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“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-VIII]
Q.36 Can a statement recorded as a “dying declaration” be treated as a “statement” under Section 164 (5) Cr.P.C. in case the declarant survives ? Ans. Yes. Where a statement is recorded by the Magistrate as a dying declaration and the maker thereof survives, the statement so recorded can be treated as a statement recorded under Section 164 Cr.P.C. and can be used...
Inquiry Proceedings Against Civil Servant Can Be Done Away With In National Security Interest : Supreme Court
Recently, the Supreme Court reiterated that inquiry proceedings of persons employed in civil capacities under the Union Government of the State Government can be done away with if the President or the Governor is satisfied that in the interest of security of the State it is not expedient to hold such an inquiry [clause (c) of second proviso to Article 311(2) of the Constitution of India]. A...
Role Played By The Bar In Development Of Constitutional Law And Jurisprudence Is Monumental: Justice Krishna Murari
Speaking at a lecture organised by Aligarh Muslim University on ‘Supreme Court and the Evolution of the Indian Constitution’, Judge of the Supreme Court, Justice Krishna Murari said that “an important facet of protection of fundamental rights and constitutional values is the role played by the members of the bar over the years. Their contribution to the development of constitutional law...
Non-Tribal Person's Right To Settle Down & Vote In Scheduled Areas Not Taken Away By 5th Schedule Of Constitution : Supreme Court
The Supreme Court, on May 10, dismissed a plea, inter alia, contending that the Representation of the People Act, 1950 and the Delimitation Act, 2002 are not applicable to the Scheduled Area in absence of the notification issued by the Governor of the State under Clause 5(1) of the Fifth Schedule of the Constitution of India.The Court also rejected the argument that the fifth schedule of...
“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-V]
Q.21 What if, an unmarried testator after executing the “Will”, marries ? Ans. If the testator who is not married, marries after making the will, then by operation of law, the will stands revoked. This is, however, applicable only in the case of Indian Christians including Anglo Indians, Parsis, Jews etc. The above provision is not applicable in the case of...
2008 Jaipur Serial Bomb Blasts: Supreme Court To Hear Petitions Challenging Acquittal Of Four Accused On May 17
The Supreme Court on Friday considered a special leave petition filed by some of the victims of the 2008 Jaipur serial bomb blasts challenging the judgment of the Rajasthan High Court which acquitted four persons who were convicted to death by the trial court in the case.A bench comprising Justices AS Oka and Rajesh Bindal allowed the application filed by the victims seeking permission to...
Supreme Court Monthly Round Up (April 2023)
Welcome to the Supreme Court Monthly Digest, your comprehensive guide to the latest developments and landmark judgments from the apex court of India. Brought to you by Live Law, this digest aims to unravel the legal intricacies and provide insightful analysis of the Supreme Court's decisions, shaping the legal landscape of the nation. Through this digest, we aim to promote...
Supreme Court Criminal Law Digest: April 2023
Accused not entitled to default bail when first extension (passed in absence of accused) wasn't challenged & second extension was passed in his presence. Qamar Ghani Usmani v. State of Gujarat, 2023 LiveLaw (SC) 297 Alleged lack of jurisdiction of court no ground to transfer case: Supreme Court dismisses PFI student wing leader's plea. Ka Rauf Sherif v....
Senior Advocate Designation : Supreme Court Says Role Played By Lawyers In Cases To Be Assessed Than Counting Mere Appearances
On Friday, while delivering its judgment in pleas seeking modifications in the guidelines regulating the conferment of designation of Senior Advocates as laid down in its 2017 judgment (Indira Jaising v. Supreme Court of India), the Supreme Court enhanced the weightage given to miscellaneous category including pro bono work, reported and unreported judgments and domain expertise by 10...
[BAIL] Questions & Answers By Justice V. Ramkumar- Post Sentence Bail [Part-I]
Q.1 The accused is charge sheeted by the police for an offence punishable under Section 326 IPC. He is on bail during the trial of the case. The Magistrate, after trial, convicts the accused and sentences him to rigorous imprisonment for 3 years. The convict satisfies the Magistrate that he intends to file an appeal and applies for bail under Section 389 (3) Cr.P.C. Is the...
IBC | NCLT Has To Admit Sec 7 Petition If Debt Is Due; Decision In 'Vidarbha Industries' Based On Its Facts : Supreme Court
The Supreme Court has held that if the existence of a financial debt and its default on the part of Corporate Debtor has been proved, then the National Company Law Tribunal (“NCLT”) is left with no option apart from admitting the petition under Section 7 of the Insolvency and Bankruptcy Code, 2016 (“IBC”). The only ground on which a petition under Section 7 of IBC can be rejected is...
Senior Advocate Designation : Supreme Court Reduces Points Assigned For Publication; Expands Its Scope To Include Teaching Assignments and Guest Lectures
On Friday, while delivering its judgment in pleas seeking modifications in the guidelines regulating the conferment of designation of Senior Advocates as laid down in its 2017 judgment (Indira Jaising v. Supreme Court of India), the Supreme Court said that it would reduce the weightage given to publication in the existing guidelines. Noting that the allocation of 15 points for publication in...