Sedition- Supreme Court Hearing On Constitutional Validity Of Section 124A IPC- Live Updates

A bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli has taken up the petitions challenging Section 124A IPC.While issuing notice on the petitions in July 2021, the CJI had orally made critical remarks against the provision."Is it still necessary to retain this colonial law which the British used to suppress Gandhi, Tilak etc., even after 75 years...

Needless Hypersensitivity Not Expected Of Judicial Officers, Should Maintain Composure & Poise: Delhi High Court Sets Aside ₹5 Lacs Cost

Observing that needless hypersensitivity is not expected of Judicial Officers who are expected at all times to maintain composure and poise, the Delhi High Court has set aside Rs. 5 lacs cost imposed by a Additional Rent Controller with a 'word of advice'.Unequivocally expressing its discomfiture at the manner in which the order was passed, Justice C Hari Shankar said:"In order that the career...

Accused Can't Claim De Novo Trial As A Matter Of Right Unless Claim Of Counsel's Ineffectiveness Is Proved To Satisfaction Of Court: Delhi HC

The Delhi High Court has observed that an accused cannot, as a matter of right claim de novo trial, except where he is able to show and prove his claim of ineffectiveness of counsel's assistance and his representation falling below an objective standard of reasonableness, to the satisfaction of the court. Justice Rajnish Bhatnagar added that such a relief is to be granted sparingly,...

2008 Indian Mujahideen Case: 14 Yrs On, Bombay High Court Orders Re-Adjudication Of Accused' Plea To Drop MCOCA Charges

The Bombay High Court has directed the Special Court to re-adjudicate the plea of an accused seeking to drop charges under the Maharashtra Control of Organised Crime Act (MCOCA) against 23 men arrested over 13-14 years ago in the Indian Mujahideen Case. The case pertains to emails being sent out to various news media houses before a series of blasts took place in Delhi,...

Supreme Court Requests Chattisgarh HC To Decide Suspended IPS Officer's Bail Plea In Corruption Case Expeditiously

The Supreme Court on Wednesday requested the Chattisgarh High Court to expeditiously dispose of suspended Additional Director General of Police Gurjinder Pal Singh's bail plea in case filed against him under the Prevention of Corruption Act for allegations of disproportionate assets.Recording the same, a bench comprising CJI NV Ramana, Justice Krishna Murari and Justice Hima Kohli disposed of...

Notify Overdue Elections Of Maharashtra Local Bodies Within 2 Weeks Based On Delimitation Existing Before March 11 : Supreme Court Directs SEC

The Supreme Court on Wednesday directed the Maharashtra State Election Commission to announce the schedule for elections for around 2486 local bodies, whose term expired long ago, election within two weeks.The Court had earlier stayed the state government's attempt to introduce OBC quota in the elections on the ground that the state had not carried out the modalities that must precede...

What Are The Basic Principles Relating To Bank Guarantees, Their Invocation & Interdiction? Delhi High Court Answers

The Delhi High Court has settled down the basic principles relating to bank guarantees, their invocation and the interdiction of such invocation. While observing that commercial contracts often contain clauses requiring the contractor to furnish bank guarantees, Justice C Hari Shankar said that such bank guarantees are either bank guarantees provided towards security for having been awarded...

Legitimate Expectation: Chhattisgarh High Court Restrains University From Replacing Guest Lecturer Except By Way Of Regular/ Contractual Appointment

The Chhattisgarh high Court has reiterated that merely because a person is appointed as a "Guest Lecturer" at a college or a University, does not mean that he/she does not have any right. Drawing analogy from the case of Manju Gupta & others v. State of Chhattisgarh & others, it held that such persons have a "legitimate expectation" of not being replaced, in the absence of any...

Dying Declaration Made To Doctor Can't Be Discarded Only Because Certificate Of Fit Mental State Not Appended: Orissa High Court

The Orissa High Court has held that 'dying declaration' made to a doctor can neither be called to question nor should be doubted only because a certificate with regard to mental state of the deceased at the time of recording the declaration was not appended to it. While holding doctor to be 'the best person' to assess mental state of a victim, a Division Bench of Chief Justice Dr....

Registering Authority Bound To Verify If Power Of Attorney Gives Power To Sell; Sale Deed Registration Not A Mechanical Process : Supreme Court

The Supreme Court has held that a Registering Authority under the Registration Act 1908, while registering a sale deed executed by a Power of Attorney holder, is bound to verify if the Power of Attorney empowers the agent to sell the property.The Court noted that the provisions of the Registration Act, particularly Section 34(3)(c), imposes an obligation on the Registering Officer to...

Postpone NEET-PG 2022 : Medical Students Association Moves Supreme Court

The All India Medical Students Association has filed a petition in the Supreme Court to postpone the the National Eligibility cum Entrance Test for Postgraduate (NEET-PG) 2022 exam scheduled on May 21 citing clash with ongoing counselling for NEET PG 2021."On behalf of All India Medical Students Association (AIMSA) we have moved Supreme Court of India against scheduled examination of NEET...

Life Sentence Means Imprisonment Till Last Breath; Court Can't Fix A Period Of Incarceration Of Life Convict: Allahabad High Court

The Allahabad High Court has clarified that the sentence of imprisonment of life is till the natural life of the accused which cannot be fixed in years by the High Court. The Bench of Justice Sunita Agarwal and Justice Subhash Chandra Sharma observed thus while upholding the life sentence awarded to Five murder convicts by the Trial Court in a case that dates back to the year...