Courts Shouldn't Waver In Granting Real Relief After Deciding Something To Be Unconstitutional : Justice Deepak Gupta

Former Supreme Court judge Justice Deepak Gupta expressed criticism of the approach of Constitutional Courts in refraining from giving actual relief to citizens despite holding that certain executive decisions are unconstitutional.While delivering an online lecture on the topic “Developments in Fundamental Rights in Last Decade” as part of LiveLaw's 10th anniversary lecture series,...

Kheda Flogging: Court Report Says Videos From Incident Are Of Poor Quality, Identifies 4 Of 14 Accused Policemen

Videos from the incident involving public flogging of Muslim men in Gujarat's Kheda last year are of poor quality and hamper identification of the accused, a Magistrate Court has reported.Nadiad CJM Chitra Ratnoo's report to the Gujarat High Court however identifies 4 of the 14 policemen accused in the incident. This includes Local Crime Branch Inspector, Sub-Inspector, Head Constable and...

Can Bail Condition Requiring Assurance From Embassy That Foreign Accused Will Not Leave India Be Imposed? Supreme Court To Examine

The Supreme Court recently directed the Centre to submit its views on whether the bail condition requiring assurance from the Embassy/High Commission that a foreign national accused will not leave the country, has been incorporated by courts. A division bench of Justice Abhay S Oka and Justice Sanjay Karol was hearing a challenge to certain bail conditions imposed by the Delhi High Court on...

Digital Personal Data Protection Act Is An Outlier, Not In A Good Way : Apar Gupta

On August 12, 2023, the Digital Personal Data Protection Act received the assent of the President of India, clearing the way for the act to come into force when notified by the central government. It is the first law made for processing data in India and it brings several amendments to the Right to Information Act and the Information Technology Act. According to the preamble of the...

'ED Officials Given All Police Powers, But They're Held To Be Not Police' : Justice Deepak Gupta Criticises PMLA Judgment

Former Supreme Court judge Justice Deepak Gupta delivered a lecture on the topic "Development of Fundamental Rights Jurisprudence in Last 10 years" as part of LiveLaw's 10th anniversary lecture series. After referring to several judgments which made a significant development in the field of fundamental rights, Justice Deepak Gupta said that there are some judgments which strike at liberty...

Supreme Court Recalls Judgment Holding That No Indirect Taxes Can Be Levied On Duty Free Shops At Airports

The Supreme Court has recalled its Division Bench judgment dated 10 April 2023, where the top court had ruled that Duty Free Shops situated in the arrival or departure terminals of Airports are outside the customs frontiers of India and therefore, they cannot be saddled with any indirect taxes like the Service Tax.While allowing the review plea filed by the Commissioner of CGST and Central...

Law Presumes Marriage When Man & Woman Cohabits For Long Time : Supreme Court

In a notable judgment, the Supreme Court recently observed that when a man and a woman have continuously cohabited for a long time, there is a presumption of marriage.A bench comprising Justices Hima Kohil and Rajesh Bindal observed : “law infers a presumption in favour of a marriage when a man and woman have continuously cohabitated for a long spell. No doubt, the said presumption...

'Prosecutor Has Duty To State, Accused And Court; They Are Not Representatives Of Any Party': Supreme Court

The Supreme Court on Friday (18.08.2023) convicted Rashtriya Janata Dal (RJD) leader and former Member of Parliament (MP) Prabhunath Singh in a double murder case of 1995, reversing his acquittal granted by the trial court and confirmed by the Patna High Court.The Apex Court heavily criticized the 'deplorable conduct' of the Presiding Officer of the Trial Court in the case, which according to...

LIVE NOW- JUSTICE DIPAK GUPTA's LECTURE ON "Development Of Fundamental Rights Jurisprudence In Last 10years"

LIVELAW@10- LIVELAW 1Oth Anniversary Lecture SeriesTODAY AT 6PMSPEAKER: JUSTICE DEEPAK GUPTATOPIC: "Development Of Fundamental Rights Jurisprudence In Last 10years"WATCH LIVE @LIVELAW YOUTUBE...

Supreme Court Seeks Centre’s Response On Plea To Decriminalise Consensual Sex By 16-18 Year Olds

On Friday, a three-judge bench of the Supreme Court, comprising Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra, heard a Public Interest Litigation (PIL) challenging the vires of the statutory rape laws that criminalize consensual sex by 16-18-year-olds. The Apex Court, taking note of the PIL, sought a response from the Centre on seeking a direction...

Doctors Should Only Prescribe Generic Drugs Instead Of Brand-Name Medicines : Plea In Supreme Court

The Supreme Court on Friday has issued notice in a public interest litigation (PIL) petition seeking action and guidelines against medical practitioners who prescribe branded medicines to patients instead of more affordable generic drugs with the same active ingredients. The petition argues that healthcare professionals prescribing generic drugs could help ease the financial burden...

Bombay High Court Perturbed As Girls Trafficked From Bangladesh Under Fake Citizenship Docs Accuse Vishrambaug Police Of Sexual Exploitation

The Bombay High Court on Wednesday tore into the Sangli police’s investigation into a cross-border organized crime syndicate trafficking young girls from Bangladesh and forcing them into prostitution in Maharashtra’s Sangli district with Indian birth certificates, forged Aadhar cards and passports.A division bench of Justices AS Gadkari and SG Dige said they weren’t interested in just...