Supreme Court Seeks Centre's Response To Abu Salem's Plea That Imprisonment Can't Exceed 25 Years Due To Extradition Treaty With Portugal

The Supreme Court on Wednesday sought the response of the Central Government to 1993 Bombay blast convict Abu Salem's argument that his imprisonment cannot extend beyond 25 years in view of the assurance of the government of India to Portugal at the time of his extradition.A bench of Justices S. K. Kaul and M. M. Sundresh sought the response of the Centre on Salem's plea that the 2017 judgment...

Sole Eyewitness Testimony Cannot Be Ignored Only Because Testimony With Regards To Other Co-Accused Persons Has Been Found To Be Unreliable: Calcutta HC

The Calcutta High Court has recently held that the testimony of a sole eyewitness with respect to an accused cannot be ignored solely because her evidence with respect to the other co-accused persons has been found to be unreliable. A Bench comprising Justice Joymalya Bagchi and Justice Bibhas Ranjan De observed that the principal of 'falsus in uno, falsus in omnibus' (false in one thing,...

Marital Rape Exception Restricts Women's Freedom Of Sexual Expression, Violates Art. 19(1)(a) Of Constitution: Adv Karuna Nundy To Delhi High Court

The Delhi High Court on Wednesday continued hearing a batch of petitions challenging the exception to Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his own wife from the offence of rape.Advocate Karuna Nundy argued before a bench of Justice Rajiv Shakdher and Justice C Hari Shankar that the marital rape exception takes away a married woman's...

Temporary Shift In Residence Not A Foundation To Transfer Matters Pending Before Competent Jurisdiction : Kerala High Court Reiterates

The Kerala High Court on Tuesday held that a mere temporary shift of residence cannot be the basis on which a matter pending before the competent jurisdiction is transferred, particularly when the petitioner's permanent residence is within the jurisdiction of the competent court. Observing so, Justice A. Badharudeen refused to entertain a transfer petition filed by a woman who had sought for...

Limitation Under Art. 68 & 91(a) Runs From 'Date Of Actual Knowledge' Of Misappropriation: Delhi High Court

The Delhi High Court has clarified that the phrase "first learns" used in the Limitation Act 1963 vide Articles 68 and 91(a) in its Schedule means "actual knowledge" of misappropriation and not merely "speculative knowledge."Limitation under Article 68 pertains to specific movable property lost, or acquired by theft, or dishonest misappropriation or conversion. The period of limitation is...

Intent Of Army Act Is Not To Protect Army Personnel By Awarding Them Lesser Punishment Even For Serious Offences: Supreme Court

The Supreme Court observed that the intent of the Army Act is not to protect army personnel by awarding them lesser punishment even for serious offences"If that was the intent of the legislature- that is to protect persons subject to the Army Act by awarding them lesser punishment even for serious offences - then the Act would not have provided for concurrent jurisdiction of court-martial...

"I Will Surrender" – BJP MLA Nitesh Rane Withdraws Bail Plea Before Bombay High Court

Sitting BJP MLA Nitesh Rane will surrender before the investigating officer in an attempt to murder case registered against him in Sindhudurg. He withdrew the bail application he filed in the Bombay High Court yesterday. Justice Sarang Kotwal disposed of the petition as withdrawn. Advocate Satish Maneshinde submitted that "in view of what has happened yesterday in Sindhudurg court,...

BREAKING| MediaOne Case: Kerala High Court Calls For MHA Files Which Cited Security Reasons; Allows Channel Telecast Till Feb 7

The Kerala High Court on Wednesday extended the interim order deferring the Union Government's decision to cancel the permission to telecast Malayalam news channel MediaOne till next Monday.Justice N. Nagaresh also directed the Union Government to produce before the Court the relevant files of the Ministry of Home Affairs which recommended the cancellation of the license of the channel...

Karnataka High Court Directs Govt To Submit Concrete Proposal To Overcome Space Crunch, Says Bar Council Must Find Its Own Office Space

The Karnataka High Court on Wednesday directed the state government to submit a concrete proposal to solve the problem of space crunch faced in the High Court building, by February 14. A division bench of Chief Justice Ritu Raj Awasthi and Justice Suraj Govindaraj orally said,"Next time if we do not find any solution we will pass a judicial order to vacate the Karnataka...

Demanding Additional Performance Security For Unbalanced Bid Is Arbitrary & Illegal: Rajasthan HC Sets Aside E-Auction Notices Of Water Department

The Rajasthan High Court has set aside e-auction notices issued by the Water Department which demanded additional performance security for unbalanced bids, as arbitrary and illegal. The court directed the respondents-state to permit the petitioners to perform the contract in accordance with law, without insisting upon additional performance security. Justice Dinesh Mehta, ruled,"A look...

BREAKING| Mumbai Court Summons WB CM Mamata Banerjee In Complaint About Insult To National Anthem

A Metropolitan Magistrates Court in Mumbai has issued process and summoned Chief Minister of West Bengal Mamata Banerjee to appear before it on a complaint filed by the BJP Secretary Mumbai for allegedly insulting the National Anthem. The complaint pertains to an event Banerjee attended at an auditorium in Cuffe Parade during her visit to Mumbai on December 1, 2020. It alleged that...

Criminal Court Can Try A Case Against Army Man If Commanding Officer Does Not Exercise Discretion U/Sec 125 Army Act To Initiate Court-Martial : Supreme Court

The Supreme Court has held that criminal court will have jurisdiction to try a case against an army personnel if the Commanding Officer does not exercise the discretion under Section 125 of the Army Act to initiate court-martial with respect to the offence.If the designated officer does not exercise this discretion to institute proceedings before a court-martial, the Army Act would not...