Plea In Varanasi Court Seeks Direction To ASI To Determine If Gyanvapi Mosque Was Built Upon A Hindu Temple; Ascertain True Nature Of 'Shiva Linga'

A fresh application has been moved before a Varanasi fast-track court seeking an ASI survey of the entire Gyanvapi mosque area, including the wuzukhana and closed cellars under three domes and determine if the Mosque was built/super-imposed upon a Hindu Temple. This application has been moved by Advocate Vijay Shankar Rastogi, the next friend of Swayambhu Adi Vishweshwara (deity)...

Supreme Court Weekly Round-Up (4th February-10th February)

With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the past week and also the...

Prosecution Sanction Under Section 197 Cr.P.C Explained By Justice V Ram Kumar [Part-5]

T. Can the Government empower a responsible and senior officer to accord sanction on behalf of the Government either under the Cr.P.C or under the P.C Act, 1988 ? 21. Yes. Where it is the Government which has to accord prosecution sanction, the Government can empower a responsible and senior officer to accord such prosecution sanction. As per an amendment to the Rules of Business...

Explainer | Aligarh Muslim University Minority Status Case : Issues & Arguments In Supreme Court

A Constitution Bench of the Supreme Court has reserved judgment on the case concerning the minority status of the Aligarh Muslim University (AMU).Being recognised constitutionally as an “Institution of National Importance” under Entry 63 of List I, AMU is the only one of the two educational institutions (the other being Benaras Hindu University) which has been bestowed this title. Founded...

Supreme Court Of India Much More Open To Evoke International Law Than Apex Courts Of Other Countries : ICJ Judge Hilary Charlesworth

The International Court of Justice (ICJ) Judge Hilary Charlesworth today (February 10), in her lecture on “The International Court of Justice: A legal forum in a political environment” at the Supreme Court of India, shared her experience and observations on the aspects of judicial impartiality, scholarly criticism and the political dilemma that the ICJ faced over the...

Police Officer Expecting An Accused To Prove His Innocence During Investigation Is Shocking: Supreme Court

Recently, the Supreme Court criticized Bihar Police for expecting an accused to prove his innocence during the investigation. The Court termed such an approach to be shocking. “The Police Officer seems to be under an impression that the accused has to appear before him and prove his innocence. Such approach cannot be countenanced.” The Division Bench of Justices Abhay S. Oka...

Soft Copies Of HC/Trial Court Records Should Be Called As Soon As Leave Is Granted : Supreme Court Asks Registry To Obtain Instructions From CJI

The Supreme Court has opined that the Registry should call for the soft copies of the records of the High Court and the Trial Court immediately after leave to appeal is granted in a petition challenging orders of conviction/acquittal."In our opinion, whenever leave is granted in an appeal challenging the order(s) of conviction or order(s) of acquittal, there has to be a practice of...

Prosecution Sanction Under Section 197 Cr.P.C Explained By Justice V Ram Kumar [Part-4]

O. Authorities competent to accord sanction under Section 19 (1) of the Prevention of Corruption Act, 1988 16. The authorities competent to grant prosecution sanction under the P. C. Act, 1988 are – (i) The Central Government in the case of a person who is employed in connection with the affairs of the Union and not removable from his office except by or with...

Judgment Upholding PMLA Provisions Was Contrary To Law, Must Be Reviewed Soon By Supreme Court: P Chidambaram & Kapil Sibal

Senior Advocate P Chidambaram, in his conversation with Senior Advocate Kapil Sibal, said that the judgment upholding the provisions of the Prevention of Money Laundering Act, 2002 (PMLA) was “contrary to the well-settled principles of law.” Adding to this, Chidambaram averred that the judgment must be reviewed, and the sooner it is reviewed, the better. It may be recalled that...

Supreme Court Monthly Round-Up: January 2024

Here's a comprehensive overview of the Supreme Court of India proceedings during the first month of 2024. This monthly digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the month of January and also the updates of the Constitution bench hearing in Aligarh Muslim University's minority status matter, providing...

Parliament Clears Bills To Modify List Of SCs, STs For Jammu & Kashmir

Paving way for addition of new communities to the list of Scheduled Castes (SCs) & Scheduled Tribes (STs) for Union Territory (UT) of Jammu and Kashmir, the Parliament today (February 9) cleared the Constitution (Jammu and Kashmir) Scheduled Castes Order (Amendment) Bill, 2024 and the Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill, 2024.While the SC Order Bill...

Supreme Court Expunges Remarks In AP HC Judgment Against SC Collegium's Transfer Proposals, State Govt

The Supreme Court on Friday (February 9) expunged the controversial observations made in a judgment passed by the Andhra Pradesh High Court in 2020 against the Supreme Court collegium's transfer proposals.“The observations made in the impugned order stands obliterated”, the bench comprising Justices Bela M Trivedi and Pankaj Mithal observed while disposing of a Special Leave Petition filed...