Lawyers Withdraw From Prof Kham Khan Suan Hausing's Case After Mob Attack
The home of a lawyer representing Kuki Professor Kham Khan Suan Hausing before the Manipur High Court was vandalised by a mob. The home of Advocate Soiraisham Chitaranjan was attacked.Following this, Chitarajan and three other lawyers - Victor Chongtham, Th. Zingo, and A Priyokumar Sharma - had to decide to not appear for Professor Huasing in the Manipur High Court. They filed a memo in the...
Advocate Acting As Real Estate Agent & Selling Client's Property Amounts To Misconduct : Supreme Court Upholds BCI Penalty
The Supreme Court recently upheld a decision of the Bar Council of India to suspend an advocate for 5 years for gross professional misconduct after it was revealed that he had acquired a General Power of Attorney from his own client in a property-related case and subsequently sold the property.The bench comprising Justices Abhay S. Oka and Justice Pankaj Mithal was hearing an appeal from...
Hindu Succession Act | To Decide Shares Of Heirs, First Step Is To Ascertain Share Of Deceased In Coparcenary Property On Date Of Death : Supreme Court
Tried and tested many times over, the issue of succession to Mitakshara coparcenary property continues to raise its head time and again like an undying Hydra of Lerna, the Supreme Court remarked while disposing a civil appeal(1 September 2023).In this case, a partition suit was filed in the year 1991 and the same was decreed by the Trial Court in the year 1996. The First Appellate Court...