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2008 Blast Case: Supreme Court Relaxes Abdul Nazar Maudany's Bail Condition, Allows Him To Reside In His Hometown In Kerala
The Supreme Court on Monday granted relaxation of bail condition to Abdul Nasser Maudany, accused in the 2008 Bangalore blasts case, permitting him to travel and stay in his home town in Kerala. As part of the bail condition imposed by the Apex Court on 11.07.2014, the Kerala People’s Democratic Party (PDP) chairman was to stay in Bengaluru till the trial in the blasts case is...
BREAKING| Supreme Court Issues Fresh Guidelines For Senior Designation; Previous Applicants Required To Update Or Submit Fresh Applications
The Supreme Court has issued fresh guidelines for the designation of senior advocates following the May 12 judgment in Indira Jaising vs Supreme Court which modified the criteria for senior designation.The Court has directed that Advocates-on-Record/Advocates who had applied in response to Notice/s dated 25 February 2022 and 7 May, 2022, for conferment of designation as Senior Advocate have...
[BAIL] Questions & Answers By Justice V. Ramkumar- Anticipatory Bail [Part-VI]
Q.26 Whether a person who apprehends arrest not by a police officer, can seek anticipatory bail under Section 438 Cr.P.C? Ans. Yes. (Vide –H.S Manjunath v. State of Karnataka 1995 Cri.LJ 179 (Karnataka- apprehended arrest by a Forest Officer) – S. A. Hakeem, J. Eswara Prasad - JJ; E. Joseph v. The Asst. Collector of Customs, Tuticorin 1982 Cri.L.J. 559 (Madras -...
Supreme Court Weekly Round-Up: July 10 To 16 July 2023
Gurugram Prime Plot 'Sold' Through Fake GPA: Supreme Court Forms SIT To Probe Land Scam; Questions Role Of Sub-Registrar's OfficeCase title: Pratibha Manchanda And Anr. v. State of Haryana And Anr.Citation: 2023 LiveLaw SC 514The Supreme Court, recently, directed the Commissioner of Police, Gurugram to constitute a Special Investigation Team (SIT) to investigate a land scam that...
LiveLaw Is Hiring Associate Editors (2)
LiveLaw is hiring Associate Editors.Number of vacancies : 2Skills and qualifications : Candidates should have at least two years experience in legal journalism. Persons with law degree will be given preference. Excellent writing skills, sharp legal acumen, good news sense, ability to manage CMS & SEO are necessary.Job profile :1. Editing reports about judgments and court hearings. The editing process involves fact-checking, proof-reading, improving readability, choosing the apt heading,...
Can Juvenile Get Benefit Of Sec 436A CrPC On Undertrial Period? Supreme Court Leaves Question Open But Grants Bail
The Supreme Court recently granted bail to a juvenile accused who spent more than 2 years in custody. As per Section 436-A CrPC, one can be released from custody if he has spent more than half of the maximum sentence prescribed for the offence. Interestingly, in this case the accused had spent more than 482 days as an adult in jail even though he was a juvenile. Thereafter he was tried as...
Income Tax Act | Completed/Unabated Assessments Cannot Be Reopened by AO If No Incriminating Material Is Found During Search: Supreme Court
The Supreme Court has reiterated that in view of the judgment of the Supreme court in Principal Commissioner of Income Tax vs. Abhisar Buildwell Pvt. Ltd.,2023 LiveLaw (SC) 346, an Assessing Officer (AO) cannot make additions to assessee’s income in respect of completed/unabated assessments if no incriminating material has been found during the course of search under Section 132 or...
'Corrodes Foundations Of Democracy' : 10 Grounds Raised By Rahul Gandhi In Supreme Court For Stay Of Conviction In Defamation Case
Congress leader Rahul Gandhi has filed a special leave petition in the Supreme Court challenging the Gujarat High Court's refusal to stay his conviction in the criminal defamation case over 'Modi-thieves' remark, which resulted in his disqualification as a Member of Parliament. Here are the main grounds urged in his plea :1. 'Modi' an undefined amorphous group : The offence of defamation...
NDPS Act | In Case Of Prolonged Incarceration, Liberty Will Override Embargo Under Section 37 : Supreme Court Grants Bail
The Supreme Court, while considering a bail application in an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 held that in case of prolonged incarceration, conditional liberty will override the statutory embargo under Section 37 of the Act. The Court made this observation stating that prolonged incarceration is against fundamental right guaranteed under Article 21,...
Rahul Gandhi Moves Supreme Court Against Gujarat HC Refusing To Stay Conviction In 'Modi Thieves' Remark Defamation Case
Congress leader and Former MP Rahul Gandhi has moved the Supreme Court challenging the Gujarat High Court’s July 7 order dismissing his revision plea to stay his conviction in the criminal defamation case in the 'Modi Thieves' remark case. The criminal defamation case was filed over a remark made by Gandhi during the 2019 Lok Sabha campaign. Referring to persons like Lalit Modi,...
Motor Accidents | 'No Negligence' Finding In Final Report Has No Bearing On Claim Petition As Standard Of Proof Is Different: Supreme Court
The Supreme Court recently held that while considering a petition for compensation for death or injury in a road accident the standard of proof compensation for death or injury in a road accident the standard of proof to be applied by the Motor Accident Claims Tribunal is the preponderance of probabilities and the standard of proof of beyond reasonable doubt would not apply. It also observed...