The Complete Supreme Court Annual Digest- 2023 [Part-II]

Armed Forces The Supreme Court extends disability pension claim of army veteran for 10 years as allowed under pension regulations for the army. Ex L/NK Rajput Ajit Singh v. Union of India, 2023 LiveLaw (SC) 831 Are civilian employees of armed forces unit run canteens government servants? the supreme court refers to a larger bench. Union of India v. Vinod Kumar, 2023...

'Identity Of POCSO Victim Cannot Be Disclosed' : Supreme Court Calls For Sensitization Of Judicial and Police Officers in West Bengal

Recently, while expressing concern over the disclosure of the victim's name while recording her statements in the POCSO case, the Supreme Court called for the sensitization of the Judicial and Police Officers in the State of West Bengal. “We therefore feel that an exercise of sensitization of judicial officers as well as the police Officers is required to be undertaken in the State of...

Is 90-Day Limitation For Appeal Under Sec.21(5) NIA Act Directory Or Mandatory? Supreme Court To Settle Conflicting Views Of HCs

The Supreme Court on Friday (April 5) agreed to decide the issue whether the upper limit of 90 days prescribed under Section 21(5) National Investigation Agency Act to file appeal against an order of the trial court is directory or mandatory.The Court noted that there are conflicting opinions rendered by the High Courts on this point.The bench led by CJI DY Chandrachud comprising Justices...

Lawyers Have A Duty To Maintain And Cherish Judicial Independence: Justice BR Gavai

Justice BR Gavai on Saturday said that independent judiciary is a hallmark of India and lawyers have a responsibility to maintain the Rule of Law and ensure that the independence of judiciary is cherished.“As a lawyer we also owe duty to the society. We owe a duty to maintain the rule of law. The rule of law is embodied in our Constitution. In the Article 14 itself, which promises...

Verdict In 'KA Najeeb' Upholding Right Of UAPA Accused For Bail On Ground Of Delay In Trial Not Disturbed By 'Gurwinder Singh' Judgment: Supreme Court

The Supreme Court (on April 05), in the Shoma Sen case, made a crucial observation that the Apex Court's findings in the Gurwinder Singh v. State of Punjab case would not disturb the ratio arrived in the landmark case of Union of India vs. K.A. Najeeb. It may be recalled that K.A. Najeeb's case was pronounced by a three-judge bench comprising Justices NV Ramana, Surya Kant, and...

NEET : Supreme Court Stays Cancellation Of MBBS Admission Over SEBC Certificate, Notes That Candidate Would've Got Admission In General Merit

The Supreme Court on Friday (April 5) stayed the Gujarat High Court's decision to uphold a 'Teli' caste student's cancellation of MBBS admission in Government Medical College (GMC), Vadodara. The said cancellation was done as consequence of refusing recognize the applicability of his Social and Economically Backward Certificate (SEBC) in the state of Gujarat. The bench comprising...

Man Who Was Twice Sentenced To Death In 2 Trials Acquitted In 3rd Retrial

In a notable development in Bhopal, Madhya Pradesh, a man who had been convicted and sentenced to death two times for the alleged rape and murder of a 9-year-old girl was acquitted after the third trial.Judge Prachi Patel presiding over the case observed, "no matter how grave the crime is, the burden of proof to convict the accused always lies on the prosecution. The court must always...

'Old Boys Club' : CJI DY Chandrachud Calls For More Women Representation In Bar Associations

Chief Justice of India DY Chandrachud on Friday expressed concern over the poor representation of women in elected Bar Associations and Bar Councils in the country despite an unprecedented surge in the number of women joining the bar and establishing thriving practices.Justice Chandrachud, during his address at the Centenary Year Celebration of the High Court Bar Association Nagpur, said that...

The Complete Supreme Court Annual Digest- 2023 [Part-I]

Abkari Act Abkari Act, 1077; Section 57A- Offence under Section 57A is not limited to the holders of the license under the Act, but refers to anybody who mixes or permits to be mixed any noxious substance, likely to endanger human life with any liquor. (Para 43) Sajeev v. State of Kerala, 2023 LiveLaw (SC) 974 Abkari Act, 1077; Section 55 - Alcohol as mentioned in Section 55,...

ED Opposes Manish Sisodia's Bail In Delhi Excise Scam, Says Delay In Trial Caused By Accused Persons Not Prosecution

The Enforcement Directorate on Saturday opposed the bail plea moved by Aam Aadmi Party leader Manish Sisodia in the money laundering case connected to the alleged liquor policy scam. Special CBI judge Kaveri Baweja of Rouse Avenue Courts was hearing the second regular bail plea moved by Sisodia.Sisodia is presently in judicial custody. He was denied bail by the trial court, Delhi High Court...

The Basics Of “Criminal Trial” For The Novices In The Bench And The Bar [Q and A-Part-VII]

FRAMING OF CHARGE BY A MAGISTRATE IN A “WARRANT CASE”(Sections 240 (1) and 246 (1) Cr.P.C.) Q.31 What are the criteria to be satisfied by a Magistrate for framing charge against the accused in a “warrant case” instituted on a Police Report? Ans. If upon consideration of the “prosecution records” and hearing both sides, the Magistrate is of opinion that – 1) ...

'Police Cannot Be Allowed To Tutor Prosecution Witness': Supreme Court Asks TN DGP To Take Action Against Erring Police Officers

While rebuking Tamil Nadu Police for tutoring the witnesses to depose against the accused, the Supreme Court on Friday (April 05) directed the Tamil Nadu's Director General of Police to make an enquiry into the conduct of the police officials of tutoring witnesses at the concerned Police Station and to take action against the erring police officials in accordance with law. “Thus, the...