'Only Narendra Modi Could Have Filed Defamation Complaint, Case Politically Motivated': Rahul Gandhi's Appeal In Surat Court

As reported by LiveLaw earlier, Congress leader Rahul Gandhi has moved an appeal before the Surat Sessions Court challenging his conviction and sentence by a magistrate court in Surat in a defamation case over his 'Modi Surname' remark. In his appeal, he has argued that his speech in question (why all thieves share the Modi surname) was in connection with Narendra Modi, Nirav Modi, and Lalit...

S.151 CrPC | Arrest Without Warrant In Absence Of Knowledge Of Design To Commit Cognizable Offence Violates Article 21: Kerala High Court

The Kerala High Court has reiterated that the police cannot arrest a person under Section 151 of the Code of Criminal Procedure (arrest to prevent the commission of cognizable offences), without the knowledge of the existence of a design to commit a cognizable offence and a belief that the commission of the offence can only be prevented by the arrest of the person.A single bench of Justice...

'Cow Slaughter Law' Misused; IO Recovered Only Cow Dung From Spot: Allahabad HC Grants Relief To Accused, Says Fair Probe Not Done

The Allahabad High Court recently granted anticipatory bail to a man (named Jugadi @ Nizamuddin) booked under the UP Cow Slaughter Act as it noted that the case against the accused was a glaring example of misuse of penal law and that the state did not conduct a fair probe in the matter.The bench of Justice Mohd. Faiz Alam Khan observed that neither the prohibited animal nor its flesh had...

Former HC Chief Justice Thottathil B. Radhakrishnan Passes Away

Former Chief Justice of the High Courts of Calcutta, Andhra Pradesh, Telangana, and Chhattisgarh, and Judge of the Kerala High Court, Justice Thottathil Bhaskaran Nair Radhakrishnan, passed away today. He served as Judge of the Kerala High Court for 12 years, and had been the acting Chief Justice twice. He breathed his last at a private hospital in Kochi. Enrolled as a lawyer in the year...

Hindu Succession | If Law Gets Amended Before Passing Final Decree In Partition Suit, Parties Can Seek Its Benefit : Supreme Court

The Supreme Court has held that during the pendency of a partition suit, the parties can seek benefit of the amended law, when final decree has not been passed. Accordingly, the preliminary decree in a partition suit can be varied in the final decree proceedings, if the law governing the parties has been amended.The Bench comprising of Justice A.S. Bopanna and Justice J.B. Pardiwala has...

Bail Can Be Granted In NDPS Cases On Ground Of Undue Delay In Trial Despite Stringent Conditions In Section 37 : Supreme Court

In a pathbreaking judgment on bail jurisprudence, the Supreme Court has held that undue delay in trial can be a ground to grant bail to an accused, despite the rigours of Section 37 of the Narcotic Drugs and Psychotropic Substances Act 1985.A division bench of Justices S Ravindra Bhat and Dipankar Datta, while granting bail to an undertrial prisoner arrested seven years ago for...

Court Cannot Declare Equivalency Of A Course: Supreme Court

The Supreme Court on 28th March rejected the appeal filed to grant promotion to Grade-I and Assistant Engineer on the ground that the appellant did not possess the required degree and court cannot prescribe the qualification or declare the equivalency of a course.The bench comprising Justice Sanjay Kishan Kaul, Justice Manoj Misra and Justice Aravind Kumar said, “It is trite law that...

‘Unfair Probe, Manipulations Apparent’: Rajasthan High Court Acquits Four Convicts In 2008 Jaipur Blasts Case

The Rajasthan High Court on Wednesday acquitted all the four convicts in the 2008 serial Jaipur blast case and upheld the acquittal of fifth accused on the ground that prosecution has not been able to establish the chain of the circumstances to establish their guilt.On May 13 in 2008, a number of explosions took place in Jaipur, resulting into death of 71 persons and injuries to 185 persons....

Will Soon Take Appropriate Decision: BCI To Punjab and Haryana High Court On Charging Of 'Exorbitant' Enrollment Fees By State Bar Councils

The Bar Council of India has told the Punjab and Haryana High Court that it will soon take a decision on the issue of exorbitant enrollment fee being charged by the state bar councils.The submission was made before the bench of Chief Justice Ravi Shanker Jha and Justice Vikas Bahl during the hearing of a petition alleging that the Bar Council of Punjab and Haryana was charging...

BREAKING| Lok Sabha Restores Lakshadweep MP Mohammed Faizal's Membership Ahead Of Supreme Court Hearing

The Lok Sabha Secretariat today issued a notification stating that the disqualification of Lakshadweep MP PP Mohammed Faizal has ceased to operate in view of the Kerala High Court suspending his conviction on January 25.Notably, the Lok Sabha notification came ahead of today's Supreme Court hearing in the petition filed by the NCP MP challenging the refusal to revoke his disqualification...

'Out Of Box Thinking Needed To Declog Prisons' : Supreme Court Tells Centre, States

The Supreme Court, on Tuesday, reiterated its out of the box suggestions to unclog jails in commemoration of the 75th year of independence. A Bench comprising Justice SK Kaul, Justice Ahsanuddin Amanullah and Justice Aravind Kumar was hearing a suo moto plea instituted for the purpose of issuing a comprehensive policy strategy for the grant of bail. Noting that previously the Apex Court...

No Place For Violent Action To Resist Govt Policy In Democracy: Delhi High Court Frames Charges Against Sharjeel Imam, Others In Jamia Violence Case

While framing charges of rioting and unlawful assembly against Sharjeel Imam, Safoora Zargar, Asif Iqbal Tanha and eight others in 2019 Jamia violence case, the Delhi High Court has observed that protest by violent means can never be part of democracy.“Though, in a democracy, there can be no question of dissent being suppressed or fundamental right of freedom of expression by peaceful...