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If All Judges Are Equal, Why Should Certain Kind Of Cases Go To A Particular Judge? Justice Madan B Lokur
Former Supreme Court Justice Madan B Lokur recently shared his insights on important ongoing issues at the Bhopal Literature and Art Festival. Justice Lokur spoke about the recent Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 (Act), Collegium system, delay by Central Government in appointing judges, and...
Supreme Court Issues Notice In Plea To Cancel Bail Of Accused In Gauri Lankesh Murder Case
In a recent development, Justices Vikram Nath and Satish Chandra Sharma of the Supreme Court issued notice in a plea challenging grant of bail to an accused in journalist Gauri Lankesh's murder case.The petition, moved by Lankesh's younger sister Kavita Lankesh, seeks cancellation of the bail granted to Mohan Nayak, who is alleged to have been a part of the conspiracy to murder.Lankesh, who...
Uddhav Sena Moves Supreme Court Challenging Maharashtra Speaker's Refusal To Disqualify Eknath Shinde Group
Shiv Sena (Uddhav Balasaheb Thackeray) has approached the Supreme Court challenging the decision of the Maharashtra Speaker to recognize Eknath Shinde group as the real Shiv Sena and refusing to disqualify the members of Shinde faction for defection as per the tenth schedule of the Constitution.It was on January 10 that Speaker Rahul Narwekar pronounced the verdict rejecting the petitions...
Breaking | Shinde Faction Approaches Bombay High Court Challenging Speaker's Refusal To Disqualify Uddhav Thackeray Faction MLAs
The faction of Shiv Sena led by CM Eknath Shinde has approached the Bombay High Court challenging Maharashtra Legislative Assembly Speaker Rahul Narwekar's refusal to disqualify 14 MLAs of the Uddhav Thackeray faction.Last week, Narwekar declared that the Eknath Shinde-led faction was the real Shiv Sena when the party split on June 22, 2022. However, he dismissed petitions filed by both...
New Criminal Laws Are Continuation Of Colonial Logic, Expand Police Powers : Professor Anup Surendranath
Professor Anup Surendranath of National Law University Delhi, in a recent interview with Livelaw, discussing the three new criminal laws, said that a tremendous opportunity for truly transforming our criminal justice system has been missed. He opined that these laws are certainly a continuation of a colonial logic where the State wants as much power to control the people it is...
Use Of Audio-Video Electronic Means For Investigation & Trial According To BNSS
The Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS) which seeks to replace the existing Code of Criminal Procedure, has made certain changes by adding provisions relating to the recording of evidence through 'audio-visual' means. The new law has emphasized the significance of audio-video technology to aid the police in crime scene investigation. The new law defines the “audio-visual...
Supreme Court To Pronounce Judgment Tomorrow On Chandrababu Naidu's Plea To Quash FIR In Skill Development Scam Case
The Supreme Court will pronounce judgment tomorrow on the petition filed by former Andhra Pradesh Chief Minister and Telugu Desom Party chief N Chandrababu Naidu seeking to quash the FIR registered against him by the AP Crime Investigation Department in connection with the skill development scam case.A bench comprising Justices Aniruddha Bose and Bela M Trivedi, which reserved the judgment...
When Maintainability Of Suit Is Questioned, Court Should Prima Facie Decide Jurisdiction Before Granting Interim Relief : Supreme Court
The Supreme Court has observed that if the maintainability of a civil suit is questioned and the grant of interim relief is opposed on that ground, then the trial court, before deciding to grant the interim releif, must at least make a prima facie satisfaction regarding the maintainability of the suit. "Where interim relief is claimed in a suit before a civil court and the party to be affected...
![The Art Of Writing Judgment [Part-I]](https://www.livelaw.in/h-upload/2024/01/15/500x300_516191-justice-g-raghuram.webp "The Art Of Writing Judgment [Part-I]")
The Art Of Writing Judgment [Part-I]
Prefatory remarks: The crafting of judgments is an art. Neither the sheer length nor the weight of a judgment, nor its brevity, are an index of its quality. Some judgments despite reproducing the entire pleadings copiously and often repeatedly, extracting oral and documentary evidence in exasperating detail, and cataloguing or extracting precedents cited in painful and avoidable prolixity, simply conclude that some evidence is accepted, while others are not; some judgments are ...
The Law On Remission
In a significant verdict, the Supreme Court in the case Bilkis Yakub Rasool v. Union of India (“Bilkis Bano Case”), has quashed the order of the Gujarat Government granting 'remission' to the 11 persons, who were convicted for committing rape on Bilkis Bano during 2002 Gujarat Riots. The Court has held that the exercise of power by the State of Gujarat is an instance of usurpation and...
When Called Upon To Invoke S.482 CrPC, High Courts Should Carefully Examine If Accusations Constitute Offence : Supreme Court
The Supreme Court in a recent order observed that when the High Court was called upon to invoke power under Section 482 Cr.P.C to quash a criminal case, it was incumbent upon the High Court to consider the question whether the allegations would constitute the offence(s) alleged against the person-accused.While setting aside an order of a High Court which denied to quash the criminal...