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STARTING TOMORROW -Certificate Course On Constitution Of India 2024 with Adv. Avani Bansal and LiveLaw Academy
Click to Register now - https://rzp.io/l/kXwsn7jLHq"The experiment of democracy in India depends on how well we can preserve our constitutional foundations. So it is imperative that there is at least one constitutional expert in every home." - Adv. Avani BansalLaunching again on popular demand, a unique, comprehensive, online certificate course on: THE CONSTITUTION OF INDIA, with LiveLaw Academy. Who should apply?This course can be taken by anyone willing to read, understand and apply the...
Supreme Court To Hear Pleas Against Prohibition On Commercial Surrogacy & Other Conditions In Surrogacy(Regulation) Act In July 2024
The Supreme Court on May 3 elucidated the issues it would be considering in a batch of pleas challenging provisions of the Surrogacy (Regulation) Act, 2021 and the Surrogacy (Regulation) Rules, 2022.The order was passed by a bench of Justices BV Nagarathna and AG Masih, recording the issues thus:1. Whether the prohibition of commercial surrogacy under Sections 4(ii)(b) & 4(ii)(c) of the Surrogacy (Regulation) Act, 2021 is constitutional?2. Whether the right of a couple to avail surrogacy...
Prosecutors Must Effectively Cross-Examine Hostile Witnesses To Show They're Lying; Merely Marking Contradictions Not Sufficient: Supreme Court
The Supreme Court has noted a lack of thorough cross-examination by Public Prosecutors in criminal appeals, specifically with hostile witnesses.The prosecutors often only confront them with their police statement, aiming to highlight contradictions but not fully explore the witness's testimony, the Court said. The Court emphasized that the purpose of cross-examination is to challenge the accuracy and credibility of the witness's statement, uncover hidden facts, and establish if the witness is...
Trial Of Summons Cases Explained By Justice V Ramkumar [Part-I]
TRIAL OF “SUMMONS CASES” – Ch. XX Cr.P.C. - It has already been seen that a “summons case” is one relating to an offence punishable with imprisonment for 2 years and below in view of Section 2 (w) read with Section 2 (x) Cr.P.C. A “summons case” can be instituted either on a “Police Report” or on a “complaint”. Let us first examine the procedure for trial of...
Section 106 Evidence Act Can't Be Applied Until Prosecution Establishes A Prima Facie Case : Supreme Court
In a notable judgment, the Supreme Court has elucidated the principles relating to the application of Section 106 of the Indian Evidence Act, 1872.Section 106 of the Evidence Act is an exception to the general rule( Section 101 of the Evidence Act) that the burden of proof is on the person who is asserting the existence of a fact. As per Section 106 of the Evidence Act, if any fact is within the special knowledge of a person, the burden of proving that fact is on him.While deciding a criminal...
'Independence Of Bar Impinged' : SCBA Executive Committee Raises Concerns About Supreme Court Direction For Women's Reservation In SCBA
The Supreme Court Bar Association (SCBA) has called for an 'Emergent General Meeting' in view of the Supreme Court's recent order reserving a minimum of one-third of the seats for women in the SCBA's executive committee. As per the direction, this order will also be applied in the coming elections, which are to be held on May 16, 2024. The resolution, dated May 03, passed by the Executive Committee stated that there was “no occasion” for the Supreme Court to pass the aforementioned...
If AAP Is The Main Accused, Can Kejriwal Be Prosecuted Without Adjudication Proceedings Against AAP? Supreme Court Asks ED
While hearing Delhi Chief Minister Arvind Kejriwal's plea challenging his arrest by the Enforcement Directorate in the Delhi Liquor Policy case, the Supreme Court on Friday (May 3) asked ED counsel Additional Solicitor General SV Raju whether the agency can prosecute Kejriwal when there are no adjudication proceedings going on against the Aam Aadmi Party(AAP).The bench of Justices Sanjiv Khanna and Dipankar Datta grilled the ASG during the hearing on whether criminal proceedings under PMLA can...
Misuse Of 498A IPC : Supreme Court Requests Parliament To Amend Corresponding Section In Bharatiya Nyaya Sanhita
Raising serious concerns about the misuse of Section 498A of the Indian Penal Code proceedings against the husband and in-laws by the wife, the Supreme Court on Friday (May 3) requested the Parliament to bring out necessary changes to the new IPC i.e., Bhartiya Nyay Sanhita, 2023 (“BNS”) which contained provisions such Section 85 and 86 akin to Section 498A of IPC. “We request the Legislature to look into the issue as highlighted above taking into consideration the pragmatic realities and...
Why Shouldn't Ayurvedic Doctors Have Same Retirement Age As Allopathic Doctors? Supreme Court Asks Rajasthan Govt
The Supreme Court on Friday (May 3) issued notice on a petition filed by the State of Rajasthan against the Rajasthan High Court order directing grant of enhanced superannuation for Ayurvedic Doctors at parity with Allopathic ones. The Court was of the view that while Ayurvedic Doctors were contributing immensely to society, the directions of reinstating retired doctors may impinge upon matters of policy. The CJI initially was of the view that there exists no difference in the quality of...
Meritorious Candidates Of Reserved Category Not Availing Reservation Benefits Should Be Treated As General Category : Supreme Court
In a recent decision, the Supreme Court observed that if the meritorious candidates from the reserved category had not availed any reservation benefit/relaxation, then such reserved category candidates would be treated at par with unreserved/general category candidates on the strength of their marks. Affirming the decision of the M.P. High Court, the bench comprising Justices C.T. Ravikumar and Sanjay Kumar observed that despite not availing the reservation, if the meritorious candidates of the...
Supreme Court Stays HC Order Asking Punjab & Chandigarh Authorities To Clear Protesters Blocking Road For Release Of Political Prisoners
The Supreme Court (Today on May 03) issued notice in a petition filed by the State of Punjab against the Punjab & Haryana High Court's recent order which asked the State and the Union Territory of the Chandigarh to clear the protesters blocking the Mohali -Chandigarh road demanding the release of Sikh political prisoners. The Bench of Justices B.R Gavai, Satish Chandra Sharma, and Sandeep Mehta also stayed the High Court's order.In the High Court's order, passed on April 09,...