Law Commission Recommends Whistleblower Protection, Says Amendments May Be Brought To Mandate Test Data Disclosure

In a recent development, the Law Commission of India has recommended in its 289th Report dated March 5, 2024 that there should be a special legislation for protection of Trade Secrets, with exceptions pertaining to whistleblower protection, compulsory licensing and government use, and public interest. In the same report, it has proposed a separate legislation for Economic Espionage as...

CJI DY Chandrachud Urges Judges To Write Judgments In Simple Language

Chief Justice of India DY Chandrachud, today (March 09), while speaking at an event, said that if judges should write the judgments in a simple language if they should reach the common people. CJI went on to say that an attempt is being made to make Court decisions available to people in their regional languages. CJI was speaking at the inaugural event of the regional/state-level...

Supreme Court Weekly Digest With Subject /Statute Wise Index [February 25 to 29]

Abuse of Process of LawSpecial Leave Petitions - Several matters, wherein the special leave petitions are filed either against the order seeking adjournment or the order issuing notices or grant/refusal of interim protections. Filing of such petitions not only wastes the time of the Court but it also puts unnecessary burden on the Courts and adds up to the pendency of matters before the...

Madras High Court Removes Observation In Judgment That Origin Of Caste System Is Less Than A Century Old

The Madras High court has now removed the remarks made about the origin of caste system from its recent judgement in the pleas challenging the continuation of office of Minister Udayanidhi Stalin, Minister Sekar Babu and MP A Raja.In the judgment uploaded on March 6th, Justice Anita Sumanth had observed as under,"This Court agrees unequivocally that there are inequities based on caste present...

If Acquittal Is Based On Irrelevant Grounds, Supreme Court Obligated To Interfere Under Article 136 : Supreme Court

Recently, the Supreme Court observed that while exercising powers under Article 136 of the Constitution it can interfere with the order of the acquittal if the acquittal of an accused would lead to a significant miscarriage of justice. The Bench Comprising Justices Surya Kant and KV Viswanathan while reversing the acquittal of the respondent/accused to conviction stated that though under...

Directing Deposit Of 75% Suit Claim To Condone Delay & Set Aside Exparte Decree Unwarranted & Disproportionate: Supreme Court

The Supreme Court in a recent order on deprecated the condition imposed by the High Court for the deposit of 75% of suit claim to condone delay and set aside an ex parte order.The Supreme Court bench led by CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra, in its order, observed that such a condition was not only disproportionate but also unwarranted. The bench was sitting in...

Supreme Court Monthly Round-Up: February 2024

Here's a comprehensive overview of the Supreme Court of India proceedings during the second month of 2024. This monthly digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the month of February and also the updates of the Constitution bench hearing in Aligarh Muslim University's minority status and on the...

Supreme Court Directs Action Against Rajasthan Police Officials Alleged To Have Assaulted Witness To Elicit Confession

Shocked at allegations levelled by a prosecution witness against state officials, regarding assault for the purpose of eliciting a confession, the Supreme Court recently directed undertaking of an inquiry as well as administrative and criminal action.The Bench of Justices Abhay S Oka and Ujjal Bhuyan was hearing the petitioner-accused's challenge to a Rajasthan High Court order declining...

Relationship Which Was Consensual At Beginning Might Not Remain Same For All Time: Supreme Court Refuses To Quash Rape Case

A relationship may be consensual at the beginning, but the same state may not remain so for all time to come., held the Supreme Court while declining to quash an FIR registered against a rape accused. “Whenever one of the partners show their unwillingness to continue with such relationship, the character of such relationship at it was when started will not continue to prevail.,”...

Need To Educate Police About Freedom Of Speech, They Must Be Sensitised About Democratic Values : Supreme Court

This observation was made by the apex court while quashing a criminal case against a professor under Section 153A of the Indian Penal Code for his WhatsApp status criticising the abrogation of Article 370.

Affidavit Necessary With Application Under S.156(3) CrPC; Directions In 'Priyanka Srivastava v. State of UP' Mandatory: Supreme Court

The Supreme Court, in its recent order, has stated that the directions passed by it in the decision of Mrs. Priyanka Srivastava & Anr. v. State of Uttar Pradesh & Ors. (2015) 6 SCC 287, are mandatory.The Division bench of Justices Sanjiv Khanna and Dipankar Datta was hearing a criminal appeal arising from the Telangana High Court's order. The High Court had refused to quash the...

Article 20 Doesn't Prohibit Court From Imposing Lesser Punishment As Per New Law: Supreme Court

The Supreme Court on Thursday (March 07) observed that Article 20(1) of the Constitution doesn't restrain the Courts from imposing a lesser punishment on the basis of a new law which came into force after the date of commission of the offence.Article 20(1), which incorporates the principle that criminal laws cannot be given retrospective operation, states that a person cannot be punished...